Belcher , F. The facts of Bartkus demonstrate that the degree of cooperation between federal and state authorities cannot, by itself, constitute a sham prosecution. Angleton contends that Bartkus defined an additional class of successive federal-state prosecutions in which the dual sovereignty doctrine is inapplicable. He relies on language from Houston , 18 U. In Houston , the Court reviewed the constitutionality of a Pennsylvania statute that derivatively enforced a federal statute by providing sanctions for members of the state militia who failed to answer the President's call to service.
The Court stated, in dictum , that if the federal and state military tribunals exercised concurrent jurisdiction, the former prosecution might be pleaded in bar of the other. In Bartkus , however, the Court, U. Because Houston involved neither successive prosecutions nor a discussion of the dual sovereignty doctrine, its continual relevance is, to say the least, questionable.
Moreover, Angleton's argument — that a sovereign derivatively enforcing the statute of another sovereign lacks an independent interest sufficient to justify its successive prosecution — was rejected in Heath , U. Moreover, the United States is not seeking to enforce the state statute under which Angleton was acquitted. Instead, Congress has criminalized interstate activities involving murder for hire. Because Congress has acted within constitutional bounds, United States v.
Marek , F. Kozminski , U. Angleton's argument is tantamount to urging an adoption of the Department of Justice's " Petite policy," which permits federal prosecutors to obtain authorization to bring a federal prosecution following a state prosecution for the same underlying conduct, where the state proceeding has left "substantial federal interests demonstrably unvindicated. Jones , F. As Angleton concedes, the Petite policy is not constitutionally mandated, because "the Constitution does not prohibit successive state-federal prosecutions.
Nelligan , F. Angleton argues that collateral estoppel prevents the empaneling of a federal jury to decide factual questions already determined by a state jury. Collateral estoppel, or issue preclusion, requires that "when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit.
Swenson , U. Collateral estoppel is inapplicable here, because the United States and Texas, as separate sovereigns, are not the "same party. Because that clause does not bar the United States from prosecuting a defendant for the same conduct after an unsuccessful state prosecution, and because collateral estoppel is embodied in the clause, collateral estoppel does not bar Angleton's successive federal prosecution.
Because two sovereigns are permitted to prosecute for the same crime, "it would be anomalous, indeed, if a sovereign were allowed the greater power of reprosecuting individuals for offenses for which they had been acquitted but were denied the lesser power of proving the underlying facts of such offenses. Tirrell , F. As the government requests, in the interest of expediting this matter, the mandate shall issue forthwith. The joint task force has received one piece of new evidence, a tape recording of an interview Angleton gave to a writer, Vanessa Leggett.
In addition, federal investigators contend that they have enhanced the quality of a surveillance tape of Angleton that was used at the state trial. See, e. Basile , F. Koon , 34 F. Avants , F. Alabama , U. See McCulloch v. Maryland , 17 U.
They are each sovereign, with respect to the objects committed to it, and neither sovereign with respect to the objects committed to the other. See Heath , U. Illinois , 55 U. That either or both may if they see fit punish such an offender, cannot be doubted. See Moore v. Marigold , 50 U. Ohio , 46 U. Abbate , U. The Abbate Court explicitly refused to overrule Lanza.
Heath applied the dual sovereignty doctrine to a case involving successive prosecutions by two states. There is no authority suggesting that its holding is less relevant in other contexts, such as successive state-federal prosecutions.
For example, successive prosecutions by federal and territorial courts are barred, Puerto Rico v. Shell Co. Florida , U. Notification Center. News » Robert Angleton. Western Ghats destruction noted since Countries at COP26 launch plan for net-zero shipping lanes. Kristen Stewart to Robert Pattinson, these Hollywood stars are not on social media. Germany's seven-day Covid incidence rate rises to record high. Andrich strikes late to spare Bayer's blushes in Berlin. Lewandowski on target as Bayern end Freiburg's unbeaten league start.
More vaccines, fewer mask rules as US keeps fighting Covid. And that's when things started getting nasty. Despite their fallout, Bob says his brother showed up months later on Halloween dressed as a big bunny rabbit. Bob says Roger was trying to get close to the family again. It almost worked. After winning back his brother's trust, Roger convinced Bob he had scheduled a closing for him on a real estate deal. Roger had a hard time keeping his mouth shut and told the whole story to his lawyer, Jim Skelton.
Bob was able to speed away without getting shot. And Roger didn't get his money. Then he actually did make phone calls to customers, posing as an IRS agent. And I quickly started losing customers," recalls Bob. Bob realized Roger could actually shut down his bookie business and finally agreed to start paying off his brother in installments.
Paying off his brother worked for a while but Bob says Roger demanded even more cash and in , Roger made one more threat. Bob says he received a letter from Roger saying if he didn't get the money - quote - "I will hurt you in a way that will be with you for the rest of your life.
That's Bob's story. So why didn't police believe him? Because they started learning more about him, and his marriage. Although investigators had little to tie Bob to the murder of his wife, they never took their eyes off him and the more they dug up, the more they believed Bob had a few reasons to want his wife dead.
Bob says he was shocked and surprised when he learned about the divorce. And to her, obviously she was seeing another side of it," he says. Asked if he was willing to give Doris half his money, Bob says, "I hate to say we were in a situation that was so comfortable it really wouldn't have made a difference.
It irked me, but it didn't get me that angry. But there was more. When Doris thought her husband might not pay her what she wanted, just like Roger, she threatened to expose Bob's multi-million-dollar, strictly cash bookie business to the IRS. She would stay on the Internet most of the night, in chat rooms and stuff," says Doris' close friend and hairdresser Larry West. And she was telling me about the boyfriend. And she had been to see him that prior weekend," says West.
Bob says he never even knew about the affair. Even with all that information, there still wasn't enough to tie Bob to his wife's murder. And Bob was still insisting to police his brother was the killer. It took two months to find Roger; when police finally arrested him in Las Vegas, they found an audio tape in Roger's briefcase. Go out the front door and just blow her," a male voice on the tape could be heard saying. And then when she's down, I go up to her and finish her off," a second male voice could be heard saying.
Everyone thought the voice of the trigger man was Roger's but it was the other voice that intrigued prosecutor Lyn McClellan. McClellan was convinced it was Bob Angleton, the alleged brains behind the operation and the man who had pointed police toward Roger in the first place.
For McClellan, it wasn't just the speaker's voice that was convincing - it was the words he used. The unidentified man talked about a dog. What do we care if we cut her finger off or not, but Bob didn't want that," says prosecutor McClellan. The tape was all the police needed to arrest Bob for murder.
And Lyn McClellan was prepared to offer his brother Roger, the trigger man, a very sweet deal. The deal could have resulted in Roger walking out of jail a free man. All Roger had to do was testify against his brother Bob and describe their murder-for-hire plan. And for that, he would walk out of jail a free man. McClellan says he expected Roger to accept the deal. But what McClellan didn't know - and neither did Bob - was that there were even more secret audio tapes. Roger had already started talking, and the listener, was all ears.
When Vanessa Leggett heard about the high-profile case, she starting visiting Roger in jail. At the time, she was just an aspiring true crime writer looking for a story.
And this time, she got lucky. Leggett says Roger told her it was Bob's idea to kill Doris. Asked if she believed him, she said, "Yes, I do. In January , Leggett visited Roger in jail and tape recorded about 50 hours of conversations. That he had a problem. And would Roger come to Houston? Roger even confessed to Leggett that he had killed Doris. And he waited there," Leggett explained. Roger said the brothers had made a deal that Bob would pay him to kill Doris, disappear and keep quiet forever.
Remember when Bob went to the police after the murder and told them his brother Roger killed his wife? Pay up,'" says Leggett.
I think that was it. But their elaborate plan unraveled, Roger says, when he got arrested in Las Vegas, and police found those audio tapes in his briefcase.
Roger told Leggett that he recorded his brother helping him plan the murder in case he ever needed the tape to use against him. Skelton believes the tape was Roger's insurance policy. Bob says there never was a plan. His theory is that Roger wanted to destroy him and so Roger not only killed Doris, he also tried to frame Bob as his accomplice by making a fake audio tape. Each brother was pointing the finger at the other. According to Bob, the whole murder-for-hire story was part of an elaborate lie, dreamed up by Roger to incriminate Bob.
Schlesinger replied, "Because it would give him a motive and it would divert attention away from you and here was a guy who wanted to hurt you so he killed your wife.
It made a good story. Good cover. To me it makes no sense," Bob said.
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