United States v. Gary Thomas Butcher

Butcher appeals his conviction by a jury on a one-count bank robbery charge ( 18 U.S.C. § 2113 (a)). He raises two issues:

FACTS:

On May 18, 1976, a lone robber took approximately $1,500.00 from the Canoga Park branch of the United California Bank. At trial, the primary issue was whether or not the defendant was that robber. The prosecution presented the testimony of two bank tellers who identified the defendant as the bandit, and the surveillance photographs taken at the time of the robbery.

The defendant’s physical appearance at the time of trial was slightly different than his appearance at the time of his arrest and during the period prior to the robbery. The trial court permitted the prosecution, over defendant’s objection, to introduce the opinion testimony of two law enforcement officials and the defendant’s state parole officer to the effect that the defendant was the individual depicted in the surveillance photographs. The bases for their opinion testimony were contacts over varying lengths of time with the defendant. All of the contacts had ended four months prior to the robbery. Before the jury, the police officers were identified as such while the parole officer was…