Page 90 - TPA - A Peace Officer's Guide to Texas Law 2015

because in the context of the entire trial [there was] no reasonable basis to find an effect on the jurys verdict.

This Court has recognized that in the context of drug conspiracies, [d]rug traffickers jargon is a
specialized body of knowledge, familiar only to those wise in the ways of the drug trade, and therefore a fit
subject for expert testimony. But we have not limited drug slang testimony to experts in all cases. Rather, we
have recognized that testimony about the meaning of drug code words can be within the proper ambit of a lay
witness with extensive involvement in the underlying investigation.

We cannot say that the district court abused its discretion in admitting Lyons testimony. Lyons was
extensively involved in the investigation of the conspiracy. As the lead investigator on the case, Lyons had
conducted surveillance on a number of participants in the drug organization, and claimed to have reviewed every
wiretapped phone call, reviewed every transcript offered into evidence, listened to every second of all relevant
conversations, and spoken with a number of informants, co-conspirators, and the defendants themselves. Lyons
repeatedly explained how this investigation led him to deduce the meaning of drug code words.

The district court was clear, to counsel and to the jury, that as long as [Lyons] conclusions about what
the language means in the calls is based, in part, on his investigation and not rooted in his expertise, the court
would allow the testimony. Although Lyons may have drawn in part from his law enforcement experience, it was
not an abuse of discretion for the district court to rule that Lyons conclusions were largely based on first-hand
observations in this specific investigation.

We are satisfied that Lyons testimony neither drew conclusions as to the significance of particular
evidence in the case, nor reached ultimate legal conclusions about the appellants guilt.

The convictions for conspiracy were upheld.

th
U.S. v. Akins, et. al., No. 12-40515, Fifth Circuit Court of Appeals, decided Mar. 25 , 2014.

VOLUNTARY CONFESSION, ROBBERY SUSPECT. (GETAWAY DRIVER)

Anderson was convicted by a jury of aiding and abetting bank robbery.

Anderson was a getaway driver for Butler who entered a Chase Bank branch in Dallas, Texas wearing
something to cover his face and demanded money from a teller. The teller placed approximately $6,500 in a bag
along with a tracking device. Butler then exited the bank through the front door, ran around the side of the bank,
and jumped over a fence into someones back yard. A witness testified that Butler appeared to know exactly
where he was running after he exited the bank. Around the time Butler was inside of the bank, a witness who
lived in the neighborhood behind the bank saw a gold Grand Marquis driving slowly down his street. The witness
testified that as the car traveled down his street, he saw a man who appeared to have something covering his face
jump over his neighbor s fence and enter the Grand Marquis.

The banks tracking device led officers to a Grand Marquis occupied by three men. When officers
attempted to stop the Grand Marquis, its occupants, Butler, Teddy Rogers (Rogers), and Anderson exited the
vehicle and ran. The men were eventually apprehended and transported to the police station for questioning.

While in custody at the police station, Anderson signed a Miranda waiver and participated in an interview
with a Dallas Police Department detective and a Federal Bureau of Investigation (FBI) agent. The interview
was captured by video and audio recording. During the interview, Anderson explained that he had no idea that
Butler planned to rob a bank. Anderson stated that he simply agreed to give Butler a ride across town. According
to Anderson, Butler exited his vehicle near the Chase Bank and when Butler did not return, Anderson and Rogers
decided to leave Butler. Anderson claimed that as he was driving, Butler appeared out of nowhere and reentered

A Peace Officer’s Guide to Texas Law 83 2015 Edition