United States v. Kilmartin
944 F.3d 315
| 1st Cir. | 2019Background
- Kilmartin advertised industrial-grade potassium cyanide on an online suicide forum and corresponded with ~274 respondents; he took payments but initially shipped Epsom salts instead of cyanide to many buyers.
- Andrew Denton (UK) bought cyanide; after receiving salts and filing an IC3 complaint, Denton later received a second package from Kilmartin that contained real cyanide and subsequently died from lethal cyanide levels.
- A federal grand jury indicted Kilmartin on multiple counts; he pleaded guilty to nine fraud-related counts and was tried on six remaining counts, convicted on five (acquitted on one witness-retaliation count).
- The district court admitted extensive testimony and a 113-page exhibit detailing other victims’ suicidal histories and email exchanges (the “anecdotal background evidence”); Kilmartin objected under Rule 403.
- On appeal the First Circuit held the evidence sufficient to support convictions on the mailing-injurious-articles count (Count 1) and the witness-tampering count (Count 14), found the admission of anecdotal background evidence an abuse of discretion (Rule 403), deemed that error harmless for most counts but not for Count 14, vacated Count 14 and remanded for a new trial, and affirmed sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Count 1 (mailing injurious articles resulting in death) | Gov't: Kilmartin mailed lethal cyanide to Denton; but-for causation supports the "death resulting" element; intent element was tried and instructed. | Kilmartin: Denton's voluntary ingestion was an intervening act; proximate causation and lenity should bar conviction. | Conviction affirmed. Count 1 was constructively treated as charging intent; but-for causation sufficed and evidence supported conviction. |
| Sufficiency of evidence for Count 14 (witness tampering — killing to prevent communication) | Gov't: circumstantial evidence (IC3 complaint, defendant's knowledge/communications) supports intent to prevent Denton's communication with law enforcement; mailing caused death. | Kilmartin: insufficient causation; he only assisted suicide and did not "kill" Denton; mens rea/murder required. | Court held evidence was sufficient to convict on Count 14. (Separately, conviction on Count 14 later vacated because of prejudicial evidence admitted.) |
| Admission of anecdotal background evidence (Rule 403) | Gov't: evidence shows scope of scheme, intent, motive and usefully proves the fraudulent enterprise. | Kilmartin: highly prejudicial, emotionally charged, cumulative, minimal probative value; should be excluded under Rule 403. | District court abused its discretion admitting the material; error was harmless as to most counts (fraud counts and Count 1) but not harmless as to Count 14 — Count 14 vacated and remanded for new trial. |
| Eighth Amendment challenge to concurrent 20-year fraud sentences | Gov't: sentences within statutory maximums and justified by aggravating facts (vulnerable victims, scope, concealment, death). | Kilmartin: sentences grossly disproportionate to fraud convictions and guideline ranges. | Sentences affirmed; not grossly disproportionate given severity and aggravating circumstances; claim reviewed for plain error and rejected. |
Key Cases Cited
- Burrage v. United States, 134 S. Ct. 881 (2014) (but-for causation as minimal requirement for result elements)
- Paroline v. United States, 134 S. Ct. 1710 (2014) (discussion of proximate-cause requirement and its limits)
- Old Chief v. United States, 519 U.S. 172 (1997) (inadmissible evidence risks unfair prejudice by provoking decision on improper grounds)
- Ruiz-Troche v. Pepsi Cola of P.R. Bottling Co., 161 F.3d 77 (1st Cir. 1998) (harmless-error standard and analysis)
- United States v. Piper, 298 F.3d 47 (1st Cir. 2002) (panoramic harmlessness inquiry factors)
- Fowler v. United States, 563 U.S. 668 (2011) (interpretation of § 1512(a)(1) elements)