The Bruton Rule: Admissibility of a Codefendant's Confession - Evidence
| Publication year | 2005 |
| Pages | 63 |
| Citation | Vol. 34 No. 5 Pg. 63 |
2005, May, Pg. 63. The Bruton Rule: Admissibility of a Codefendant's Confession - Evidence
May 2005
Vol. 34, No. 5 [Page 63]
Evidence
The Bruton Rule: Admissibility of a Codefendant's Confession
by Levi D. Williamson
This month's article was written by Levi D. Williamson, Denver, an associate with Holme Roberts & Owen LLP - (303) 861-7000, levi.williamson@hro.com.
Those interested in submitting an article for publication in the Evidence column should contact the editor, Lawrence M. Zavadil, at (303) 389-4644 or lzavadil@jcfkk.com.
Q: May a prosecuting attorney introduce a confession of a codefendant who is not subject to cross-examination when the confession implicates the other defendant?
A: Generally no. To admit the confession, the prosecuting attorney must strike all references to the other defendant.
Assumed Facts
Bryce Titelip and Cody Fendant were life-long friends and cohorts in crime. One sunny Colorado day, Titelip and Fendant were cruising around looking for trouble. They spotted Joe's Meat Shack and decided to rob it because they liked the hamburgers. The two men donned ski masks and walked into the restaurant brandishing shotguns. Fendant shot a hole in the ceiling to get everyone's attention and screamed, "Nobody move! This is a robbery!" The two men proceeded to steal customers' money and jewelry and the restaurant's money. After taking tasty burgers for themselves, the robbers ran out of the restaurant and escaped before the police arrived.
A few weeks later, on a tip from one of Fendant's neighbors, the police brought Fendant in for questioning. After reading him his Miranda rights, the police interrogated Fendant for mere minutes before he cracked. Fendant confessed that he and Titelip robbed the restaurant. Fendant told the police, "Bryce and I put on ski masks and held up the joint with our shotguns. We didn't hurt anyone; can't we just pay back the money and then you can let us go?"
With Fendant's legal confession in hand, the local prosecuting attorney charged Titelip and Fendant with robbing Joe's Meat Shack. The prosecuting attorney decided to try them together and to offer Fendant's confession as evidence of their guilt. Fendant will not be testifying at the trial. Will Fendant's confession be admissible in the joint trial against both Titelip and Fendant?
Discussion
The Sixth...
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