United States v. Stewart & Delegal

951 F.2d 351 (1991) (6th Cir. 1991)

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Nature of the Case

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Facts

Stewart (D) Roach drove to Cleveland, Tennessee to survey a local bank. They returned to Cleveland, this time accompanied by Delegal (D) and Wells, intending to rob the bank. They traveled in two cars, one of which was to be abandoned. Stewart, Delegal, and Wells entered the bank disguised and armed while Roach waited outside. After collecting the loot, they fled the scene by car. As they made their escape, however, a 'dye-pack' hidden in the bag of stolen money discharged, releasing dye and tear gas into the vehicle's passenger compartment. The car was quickly abandoned, and Ds eventually made their way back to Georgia. Roach was discovered and agreed to audio-record his accomplices discussing the incident. He later recorded a conversation with Stewart wherein Stewart implicated himself in the robbery. Stewart was subsequently arrested and held in detention. Nine days before trial Stewart made statements to Roderick Stafford, a fellow inmate in which he further implicated himself in the robbery. Stafford passed news of Stewart's disclosures on to government agents and later testified at trial. Police officers had arrested Delegal on state stolen vehicle charges. Delegal was advised of his Miranda rights. Police learned that Delegal was a suspect in the bank robbery. The police showed Delegal the information and readvised him of his Miranda rights, and left Delegal an advice of rights form, telling him that he would return in the morning. Delegal was advised of his rights the next day, and he executed a second advice of rights form. Delegal proceeded to describe his involvement in the bank robbery. No witnesses were present, and the officer did not tape the conversation. Delegal was arraigned on the state charges. Ben Hawes, Jr. was appointed to represent Delegal on charges arising out of a prior state court indictment. On February 6, 1990, Ds were indicted on federal charges relating to the bank robbery. Also, named in the indictment were Wells and Roach. The district court denied Delegal's motion to suppress his confession. Ds were convicted and appealed.