United States v. Glen Alan West, United States of America v. Michael Eugene Ruppel

West and Ruppel appeal their convictions on several charges stemming from an abortive escape attempt from the Federal Correctional Institution at Terminal Island, California. They raise numerous issues including: (1) Whether the trial court erred in excluding evidence of an offer of amnesty; (2) Whether the indictment should have been dismissed because of pre-indictment delay; (3) Whether the trial court erred in refusing to grant a continuance prior to the closing statement; and (4) Whether the trial court should have excluded witnesses during a pre-trial hearing. We affirm.

FACTS

On February 18, 1978, the appellants attacked prison guard Samuel Alcaraz and, after a struggle, bound and gagged him and placed him in a supply area. Thereafter, the appellants, along with two other inmates, assaulted and eventually subdued the other guard assigned to the cell block, Eugene Murrell. He was tied up and placed in a cell. Having secured the cell block, the inmates contacted prison officials by telephone, informed them that they were holding the guards, and demanded a car to effect their escape. Associate Warden John R. Johnson refused to negotiate until the hostages were released. A few…