United States v. Yates

553 F.2d 518 (6th Cir. 1977)

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Nature of the Case

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Facts

On January 5, 1976, the Ohio State Bank was robbed of $547 in cash. Karen Weaver, a teller, identified D as the person who had robbed her. Dennis Leasure observed the incident and ran to the window in time to see a green Pontiac convertible driving out of the bank parking lot. He took down the license number and the car was later identified as belonging to D. Leasure could not identify D as the robber. The morning after D voluntarily presented himself at the FBI office. The agents claim that after being properly informed of his rights and signing a waiver form, D fully confessed to the robbery. The statement was reduced to writing which, the agents testified, D read and voluntarily signed after making certain corrections. On the stand, D denied that he robbed the bank. He claimed he did not read the statement and did not know that it contained any confession of the bank robbery. D thought he was under investigation for writing bad checks and that he initialed and signed the statement only to cooperate with the FBI. The Assistant United States Attorney offered and the court admitted as government's Exhibit No. 2 the document which had been identified as D's confession. P wanted the confession read aloud but D objected as the jury could look at it in deliberations. The judge refused its reading but then remarked: It is clear in the record from the testimony of Mr. Gableman and Mr. Rogers that this Defendant did admit his participation in this bank robbery, so call your next witness, Mr. Brown. D was convicted and appealed. D contends that the district judge's remark that D admitted his participation in the bank robbery exceeds the scope of permissible judicial comment on the evidence and is reversible.