United States v. Richard Paul Elliott, (Two Cases)

Elliott was found guilty of kidnapping in violation of 18 U.S.C. § 1201 and of escape from custody in violation of 18 U.S.C. § 751 . We affirm.

Elliott bases his appeal on several grounds. The first is that he was denied due process of law, equal protection of the laws, and freedom from self-incrimination in violation of the Fifth Amendment to the Constitution. The argument is based on the fact that one Henne, a co-defendant, who had been acquitted at an earlier separate trial, was permitted to testify against Elliott. Henne’s defense at his own trial was that he had been under duress by Elliott. At Elliott’s trial Henne’s testimony corroborated and was more detailed than that of the victim.

Separate trials were granted on Elliott’s motion. It is clear under Bruton v. United States, 1968, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 , that a joint trial of co-defendants may, in some cases, be fatally prejudicial, as when a confession by one of the defendants is introduced against the other at the trial through the testimony of a third party. The trial judge (before Bruton was decided) sensed the possible prejudice to Elliott and granted his motion for separate trial. Elliott…