Second Circuit – Death results clause: United States v. Parks

Listen to this article

United States Court of Appeals for the Second Circuit

 Death results clause — Foreseeability finding

United States v. Parks

24-28

Judges Jacobs, Wesley, and Park

Background: The defendant appealed from his conviction of two counts of kidnapping resulting in death and one count of witness tampering by killing. Three consecutive life sentences were imposed. The defendant argues that the court erred by instructing the jury that his acts needed only be the but-for cause of the victims’ deaths, and not that the deaths needed to be foreseeable from the kidnapping.

Ruling: The Second Circuit affirmed. The court held that every criminal statute with a death results clause does not require a foreseeability finding. Regardless, any error is harmless because the evidence established beyond a reasonable doubt that the defendants’ kidnapping was the proximate cause of their deaths. Multiple witnesses testified that the defendant held the victims at gunpoint and prevented them from leaving. Death is certainly foreseeable from holding someone at gunpoint.

Brian A. Jacobs, of Morvillo Abramowitz Grand Iason & Anello, for the defendant-appellant; Elena Lalli Coronado, United States attorney, for the respondent.

Oral argument audio