United States v. Fortes

619 F.2d 108 (1st Cir. 1980)

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Nature of the Case

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Facts

Two individuals robbed a bank of $3,173. They were wearing camouflage jumpsuits and dark ski masks. There was a difference in height between the two robbers; in addition, several eyewitnesses thought the taller of the two was a male, the shorter a female. Fortes (D) and Jemison (D) were eventually convicted of the robbery. P relied on the testimony of Anton Ward, who was serving a three-year prison sentence for conspiracy to commit bank robbery. He said that on two occasions prior to the March robbery, Fortes, with Jemison present, showed him various weapons, including a 12-gauge pump-action sawed-off shotgun. Fortes also displayed boots, ski hoods, pink or flesh-colored plastic masks and coveralls. Ward further testified that on March 24, 1978, the day following the robbery, Fortes and Jemison arrived in Connecticut, and that while helping them unload the trunk of their car, he noticed a blue bag which was quite heavy. Fortes invited him to look in the bag; Ward complied, noticing rolls of dimes in green and white wrappers. Ward testified that he asked ds 'if they did a bank robbery,' and that Fortes answered affirmatively, providing details of the robbery. Fortes' recitation, according to Ward, contained a description of Jemison's participation, including the information that she had taken the bank's money while Fortes held a shotgun and that she had difficulty separating the 'red money' from the 'regular money.' Jemison objected repeatedly to the admission of Fortes' statements against her. These objections were overruled. Jemison took the stand. Her defense was based largely on alibi testimony given by Jemison, her mother, and her aunt. They denied that she nor Fortes had been present at or participated in the bank robbery. Jemison described her encounters with Anton Ward and her relationship with Fortes and that it was Ward who displayed various weapons in front of her in December 1977. She testified that it was Ward who stole a blue bag from a sporting goods shop sometime in early March of 1978; the next time she saw this bag was on March 29 when Ward took it, full of dimes, from his apartment to his car. Ward then exchanged a quantity of these dimes into currency, using the proceeds to take Jemison and Beverly Brookshire shopping and to dinner in Hartford. Jemison further contradicted Ward's version of events by testifying that it was Brookshire, not she, who emptied the contents of the automobile ashtray in the vicinity of Ward's Connecticut apartment. Jemison denied that she had participated in the March 23 robbery. Fortes did not take the stand. Ds were convicted and both appealed.