ILNews

7th Circuit affirms kidnapping and extortion convictions, sentence

Back to TopCommentsE-mailPrintBookmark and Share

Finding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion, the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.

In United States of America v. Lamar E. Sanders, 11-3298, Sanders argued that the District Court denied him due process by admitting Timicka Nobles’ three identifications of him. Sanders claimed that the District Court ran afoul of the Confrontation Clause, or, alternatively, abused its discretion, by limiting his cross-examination of Nobles. Finally, Sanders contends that the District Court applied the incorrect mandatory minimum sentence.

Sanders and Ralph Scott forced their way into Nobles’ apartment, kidnapped her 10-year-old daughter, and forced Nobles to drive to her mother’s currency exchange store in Chicago. There, she took money out of the store’s safe and placed it in a plastic bag on her car’s front seat, where Sanders then removed it. She was able to notify her mother of the plot, who then alerted police. Scott was arrested at the scene and Sanders turned himself in shortly thereafter.

Nobles was shown a photo at the scene found in Sanders’ car of him at a birthday party; two hours later she was shown a formal photo array. She also identified Sanders in court. The daughter, who did not see the birthday party photos, also identified Sanders as her kidnapper.

Two mandatory minimum sentences apply to kidnapping – 20 years or 25 years. The District Court imposed the higher penalty.

The 7th Circuit upheld the admission of Nobles’ identifications of Sanders in a 33-page decision, finding any errors to be harmless because the government’s evidence was strong and Sanders’ case was weak.

The District Court did not allow Sanders’ to probe the details of Nobles’ criminal past, including that her previous convictions of theft and forgery involved a currency exchange.

“Sanders presented the jury with his entire theory of Nobles’s motive to lie. The fact that the prior convictions involved crimes at another currency exchange would not have given the jury any further material information in appraising her credibility,” Judge Michael Kanne wrote. “The jury might not have possessed all the information Sanders wanted it to have, but it certainly had sufficient information to evaluate Nobles’s testimony.”

The judges also believed that Congress intended for the 25-year minimum sentence for kidnapping to apply, as that minimum was passed after the 20-year minimum sentence was in place.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

ADVERTISEMENT