United States v. James Edward Gaines, United States of America v. Francis Edward Martin

Appellants were indicted, tried and convicted in a jury trial of two robberies of a federally insured savings and loan association in violation of 18 U.S.C. § 2113 (a). Pretrial motions to suppress, sever the trial, and to enjoin use in evidence of Martin’s prior conviction were heard and denied.

FACTUAL BACKGROUND

On September 7, 1976, two black men entered and robbed the State Savings and Loan Association (S&L) in Oakland, California. One of the men, later identified at trial as Gaines, held an employee at gunpoint while the other man, identified at trial as Martin, forced the other employee to sit on the floor. The two men then took money from the tellers’ cash drawers and forced the two employees into the vault. During the robbery one of the men left a handprint on the bank counter. The print was identified at trial as that of Martin.

Ten days later two black men again entered the same S&L in Oakland. One of the employees who had been present during the first robbery was again on duty. She saw the two men enter the bank and testified at trial that one of the men said, “Hi, its me again.” She and another teller were forced at gunpoint to sit on the floor while the men took…