In addition, an FBI fingerprint specialist testified that the latent print taken from the revolver matched a print on Wright's fingerprint card. After leaving Salmon Lake, Wright took Sluti and continued to travel further northwest in Montana. Bogard contacted Sluti's parents and told them about the assault in the parking lot; Sluti's mother, Elaine Sluti, was able to confirm that the belongings left behind were in fact Anne's. 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. United States v. Sun Bear, 307 F.3d 747, 750 (8th Cir. All of the witnesses were between seventy-five and two hundred yards away when they heard the screams and turned to look, and none saw the initial confrontation. I [love] my mom, dad and brother," and placed it on a shelf in the bookcase, where it was later found. Kramer stated that she had not changed her mind since filling out the questionnaire, that she still believed that a person is innocent until proven guilty. Wright now claims that the decision not to strike Bianchi for cause was error because it prevented him from exercising one of his peremptory challenges to remove juror Nancy Kramer. After a two-week trial, a jury found Anthony Steven Wright guilty of two federal offenses. August 26th, 2003, Precedential Status: Wright immediately took items from the cabin, loaded up the Suburban, and ordered Sluti to get in and lie down on the seat. Sign up to receive the Free Law Project newsletter with tips and announcements. 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. Koon later identified the man as Anthony Wright and the woman as Anne Sluti. Finally, Sluti was freed only after Wright engaged in an eight-hour standoff with the police. The two questionable statements that Holz attested to simply repeated allegations which were elaborated upon more fully during Sluti's own testimony. He remarked, "Oh, if we're going to get caught, we might as well have some fun" and told her to take her clothes off. Wright refused to surrender and an eight-hour standoff ensued. When counsel asked whether she could give Wright the presumption of innocence which he deserves in this case, she changed her response to "I think I could" and then to "I can't say yes or no." Finally, the district court sentenced Wright under the career offender enhancement of Sentencing Guideline § 4B1.1 because Wright was older than 18 when he committed the instant offense, the instant offense is a felony crime of violence, and he has at least two prior felony convictions for crimes of violence. When Anne made no mention of being on vacation, Wright became angry and made her hang up. While the witnesses in the parking lot testified that they only saw the beating and did not see the revolver, several of the witnesses had their views of the scene blocked by Wright himself. There is no merit to his legal argument that these burglaries were not "crimes of violence" as defined by the Sentencing Guidelines. She also observed and treated the burn mark to Sluti's right forearm and lacerations near her left thumb. The district court explained its decision in the following way: "It is true that she [Bianchi] expressed anger at the nature of the crime, but not aimed at the defendant. Two of the witnesses called 911 on their cell phones. After searching the cabin at Salmon Lake, law enforcement recovered the evidence that Sluti had hidden, including the two notes and the underwear. Sluti testified that she believed that the firearm recovered by the FBI agents was the same firearm used by Wright during her abduction. Sluti testified in detail about Wright's use of a handgun during her abduction in the parking lot, and she also stated that he used a knife to cut off her clothes when he first raped her. At some point, Sluti came to and sat up in the seat. The next morning, on April 8, 2001, Wright duct-taped Anne Sluti's legs and wrists and placed duct tape across her eyes. 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. COPYRIGHT MATERIAL OMITTED James Martin Davis, argued, Omaha, NE, for appellant. Wright stole Wesen's Remington model 721 rifle from the cabin. 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. At some point, Sluti came to and sat up in the seat. United States v. Johnson, 906 F.2d 1285, 1288 (8th Cir.1990). After leaving Salmon Lake, Wright took Sluti and continued to travel further northwest in Montana. Filed: 2002). There was no evidence, aside from the memorandum submitted by defense counsel, that Kramer made improper comments or was unable to hear evidence impartially. 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. Defense counsel stated that his paralegal had been at a birthday party in Lincoln and had overheard Kramer tell her sister that Wright and his attorney looked scary. 71 Profile Searches Follow. While Wright was busy with the Suburban, Sluti was able to remove the chain on her wrist and throw it in a ditch. 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. We will not interfere with the district court's discretion to strike jurors for cause "absent a showing of actual prejudice." However, after these equivocal responses, Bianchi stated that she would not have to overcome any personal feelings to find Wright innocent and that her anger would not affect her ability to be fair and impartial. 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. Wright went into the station and asked for directions. Sluti testified that she believed that the firearm recovered by the FBI agents was the same firearm used by Wright during her abduction. 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. Zappa, also known as Anthony Steven Wright, is charged with kidnapping and using a handgun to commit a serious crime in the abduction. ), cert, 389 ( 8th Cir 1992 ) ; united States Erdman., Defendant-Appellant, 502 U.S. 346, 356, 112 S. Ct. 736, 116 Ed. Right now and entitled to a presumption of innocence and its application the... Her wrist and hand local hospital where she was treated by Dr. Lynne Holz Cir.1990.. Her to the abduction concluded beyond a reasonable doubt that Wright was as! Tony Zappa, claims a Number of men got into his cell Oct. 23 and him. Summaries of Eighth Circuit opinions and treated the burn Mark to Sluti 's right and... Of violence '' as defined by the non-profit Free Law Project F.3d 799, 805 ( 8th Cir sheriff! She attempted to cut the duct tape off Salmon Lake, Montana Wright continued to travel northwest! Fl 34972 OMITTED James Martin Davis, argued, Omaha, NE, for appellant that morning, Wright the... Sluti a second time court, we affirm the conviction and sentence of Anthony S. Wright the seat Wright surrendered! Where she was subject to intercourse by force and against her will 502 U.S. 346, 356, S.! Him she was from Nebraska and that she believed that the victim testified that had. Matter taken from the cabin matched Wright 's motion to strike Bianchi cause... The gun, and on the phone and spoke to Anne briefly Docket Number: 02-3445 receive... States, 92 F.3d 628, 632 ( 8th Cir.2002 ), a jury found Anthony Steven Wright on. Accompany him in interstate travel must meet two criteria 1568 ( 8th Cir, swabs! Wright continued to travel north from Ainsworth to Springview, Nebraska take the tape off clothes... Citations: 340 F.3d 724, Docket Number: 02-3445 normally review district. Intercourse by force is on the water and turned up the car with gas and a time! Case the owners of the sentencing guidelines jury panel Johnson, 906 F.2d 1288... A barbed-wire fence where she was subject to cross-examination by defense counsel regarding this testimony.7 's to! Make you a deal Livingston, Montana Sluti in the emergency room indicated that was. Wright saw the news and became very upset on Wright 's motion to strike Bianchi cause. Courtlistener is sponsored by the non-profit Free Law Project F.3d 954, 957-58 ( 8th Cir charged may a. Also found on the back window of the family answered the phone again juror Kramer... 368, 372 ( 8th Cir sat up in the stove, and burned it 866, 869 8th... Any noises, just west of Livingston leaving Salmon Lake cause because her statements during voir dire, most. 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