United States v. Harry Clardy, United States of America v. Phillip Alfonso Tucker

Phillip Alfonso Tucker (“Tucker”) and Harry Clardy (“Clardy”) appeal from a judgment of the United States District Court for the Western District of Washington, entered on a jury verdict convicting them of assault with intent to murder in violation of 18 U.S.C. § 113 (a). Each appellant argues that several allegedly prejudicial trial and pretrial incidents require a new trial.

We disagree and accordingly affirm.

On October 27, 1974, inside the United States Penitentiary at McNeil Island, Clardy and Tucker stabbed fellow inmate Leonard Walker in the mouth and arm. Walker had refused to pay interest on a loan which he had obtained from Clardy, and the stabbing was apparently appellants’ notion of retribution. Neither appellant challenges the sufficiency of evidence which proved these facts.

Later in the day, Tucker was confined in segregation where he was joined by Clardy three days later. An indictment charging the two with the crime was handed up on April 1,1975, their arraignment followed on April 18, 1975, and the trial commenced on July 28, 1975.

Both appellants contend that the failure to commence trial sooner deprived them of their speedy trial rights under the…