United States v. Terrance Karl Alden

776 F.2d 771, 1985 U.S. App. LEXIS 23847
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 6, 1985
Docket84-2188
StatusPublished
Cited by15 cases

This text of 776 F.2d 771 (United States v. Terrance Karl Alden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Terrance Karl Alden, 776 F.2d 771, 1985 U.S. App. LEXIS 23847 (8th Cir. 1985).

Opinions

[772]*772McMILLIAN, Circuit Judge.

Terrance Karl Alden appeals from a final judgment entered in the District Court for the Eastern District of Missouri upon a jury verdict finding him guilty of one count of conspiracy to escape, in violation of 18 U.S.C. § 371 (1982), and one count of aiding an escape, in violation of 18 U.S.C. § 752(a) (1982). Appellant was sentenced to a ten-year term of imprisonment, to be served consecutively to his other sentences. For reversal appellant argues that the district court erred in denying his motions for inspection of ministerial records regarding the impaneling of grand juries.1 For the reasons discussed below, we remand with instructions.

Appellant, an inmate at the United States Penitentiary at Marion, Illinois, and eight others were charged by a federal grand jury with conspiracy to escape, aiding an escape and various firearms violations. Dewey Stephens, appellant’s brother-in-law, was the government’s principal witness. The facts outlined below are based on Stephens’ testimony.

In March 1983 appellant discussed an escape plan with Stephens. Appellant asked Stephens to pick up several people at the airport, house them and show them the location of the penitentiary. Stephens subsequently received telephone calls from a woman in Puerto Rico confirming the arrangements.

On April 16, 1983, Stephens picked up five Puerto Rican men at the airport and transported them to an apartment which he had rented for them in south St. Louis. Subsequently, Stephens received a package postmarked from Puerto Rico which contained an AR-15 rifle and money orders to be used for the men’s expenses. Stephens purchased food, ammunition, army fatigues, watches, compasses, bolt cutters and flashlights for the men. Stephens gave the men three of his own rifles and a piece of pipe. Stephens later moved the men to another apartment.

On April 21, 1983, and on April 23, 1983, Stephens met with appellant at the penitentiary and again discussed the escape plan. On these occasions, Stephens drove some or all of the Puerto Rican men to the area near the penitentiary.

On April 28, 1983, Stephens discussed the escape plan with two other persons, who suggested that he contact the Federal Bureau of Investigation (FBI). On April 29, 1983, an FBI agent placed an electronic surveillance device on Stephens’ telephone. Later that same day Stephens received two telephone calls from appellant about the escape plan. In addition, penitentiary authorities taped telephone calls from Tomas Santos, an inmate at Marion, to several of the Puerto Rican men, and from Santos to a woman in Puerto Rico.

During a ride in a car furnished by the FBI and equipped with an electronic surveillance device, Stephens and the five men discussed various aspects of the escape plan. When the group arrived at the site to pick up a second car, law enforcement officers arrested Stephens and the five men and seized some ammunition and two maps.

Appellant’s theory of defense is alibi. He sought to prove that he did not make the two telephone calls on April 29, during which the escape plan was discussed, and to establish that Stephens had invented the escape plan in order to protect himself from retaliation for double-crossing prison inmates in drug deals.

On January 11, 1984, appellant filed the first of his pretrial motions requesting access to certain ministerial records regarding grand jury selection. Appellant sought to establish that certain groups had been systematically excluded from service on the grand jury. Appellant requested inspection of roll sheets reflecting the composition of grand juries, attendance records, records setting forth the method by which [773]*773the grand juries were impaneled, and records reflecting the reasons for disqualification of a grand juror based on information derived from the questionnaires sent to the names selected from the master wheel. Before the court ruled on appellant’s original motion, appellant amended his motion to seek records going back to 1970, whereas his original motion covered the years 1980 to 1983.

The district court granted appellant’s original motion but denied the amended motion as overbroad. The district court clerk subsequently provided appellant’s advisory counsel with a letter explaining the procedures used to select the grand jury. The clerk provided no information regarding the grand jurors actually chosen, disqualified or excluded.

On May 31,1984, appellant filed a motion for an order requiring the clerk to comply with the court’s order. On June 8, 1984, the district court ordered appellant to show that the records which he sought to inspect were material and relevant to an argument which he was advancing. Subsequently, appellant filed a written response to the court’s order and argued in support of his motion. On September 7, 1984, the district court denied the motion.

Appellant argues that the district court erred in denying his requested discovery of the ministerial records because § 1867(f) of the Jury Selection and Service Act, 28 U.S.C. § 1862 et seq. (1982), gives him an unqualified right to inspect jury lists. The government argues that the district court properly determined that the right to inspect jury lists is “essentially unqualified,” not absolutely unqualified, and therefore the district court correctly required appellant to show relevance and materiality.

Section 1867(f) establishes a method by which a defendant may secure records kept by the district court clerk or jury commissioner:

The contents of records or papers used by the jury commission or clerk in connection with the jury selection process shall not be disclosed, except ... as may be necessary in the preparation or presentation of a motion [challenging compliance with selection procedures] under ... this section____ The parties in a case shall be allowed to inspect, reproduce, and copy such records or papers at all reasonable times during the preparation and pendency of such a motion.

The United States Supreme Court has held that § 1867(f) establishes “essentially an unqualified right to inspect jury lists.” Test v. United States, 420 U.S. 28, 30, 95 S.Ct. 749, 750, 42 L.Ed.2d 786 (1975). The Court stated:

[Section 1867] grants access in order to aid parties in the “preparation” of motions challenging jury-selection procedures. Indeed, without inspection, a party almost invariably would be unable to determine whether he has a potentially meritorious jury challenge. Thus, an unqualified right to inspection is required not only by the plain text of the statute, but also by the statute’s overall purpose of insuring “grand and petit juries selected at random from a fair cross section of the community.”

Id. (emphasis added). The Court further stated that the only limitation authorized by Congress on the disclosure of this information is that the disclosure be at reasonable times. Id. at 30 n. 4, 95 S.Ct. at 750 n. 4.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Haji Bagcho
923 F.3d 1131 (D.C. Circuit, 2019)
United States v. Ruben Galvin Garcia
674 F. App'x 585 (Eighth Circuit, 2016)
United States v. Benjamin Potts
538 F. App'x 434 (Fifth Circuit, 2013)
Terrance Alden v. Warden Allenwood
444 F. App'x 514 (Third Circuit, 2011)
Gause v. United States
959 A.2d 671 (District of Columbia Court of Appeals, 2008)
United States v. Stanko
528 F.3d 581 (Eighth Circuit, 2008)
United States v. Rice
489 F. Supp. 2d 1312 (S.D. Alabama, 2007)
United States v. Orlando Figueroa
229 F.3d 33 (First Circuit, 2000)
United States v. Royal
First Circuit, 1996
Lewis v. State
632 A.2d 1175 (Court of Appeals of Maryland, 1993)
State v. Ciba-Geigy Corp.
573 A.2d 944 (New Jersey Superior Court App Division, 1990)
United States v. Terrance Karl Alden
776 F.2d 771 (Eighth Circuit, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
776 F.2d 771, 1985 U.S. App. LEXIS 23847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-terrance-karl-alden-ca8-1985.