United States v. Olson

846 F.2d 1103 (7th Cir. 1988)

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Nature of the Case

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Facts

The body of Clifford George Albers was found in the Wolf River on the Menominee Indian Reservation. Three years later an indictment was returned charging D with first-degree murder. The United States (P) dismissed the original indictment without prejudice, and D was reindicted for the same offense in February 1985 and went to trial in September of that year. At trial, P's case in chief consisted primarily of the testimony of three main witnesses. P also introduced various physical evidence, including a number of.22 caliber and.32 caliber bullets, and a 9mm or.38 auto caliber bullet, all taken from the body, a number of cartridge cases found at the scene of the crime in 1980, and a.22 caliber High Standard semiautomatic pistol that was seized in 1979 from the home of Dt's mother pursuant to a search warrant. At trial, Agent Crum testified as a firearms identification expert. Crum testified that several of the .22 caliber bullets in the victim’s body were fired from the pistol found at D’s mother’s home and that three others could have been fired from that same pistol. The agent also found that the cartridge found had been fired from the same pistol. These items had been brought to the Wisconsin State Crime Laboratory and sealed in containers, and Agent Hunter unsealed each container and wrapped the items in cotton for shipping to the FBI Laboratory in Washington, D.C. P concedes that because of the death of Agent Hunter prior to D's trial, there are unavoidable gaps in the chain of custody of the bullets and bullet fragments. D objected to the introduction of this evidence based on chain of custody. The objection was overruled. D also objected to a lead fragment that fell from the victim’s arm when the body was moved. A police officer had picked it up, and an FBI agent gave the same piece to another FBI agent later in the day. D objected in that there was no evidence connecting the lead that was picked by the police to the lead the FBI turned over. The objection was overruled. D was convicted and appealed. D alleges that the trial court erroneously admitted certain physical evidence despite P's failure to adequately establish a chain of custody for the items.