United States v. James Owens-El
Opinion
Opinion
A jury convicted James Joseph Owens of assault to commit murder against a prison guard at the Federal Correctional Institution at Lompoc, California. Owens allegedly hit prison guard John Foster repeatedly on the head, face, neck and arms with a heavy pipe. Foster suffered permanent disability, including neurological damage affecting his memory.
Foster testified at trial he could not remember the details of the attack other than that he was struck on the head and saw blood on the floor. He stated he could not recall seeing the individual who attacked him. However, he did remember being interviewed by F.B.I. Agent Mansfield at the hospital following the attack and “vividly recalled” telling Mansfield that Owens was his assailant and recounting details of the attack. Mansfield also testified that Foster identified Owens as his assailant during this interview.
In his appeal from his conviction, Owens challenged on a number of grounds the admission of Foster’s testimony that he had identified Owens as his attacker to Agent Mansfield, one of which we sustained. United States v. Owens, 789 F.2d 750, 753, 763 (9th Cir.1986) (Owens I).