United States v. Paul Eugene Lape

Paul Eugene Lape appeals from his conviction, following a jury trial, of armed bank robbery, in violation of 18 U.S.C. § 2113 (a), (d) and (e). We affirm.

Lape’s first point on appeal is that the trial court erred in denying a motion for mistrial after another witness divulged that Lape was an escapee from the California prison system.

Lape was tried jointly with codefend-ants Robert Miles Knox and Thomas William Taylor. Lape and Taylor were represented by separate appointed counsel and Knox was represented by retained counsel. On the third day of the ten-day trial, the Government called as a witness Thomas J. Padden, a Special Agent of the Federal Bureau of Investigation. Padden gave a brief account of his investigation of the robbery and of Knox’s arrest. Just before the completion of his direct examination, Padden stated, in answer to Government questioning, that he had shown a picture of Lape to Knox, and the latter said he was not acquainted with Lape by name, or with the man in the photograph.

Duncan C. Webb, counsel for Knox, then cross-examined Padden and, without any prior indication that he was leading up to such an inquiry, asked Padden whether it was not a fact that…