United States v. Brooks
2013 U.S. App. LEXIS 18140
| 10th Cir. | 2013Background
- Security Bank of Kansas City was robbed Dec. 29, 2006; robber masked, bound two tellers with plastic zip ties, and stole $246,186 from a vault safe.
- Zip ties and a blue latex glove fragment were found on the vault-room floor and later collected by CSI; DNA testing found male DNA on one zip tie (zip tie 3.1) that matched Brooks as the primary contributor.
- Brooks had a romantic relationship with teller Gwendolyn Gilbert; phone records show heavy contact in weeks before the robbery and a call ending at 6:29 a.m. on the robbery morning.
- Post-robbery, in mid-2007, Brooks was observed with large amounts of cash (one witness observed stacked $100 bills from a box; another officer saw several thousand dollars in his car); his recorded income before and after the robbery was minimal.
- At trial Brooks moved to exclude DNA and cash-possession evidence and to strike the government DNA expert for a reporting discrepancy; after conviction he moved for a new trial alleging juror misconduct (a juror under federal investigation).
Issues
| Issue | Plaintiff's Argument (Brooks) | Defendant's Argument (Gov't) | Held |
|---|---|---|---|
| Admissibility of DNA (chain of custody) | Chain broken/contamination risk because ties lay on floor unguarded and handling uncertain | Chain need not be perfect; testimony showed ties remained undisturbed and no evidence of likely contamination | District court did not abuse discretion; any chain deficiencies go to weight, not admissibility |
| Expert testimony / disclosure (report said "general swab" vs. swabbing ends) | Discrepancy prevented adequate preparation and warranted striking testimony or sanction | Government provided reports and data; no bad faith or prejudice, continuance could remedy surprise | Court did not abuse discretion in denying motion to strike; no showing of bad faith or material prejudice |
| Admission of post-robbery cash-possession evidence | Evidence was too remote (months later), prejudicial and irrelevant without precise amounts | Sudden possession of large cash is probative circumstantial evidence of guilt especially given Brooks's prior poverty and the large robbery take | Admission affirmed as not an abuse of discretion; timing not too remote given amount stolen; any error would be harmless |
| Sufficiency of evidence for armed bank robbery conviction | Surveillance poor, tellers couldn’t ID Brooks, DNA could be from consensual sex with teller (secondary transfer) | Totality of evidence (relationship with teller, phone records, differential treatment of tellers, cash possession, DNA match on zip tie) supports presence and guilt | Reviewing de novo, court held evidence (direct and circumstantial) sufficient for a reasonable jury to convict beyond a reasonable doubt |
| Motion for new trial — juror misconduct (McDonough claim) | Juror (foreperson) failed to disclose he was under federal investigation; omission was material and dishonest | Juror testified answers were not knowingly false; any truthful disclosure likely would have led to exclusion but omission was not intentional | Court credited juror’s testimony; first McDonough prong (intentional dishonesty) not met, so denial of new trial affirmed |
Key Cases Cited
- Yeley-Davis v. United States, 632 F.3d 673 (10th Cir. 2011) (chain-of-custody defects go to weight not admissibility)
- Johnson v. United States, 977 F.2d 1360 (10th Cir. 1992) (standard for establishing chain of custody foundation)
- United States v. Kelly, 420 F.2d 26 (2d Cir. 1969) (discussing prejudice from untimely disclosure of scientific tests)
- Brewer v. United States, 427 F.2d 409 (10th Cir. 1970) (possession of cash near time of offense admissible as circumstantial evidence)
- Marx v. United States, 485 F.2d 1179 (10th Cir. 1973) (upholding admission of cash-possession evidence weeks after robbery)
- Bader v. United States, 678 F.3d 858 (10th Cir. 2012) (standard for sufficiency review: view evidence favorably to government)
- McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548 (U.S. 1984) (two-prong test for juror dishonesty on voir dire)