United States v. Willie Joseph Causey, Jr.

834 F.2d 1277
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 25, 1988
Docket86-1992
StatusPublished
Cited by217 cases

This text of 834 F.2d 1277 (United States v. Willie Joseph Causey, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Willie Joseph Causey, Jr., 834 F.2d 1277 (6th Cir. 1988).

Opinions

MILBURN, Circuit Judge.

Defendant-appellant Willie Joseph Cau-sey, Jr., appeals his conviction for armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d)(2). The principal arguments on appeal are: (1) whether the government’s violation of Rule 12.1 of the Federal Rules of Criminal Procedure mandates a new trial, (2) whether the prosecution was permitted to conduct improper impeachment and vouching of its witnesses without limiting instructions, (3) whether the prosecutorial misconduct throughout the trial denied Causey a fair trial, (4) whether the pretrial and in-court identifications should have been excluded, and (5) whether Causey was denied a fair trial because of his joinder with other codefend-ants. For the reasons that follow, we affirm.

I.

On March 21, 1986, at 10:30 a.m., four men robbed the Michigan National Bank of Macomb, in Warren, Michigan. One of the men, Kevin Crumbie, entered the area behind the teller cage while a second man, Aundray Bradley, jumped onto teller counter number two. Several witnesses identified a third man, who stood against the west wall underneath a clock, as defendant Causey. The man identified as Causey was wearing a Detroit Tigers baseball cap and was observed pointing a sawed-off shotgun at those inside the bank. The fourth man, whose identity is unknown, stood in the doorway as a lookout. None of the men’s faces were concealed in any manner.

After the robbery, the four men exited the bank through the same door from which they entered, taking with them over $20,000.00 in cash. They sped away in a brown compact car, driving south toward Detroit. Several bank customers followed the car and obtained the license plate number. While following the brown car, they observed red powder filling the inside of the car and blowing out of the windows, as a red dye pack in the money they had stolen exploded. At that point, apparently stunned by the explosion, the robbers inside the car began to throw stolen money out the car’s windows and onto the street.

On April 17, 1986, the defendant and the two others who were identified were indicted by a federal grand jury for the bank robbery. A jury trial commenced on June 11, 1986. Several different witnesses were able to provide eyewitness identification of Causey as the man under the clock wearing the Tigers baseball cap.

Kathleen Firestone, the bank’s customer service representative, testified that she could identify the person standing under the clock. Although unable to identify anyone in a photo array, she was able to positively identify Causey among the three defendants sitting in the courtroom as the man who stood underneath the clock.

Tamara Furnari, who was working the drive-in window on the morning of the robbery, selected Causey out of a photographic array, indicating that he strongly resembled the man standing underneath the clock. She was also able to make a positive in-court identification by pointing out Cau-sey among the three men in the courtroom as the robber underneath the clock.

Two other tellers were able to identify Causey out of a photo array, as well as in court, as the man standing underneath the clock. Another teller testified that she was able to get a good look at the face of the man standing underneath the clock holding a shotgun, as he stood directly in front of her, and she pointed Causey out in the courtroom as the man under the clock.

A police investigation revealed that the license plate number taken from the brown compact car was registered to Joseph Anderson of Detroit for a 197Í) Plymouth automobile. However, FBI agents were unsuccessful in locating the car. After [1280]*1280talking to Anderson, the FBI agents found the car disabled and absent any license plate. Anderson, who had known Causey for almost twenty years, indicated that Causey had come to his house the evening before the robbery looking for codefendant Bradley, who was living with Anderson at the time.

Defendants Crumbie and Bradley were seen together by a number of people, both on the day of the robbery and several days afterward, driving a brown-colored car and in possession of large sums of money. The day after the robbery, Causey was observed by Martin Hall sitting inside a parked car and later driving away with defendant Crumbie.

On March 23, 1986, Detroit police arrested defendant Bradley and recovered a brown paper bag containing a revolver and Bradley’s identification. A telephone number assigned to Anita Jones was written on the exterior of this brown paper bag. Jones, who knew Bradley, indicated that she had not heard from nor seen him in over three years. However, proof was introduced that Causey used Jones’ telephone number as a location where he could have telephone messages taken.

In his defense, Causey relied primarily upon the alibi testimony of Aubrey Jackson, who testified that Causey was with him at the time of the robbery. However, on the day before Jackson was to testify, his wife, Maxine Jackson, allegedly called the FBI and requested that they remind her husband of the penalties for perjury. She further stated that her husband had told her that he had been informed by Causey of the bank robbery, and that Cau-sey had given her husband $50.00 for repayment of a debt, plus an additional $100.00 allegedly taken in the robbery.

Mrs. Jackson allegedly further stated that she and other family members had attempted to talk to her husband concerning his testimony, and that she was not certain of what her husband intended to say when he was called to testify on Cau-sey’s behalf. When asked whether or not she would be willing to testify, Mrs. Jackson responded that she was fearful that the fourth robber, whom she also knew, might harm either her or her child, as he had previously threatened her son. She further indicated that family members were still talking to her husband and that her testimony might not be needed.

After her husband’s testimony on July 23, 1986, that Causey was with him at the time of the robbery, the prosecution sought to obtain Mrs. Jackson’s testimony. When the prosecutor attempted to subpoena her, Mrs. Jackson would neither answer the door nor acknowledge the presence of the officers. The next day, July 24, 1986, Cau-sey’s counsel was notified about Mrs. Jackson. The district court then issued a bench warrant and had her brought before the court. Causey’s attorney did not object to lack of notice nor request a continuance.

When called as a witness, Mrs. Jackson claimed that she did not remember any conversation with the FBI nor any conversation concerning what her husband told her. After her testimony, the government called FBI Agent James Harrington, the agent who took Mrs. Jackson’s telephone call, and he testified as to what Mrs. Jackson had told him over the telephone.

We also note from the record that during the course of the trial, alleged threats were made against many of the government’s witnesses. It was unclear whether the alleged threats were being made by the unknown bank robber or by the defendants. As a result of the alleged threats, however, the district judge had Causey’s telephone privileges revoked.

After several days of testimony, the jury convicted all three defendants. In this appeal, defendant Causey presents numerous issues for our review. As earlier indicated, we find all of them to be without merit.

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Bluebook (online)
834 F.2d 1277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-willie-joseph-causey-jr-ca6-1988.