United States v. John Fitzgerald Wallette
2012 U.S. App. LEXIS 13904
| 8th Cir. | 2012Background
- Wallette was convicted by jury of one count of aggravated sexual abuse of a child under 18 U.S.C. §§ 2241(c), 1153, based on alleged abuse of his eight-year-old daughter, B.W.
- During trial, B.W. testified; the defense presented Dr. Slaughter’s psychological report as Defendant’s Exhibit 32, later missing after trial.
- Two other witnesses, R.L. and M.P., testified about Wallette’s abuse at a youth home where he worked.
- Dr. Slaughter’s report discussed B.W.’s trauma, fantasy-related thinking, and coping mechanisms; testimony hinted at limitations on reliability.
- Wallette moved for mistrial or new trial after discovering Exhibit 32 was missing; the district court denied the motion and sentenced Wallette to 360 months’ imprisonment plus lifetime supervised release with alcohol and sexually explicit-material restrictions.
- Wallette challenged the new-trial ruling and two supervised-release conditions on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of a mistrial was an abuse of discretion | Wallette argues loss of Exhibit 32 prejudiced the defense | District court appropriately weighed prejudice; evidence could have been reviewed | No abuse; no miscarriage of justice showed |
| Plain error in alcohol prohibition and testing condition | Wallette had no alcohol/substance-abuse problem justifying a total ban | Record shows extensive substance abuse history supporting conditions | Not plain error; conditions reasonable given record |
| Plain error in prohibition on possessing sexually explicit materials | Condition lacked individualized findings; overbroad | Offense history supports restriction; individualized findings not strictly necessary for plain-error review | No reversal under plain error; condition reasonably related to offense and public safety |
Key Cases Cited
- United States v. Gray, 369 F.3d 1024 (8th Cir. 2004) (abuse-of-discretion review of mistrial motion)
- United States v. Espinosa, 300 F.3d 981 (8th Cir. 2002) (new trial denial when evidence lost; miscarriage of justice standard)
- Cochran v. United States, 34 F.2d 441 (8th Cir. 1929) (exhibit loss may lead to new trial under certain circumstances)
- United States v. Collins, 604 F.3d 481 (7th Cir. 2010) (missing exhibits review in deliberations; prejudice considerations)
- United States v. Bender, 566 F.3d 748 (8th Cir. 2009) (standard for evaluating special supervised-release conditions)
- United States v. Davis, 452 F.3d 991 (8th Cir. 2006) (individualized inquiry in crafting special conditions)
- United States v. Poitra, 648 F.3d 884 (8th Cir. 2011) (plain-error review of pornography ban; relatedness to offense)
- United States v. Anderson, 664 F.3d 758 (8th Cir. 2012) (pornography ban sustained under plain-error framework)
- United States v. Demers, 634 F.3d 982 (8th Cir. 2011) (pornography ban upheld despite handling of error)
- United States v. Wiedower, 634 F.3d 490 (8th Cir. 2011) (individualized findings for special conditions)
- United States v. Kelly, 625 F.3d 516 (8th Cir. 2010) (need for individualized determinations for restrictions)
- United States v. Walters, 643 F.3d 1077 (8th Cir. 2011) (no automatic upholding of alcohol restrictions without record)
- Olano v. United States, 507 U.S. 725 (1993) (plain-error review framework)