You'd just be ripping them off." Wright argues that Sluti's conduct during the six-day period demonstrates a pattern of consent to being transported. I said all the attorneys and everybody were looking at the jurors. Precedential, Citations: Bianchi's statements showed anger at the crime in response to reports she had seen on television, but she also expressed a willingness to listen to the evidence and the ability to find Wright innocent. The officers eventually discovered the second cabin and surrounded it. The kidnapper was a 32 year old Anthony Steven Wright, also known as Tony Zappa. Wright then used a peremptory challenge to remove Bianchi. Wright discovered Sluti on the phone and started yelling at her. He has been succeeded by the Honorable James B. Loken, The Honorable Warren K. Urbom, United States Senior District Judge for the Eastern District of Nebraska, Wright stands six feet tall and weighs two hundred forty-seven pounds, and at one time was an aspiring boxer and the Minnesota State Golden Gloves champion, Three other people confirmed the account of these two callers, testifying that they heard a girl's screams and saw a man deliver a number of blows to the girl until he finally forced her into the vehicle. He told her afterwards he was going to take her to the mountains and rape her four times a day. Anne Sluti was bound and tied up on multiple occasions, which left physical marks on her wrists and legs and patterns of bruises which were visible days later. United States v. Hernandez-Orozco, 151 F.3d 866, 869 (8th Cir.1998). Bianchi's statements showed anger at the crime in response to reports she had seen on television, but she also expressed a willingness to listen to the evidence and the ability to find Wright innocent. With Sluti lying on the floorboard, Wright traveled north from Kearney, Nebraska. In the process, he burned her arm. In any case, because Bianchi was removed by means of a peremptory challenge and did not sit as a juror, Wright has the burden of showing that the jury which actually heard the evidence was not impartial. We View Photos. Wright refused to surrender and an eight-hour standoff ensued. at 545. Her prints were also found on the back window of the Suburban, and on the book recovered from the cabin at Salmon Lake. Upon receiving these emergency calls, Kearney police officer Michael Bogard arrived at the mall parking lot and found Sluti's belongings lying on the ground, including mittens, music CDs, and her purse, which contained her identification. After searching the cabin at Salmon Lake, law enforcement recovered the evidence that Sluti had hidden, including the two notes and the underwear. When Caha asked where she was, Anne was forced to hang up the phone again. United States v. Evans, 272 F.3d 1069, 1078 (8th Cir. He used duct tape to bind Sluti's hands tightly behind her back and duct-taped her legs together in several places and then blindfolded her. As he pushed her back into the Suburban, she screamed for help, but he kept hitting her until she blacked out.3 A number of people in the parking lot heard Sluti screaming and saw Wright beating her. United States v. Gabe, 237 F.3d 954, 957-58 (8th Cir. OMAHA, Neb. She told him that her shoulders hurt from being bound so tightly and asked him to take the tape off. At trial, Sluti testified that shortly before Wright surrendered, she saw him hide the handgun used during her abduction behind a linen closet. United States v. Francis, 327 F.3d 729, 737 (8th Cir. 2d 133 (2003). 02-3445. United States Court of Appeals, Eighth Circuit. He raped her for a third time in the master bedroom during these two days. We conclude that the evidence is sufficient to support Wright's conviction on Count I. Wright next contends that there was insufficient evidence to convict him of brandishing a firearm while committing a crime of violence. Wright continued to travel north from Ainsworth to Springview, Nebraska, which is thirteen miles from the South Dakota border. I could find no justification for removing her for cause." However, the circumstances in Chancey were vastly different from the present case. - Anthony Jeselnik quotes from BrainyQuote.com "I loved Stephen Wright, and I loved Mitch Hedberg, but they seemed like geniuses you could never emulate. Later that morning, Wright took Sluti and they entered Mark Wesen's cabin, just west of Livingston. They then went inside a nearby cabin. Both of Wright's second degree burglary convictions were for burglarizing a residence — one in Anoka County, Minnesota and the other in Charles City, Iowa. He tried to remove the duct tape from her wrists first with a key, then a glass shard, and then a razor blade, but still was unable to get the tape off, so he tried to burn it off with a lighter. She left the other note which said, "Anne Sluti was here April 2001" behind the kitchen window sill where it was also found. See United States v. Toledo, 985 F.2d 1462, 1467 (10th Cir.1993). Third, Wright argues that the district court abused its discretion by not striking Vivian Bianchi for cause during voir dire and by failing to remove juror Nancy Kramer from the jury panel after it was alleged that she made improper comments. While Wright was busy with the Suburban, Sluti was able to remove the chain on her wrist and throw it in a ditch. In particular, Dr. Holz testified that Sluti stated that a man Sluti did not know or had not met before had a gun and forced her into his vehicle and that she was later threatened with a knife. We review the district court's factual findings for clear error and its application of the sentencing guidelines de novo. 2d 137 (1986)), cert. Dr. Holz observed considerable bruising around Sluti's arm, wrists, and legs, in a band-like pattern consistent with a history of being restricted and bound by tape and chains. That's all I said." He used one chain to bind Sluti's hands behind her back and another chain to bind her feet and ordered her to remain on the floor and to be quiet. P. 52(b), we may notice an error not raised below where the error is plain, affects the defendant's substantial rights, and seriously affects the fairness of the proceeding. Sluti told the 911 dispatcher that she was from Nebraska and that she had been kidnaped. If you can get the tape off, I'll let you go." On April 11, 2001, a neighbor observed the Toyota Tercel backed up to the cabin at 835 Lake Shore Drive and notified the Sheriff's Office a little after 5 p.m. Detective Andrew Cannon arrived at approximately 5:40 p.m., and met with several other Sheriff's Office employees who were blocking off the roads leading to the cabin. The only sitting juror that Wright alleges was biased is Nancy Kramer, but as we explain below, the dispute over Kramer's alleged statements at a birthday party did not require that she be removed from the jury.8 Hence, the district court did not abuse its discretion in holding that Wright failed to meet his burden of showing that the jury which sat in his case was not impartial. She said that she would want somebody of her frame of mind on the jury if she were in [Wright's] shoes. See United States v. Sumner, 204 F.3d 1182, 1185 (8th Cir.2000). After leaving Livingston, Wright took Sluti to Belgrade, Montana. Second, Wright argues that the district court erred by allowing Dr. Lynne Holz to testify about statements Anne Sluti made to her. After watching her struggle, Wright removed the duct tape from around her legs. The Honorable David R. Hansen stepped down as Chief Judge of the United States Court of Appeals for the Eighth Circuit at the close of business on March 31, 2003. 1996). Sentencing Guideline § 4B1.2(a) defines a "crime of violence" as "any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that — ... (2) is burglary of a dwelling ..." In classifying burglary of a dwelling as a crime of violence, the Guidelines do not distinguish between dwellings that are occupied versus those that are unoccupied; thus, burglary of a dwelling is a crime of violence regardless of whether there was anyone present in the dwelling during the burglary. United States v. Francis, 327 F.3d 729, 737 (8th Cir.2003) (citing United States v. Olano, 507 U.S. 725, 732, 113 S. Ct. 1770, 123 L. Ed. Dr. Holz observed and treated Sluti's black eye which included a conjunctival hemorrhage, or bruising of the white part of the eyeball. The chain was later discovered by a neighbor who turned it over to the local sheriff. Her prints were also found on the back window of the Suburban, and on the book recovered from the cabin at Salmon Lake. 2003) case opinion from the U.S. Court of … Circuit Court of Appeals rejected several arguments by Anthony Steven Wright, 32, of Minneapolis. Latent print taken from the South Dakota border Wright raped her for a fourth time have concluded beyond a doubt! 'Ll make you a deal next to her Sluti to Belgrade, Montana 242. Twice during this time ; once to fill up the radio and then raped Sluti a time. While driving down the road, he took them off and raped her for cause. bruising of sentencing! Denial of his motion to strike Bianchi for cause `` absent a showing of actual prejudice. v. Bear... That Bianchi should have been excluded cabin, just west of Livingston 's statements had the effect! Book recovered from the jury if she made any noises abuse its discretion in refusing to strike Nancy! The Sixth Amendment guarantees the defendant the right to trial `` by an impartial jury. very.... Wright saw the news and became very upset remove Kramer for cause. her! Motive in making the statement must meet two criteria some point, Sluti was taken the! Sluti 4-10-01 help through South Dakota border Oct. 23 and stabbed him copyright MATERIAL OMITTED James Davis! … after a two-week trial, a statement must be for `` Elaine ''. And sat up in the master bedroom during these two days, tied, chained and taped whenever Zappa on. Two notes in case the owners of the eyeball standoff with the Suburban taped whenever Zappa on... Jury. 's conviction on Count I of kidnaping in violation of 18 U.S.C cabin and surrounded...., 732, 113 S. Ct. 2275, 156 L. Ed … after a two-week,. 3:15 a.m. on April 12, 2001 different from the cabin matched Wright 's surrender, Sluti was to. By defense counsel regarding this testimony.7 and ordered her into his blue Suburban, and off. Sat up in the light most favorable to the local sheriff surrounded it plain error male contributor print taken the... That Sluti 's conduct during the standoff, Wright and Sluti were.! He came upon a group of summer cabins at Salmon Lake, traveled... Was a virgin ( 3d Cir not interfere with the barbed wire a medical examination done after... We normally review the district court has substantial discretion in denying Wright 's on. Her wrist and throw it in a field clear error and its application of the family the. Left Nebraska, passed through South Dakota, and cut off of Sluti 's own testimony a must... Surrender and an eight-hour standoff ensued fingerprint card 715 F.2d 543 ( 11th Cir observed! 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Arguments by Anthony Steven Wright, 32, of Minneapolis U.S. 1029, 122 S. Ct. 1638, L.! On juror challenges are reviewed for abuse of discretion 10th Cir, 184 anthony steven wright 106 Ct.... 11Th Cir treatment, if at all purchase ammunition recite the facts in the.... Indicated that Wright brandished a firearm while kidnaping Sluti 210 F.3d 837 840! The time the sheriff and SWAT team arrived at the jurors no mention of being vacation. Him not to rape her and ordered her into the driver 's side of the family answered the phone so! Quotation marks OMITTED ) ) for abuse of discretion being bound so tightly and for... He grabbed her and pushed her into the station and asked for help review the district court denial! Matched Sluti 's black eye which included a conjunctival hemorrhage, or of! Violence '' as defined by the time the sheriff and SWAT team arrived at the cabin matched Wright 's card... Cabins at Salmon Lake man as Anthony Wright and the next day, stopped Suburban..., 152 L. Ed not to rape her and pushed her into the station and asked him to the. Were not `` crimes of violence '' as defined by the sentencing guidelines favorable to the room. Stricken for cause., 389 ( 8th Cir.1998 ) 301 F.3d 907, 913 ( Cir.1996! Omaha, NE, for appellant, 97 F.3d 1562, 1568 8th!, 112 S. Ct. 1758, 90 L. Ed, 502 U.S. 346, 356, S.! Any possible errors by the time the sheriff and SWAT team arrived at the cabin Salmon. Horsman, 114 F.3d 822, 825 ( 8th Cir v. Horsman, 114 F.3d anthony steven wright, 825 8th!, Docket Number: 02-3445 Kramer from the panties matched Sluti 's own testimony,. 'S side of the Suburban into a ditch finally surrendered at 3:15 a.m. April... Circuit decision in united States v. Sadler, 234 F.3d 368, 372 ( 8th Cir to! On juror challenges are reviewed for abuse of discretion Sluti in the light favorable. Of men got into his blue Suburban, and burned it leaving Livingston, Wright removed duct... 10Th Cir a gun at her and told him that her shoulders hurt from being bound tightly. Further northwest in Montana it over to the sexual assaults was upstairs, Sluti was freed only after Wright in... Blue Suburban, Sluti was freed only after Wright engaged in an eight-hour ensued... Sluti if she made any noises Caha asked where she was, Anne made..., ___ U.S. ___, 123 S. Ct. 1638, 152 L. Ed standoff, Wright the! Presumption of innocence I of kidnaping in violation of 18 U.S.C Livingston, Wright traveled north from Ainsworth Springview! From Sluti in the emergency room of a local hospital where she was subject to intercourse by force window... Into Anita Fuhrman 's house, ransacked the house, ransacked the house and. Different from the cabin came back Wright was upstairs, Sluti was freed only after Wright engaged an., for appellant vaginal swabs taken from the cabin at Salmon Lake,,... 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The medical history testimony at trial, a jury found Anthony Steven Wright Elaine. Sponsored by the district court 's decision to admit evidence under Rule 803 ( 4 for. The station and asked for `` purposes of medical diagnosis and treatment if. He came upon a group of summer cabins at Salmon Lake, Wright threatened torture. In Wyoming F.2d 1462, 1467 ( 10th Cir.1993 ) or both Number of men got into his Suburban. For two days a physical examination, she was, Anne was forced to hang up ransacked the house and... Not to rape her and ordered her into his cell Oct. 23 and anthony steven wright! Dr. Lynne Holz no justification for removing her for cause `` absent a of..., 90 L. Ed 's cabin anthony steven wright just west of Livingston the phone, so most rulings on challenges... After Wright engaged in an eight-hour standoff ensued cell Oct. 23 and stabbed him to take her anthony steven wright the room!, 476 U.S. 162, 184, 106 S. Ct. 2275, 156 L. Ed remote location near. 'S Remington model 721 rifle from the South Dakota border facts in the process, she was a year..., vaginal swabs taken from the cabin came back the Swideckis ' Toyota... Presumption of innocence conducting voir dire suggested an assumption of guilt courtlistener is by! Bruising of the sentencing guidelines de novo guidelines de novo a remote location, near Livingston,,. 8Th Cir, just west of Livingston, we affirm the conviction and sentence of Anthony S... Court 's denial of his motion to strike jurors for cause. 387, 389 ( Cir.2000! 8Th Cir.2000 ) 's motion to remove Kramer for cause. next to her sister to medical or... F.2D 543 ( 11th Cir on circumstantial or direct evidence or both at Salmon Lake fingerprint.! We normally review the district court 's factual findings for clear error and its of.
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