United States v. Jemison

619 F.2d 108 (1st Cir. 1980)

Free access to 20,000 Casebriefs

Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Two individuals robbed a bank of $3,173. Eyewitnesses testified that the two participants were wearing camouflage jumpsuits and dark ski masks; detailed description or positive identification was not available. The eyewitnesses agreed, however, that there was a difference in height between the two robbers; in addition, several eyewitnesses thought the taller of the two was a male, the shorter a female. The taller individual carried a sawed-off shotgun, which one witness identified as a pump action type; the other was unarmed. Only the armed participant spoke during the robbery. To link Ds with this robbery, P relied heavily on the testimony of Anton Ward, who at the time of trial was serving a three-year prison sentence for conspiracy to commit bank robbery. He said that on two occasions prior to the March robbery, Fortes (D), with Jemison (D) present, showed him various weapons, including a 12-gauge pump action sawed-off shotgun. Fortes (D) also displayed boots, ski hoods, pink or flesh-colored plastic masks, and coveralls. Ward further testified that on March 24, 1978, the day following the robbery, D arrived in Connecticut and that while helping them unload the trunk of their car, he noticed a blue bag that was quite heavy. Fortes (D), according to Ward, invited him to look in the bag; Ward complied, noticing rolls of dimes in green and white wrappers. Fortes (D), in response to Ward's inquiries, indicated he had about $ 200 there. On the day following Ward asked Ds 'if they did a bank robbery.' Fortes (D) answered that they had, describing the details of the robbery, including the facts that Fortes (D) had held the shotgun during the robbery while Jemison (D) took the money; that Jemison (D) had a hard time separating the 'red money' from the 'regular money'; that Fortes (D) had grabbed a thousand dollars in dimes; that Fortes (D) ran from the bank carrying the dimes like a football; and that Fortes (D) left the area in a station wagon. Fortes (D) later showed Ward a brown LTD station wagon parked in Hartford, Connecticut, which Fortes (D) explained had been rented by a friend and driven down from Boston. Fortes (D) later indicated that about $3,000 had been taken and gave specific details that were verified with forensic evidence. Jamieson (D) blamed Ward for the robbery. She testified it was Brookshire, not she, who emptied the contents of the automobile ashtray in the vicinity of Ward's Connecticut apartment. Jemison (D) concluded her testimony by firmly denying that she had participated in the March 23 robbery. Fortes (D) did not take the stand. Ds were convicted and appealed. Jemison (D) challenges the district court's admission, against her, of certain statements made by Fortes (D) on two occasions during the days following the robbery of Ward.

Issues

The legal issues presented in this case will be displayed here.

Holding & Decision

The court's holding and decision will be displayed here.

Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

© 2007-2025 ABN Study Partner

© 2025 Casebriefsco.com. All Rights Reserved.