Robert Clayton Buick v. United States

Robert Clayton Buick was charged in a twenty-two count indictment with robbing twenty-two federally insured savings and loan associations in violation of 18 U.S.C. § 2113 (a) and (d) (1964). Counts 19, 20, 21 and 22 were severed for a jury trial which resulted in convictions on counts 20, 21 and 22. Concurrent twenty-year sentences were imposed, subject to the provisions of 18 U.S.C. § 4208 (a) (2) (1964). Buick then took this appeal.

Buick first contends, in effect, that a mistrial or a new trial should have been granted because, in violation of the spirit of a sequestration order, a person who listened to the testimony reported thereon from time to time to government witnesses waiting in the witness room.

On the fifth day of trial counsel for Buick informed the court that she had received information that a woman spectator had been seen entering the witness room after listening to some of the trial testimony. The events, as relayed by Buick’s counsel, were sufficient to raise a suspicion that the spectator may have been informing witnesses in the witness room as to what was going on in the courtroom. Counsel stated, however, that she was making “no accusations” and could be…