Professional Documents
Culture Documents
No. 94-1645
Appellee,
v.
TALAL H. ALZANKI,
Defendant, Appellant.
____________________
____________________
Before
Circuit Judges.
______________
____________________
Attorney, and
Steven M. Dettelbach,
_____________________
Trial Attorney,
Uni
____________________
June 1, 1995
____________________
from
a district
under 18 U.S.C.
court
judgment convicting
and sentencing
him
in involuntary servitude.
We affirm.
I
I
BACKGROUND1
BACKGROUND
__________
At
("Gedara"),
a native
their
from
of Sri
warning
The
their residence,
her that
she would
employed by
appellant
Kuwaiti residence.
leaving
Lanka, was
Alzanki family
by
retaining
be subject
prevented Gedara
her passport
to arrest
and
and physical
Gedara
work
for appellant
monthly
salary of
Talal
Alzanki and
$250, which
his
was reduced
wife, Abair,
to $120
at
before she
departed Kuwait.
in Quincy,
arrival at appellant's
was confiscated by
alone.
She was
apartment
not permitted
not to
to use
the
____________________
1The
verdicts.
Cir. 1992).
favorable to the
212 (1st
kis, nor
the Alzan-
ment windows.
well
neighbors,
as
the
would shoot
undocumented
aliens
who
During the
in the apartment,
Gedara asked
that the
trying to sleep,
the
wall.
she was
The
compelling
tasks.
Alzankis deliberately
She was
basis with
Gedara's health
by
at hard, repetitive
the apartment
on a constant
ment.
hours a day
required to clean
respiratory protection,
refused.
risked
an abscessed tooth.
Finally,
though affluent,
the Alzankis
denied Gedara
ment, including
coats to wear
and allowed to
3
3
only on the
floor.
In addition
ment,
on almost a
kis' orders.
deport
On
The climate
Abair, and by
again
On
newborn child
shortly thereafter.
to
of
with
in New York.
daily basis
Appellant threatened to
away
that he had
another occasion,
physical abuse
struck Abair
Abair Alzanki
On
nurses
December 17,
local police.
Gedara
1992, after
confiding her
plight to
Appellant
later
complained to
to the
the police
that
A federal
charging
the
Alzankis with
conspiring
two-count indictment,
to
hold, and
holding,
and 1584.
Gedara
4
4
371
cy,
a mistrial was
cross-examination.
her
declared as to
guilty verdicts
against
district
sentenced him
court
represented a
Talal
in evidence.
Alzanki on
to one
year
to her
to permit
both
counts.
and one
The
day, which
II
II
DISCUSSION
DISCUSSION
__________
Appellant
challenges
evidentiary rulings;
certain
jury instructions;
the
and the
A.
A.
not
to be
problems.
("Congress'
read
so narrowly
United States
_____________
use
enacted pursuant
of the
as
to pose
Thirteenth
constitutional
language
It
is
Amendment
945 (1988)
in a
statute
to enforce the
____________________
Whoever
knowingly
and
willfully
of
person
for
involuntary servitude,
any term,
United States
or brings
any person
1584 (1992).
5
5
to
so held, shall
18 U.S.C.
holds
be
imprisoned not
intended
the
logical,
if
phrase to
have the
not inevitable.
construing 'involuntary
understanding of
time
655
of
F.2d
the
meaning in
absence of
both places
any contrary
servitude' in a way
prevailed at the
prove
In
same
physical restraint.
1276,
1278-79 (6th
1964).3
The government
need not
Cir.
1988)
(upholding cult
leaders'
convictions
for
despite absence
States
______
holding
occupants
of fencing
v. Warren, 772
______
in
or other physical
F.2d 827-33
to
escape), cert.
____
denied,
______
servitude,
barriers); United
______
(11th Cir.
nity
involuntary
1985) (upholding
475 U.S.
1022
(1986); United
______
States v. Bibbs, 564 F.2d 1165, 1167 (5th Cir.) (recognizing that
______
_____
various forms
establish
of physical force
_____
requisite
coercion),
and/or threats of
_______
cert.
____
denied,
______
435
violence may
U.S.
1007
(1977).
____________________
3Most
years
peonage and
have involved
involuntary
servitude cases
migrant agricultural
workers.
in
recent
See, e.g.,
___ ____
1167
(5th
Cir.
v.
truck-farm
655 F.2d
564 F.2d
1977) (fruit
harvesting
crews),
cert.
____
farm workers).
6
6
Absent
proof
of
physical
restraint,
finding
of
involuntary
servitude
government
establishes
herself
at
486.
is
not warranted,
that
the
worse."
unless
only
the
extricate
section 1584.
1970), aff'd,
_____
258 (1972).
or threatened
use of
the oppressed
In sum,
"special
victim could
by risking "imprisonment or
servitude under
causes
however,
1971),
compulsion
coercion, intentionally
reasonably to
vulnerabilities," that
remain in involuntary
(2d Cir.
the requisite
physical or legal
__
person
316 F. Supp.
service for
she has
a time.
believe, given
no alternative
her
but to
See Kozminski,
___ _________
487
(9th
1448, 1451-52
(1984).
requires
sufficient evidence
harm
or legal
__
the victim in
___ ______ __
physical
________
added).
Moreover,
succeeded in
Kozminski,
_________
487
U.S. at
servitude by placing
_________ __ _______
restraint
_________
a finding,
or
__
in
inter alia,
_____ ____
coercion.
definition encompasses
__________ ___________
to enable
injury or
______ __
assessing whether
("This
____
the victim
___ ______
legal
_____
952
in fear of
__ ____ __
coercion.")
________
the
(emphasis
government
such
____
has
the jury is
to consider
with a view
7
7
to
"whether the
physical or legal
will]."
Id.4
__
coercion or
In other
threats thereof
section 1584 is
inten-
tionally
B.
B.
Jury Instructions
Jury Instructions
_________________
F.3d 1, 8
F.2d
924, 930
(1st Cir.
1987)), cert.
____
inquiry on
Tutiven, 40
_______
denied, 115
______
whether the
835
S.Ct. 1391
(1995),
focusing our
instructions ade-
quately
mislead
Brown v. Trustees
_____
________
____________________
4The Kozminski
_________
evidentiary role of
[A]
be
in
his staying,
although a
that
deportation
Similarly, it is pos-
threatening an
institutionalization
could
competent adult
or
an
incompetent with
immigrant
constitute the
with
threat of
involuntary ser-
a threat made to an
produce involuntary
vitude.
8
8
ser-
of Boston Univ.,
________________
891 F.2d
337, 353
(1st Cir.
1989) (citation
1.
1.
tion defining
First,
of involuntary servitude.
requisite
violence."
The
[T]he government has to prove that the defendant held Ms. Gedara in involuntary servitude
by
using or
threatening physical
force, or
Physical
force includes
restraint,
other way
cludes
restraint, physical
locking somebody
restraining
the person.
physically injuring
up, or
in some
It
in-
the person.
It
compulsion, coercion,
has to
holding
force,
Ms.
using
physical
use
physical
the jury
or by
Gedara
threatening
by
to
force.
(Emphasis
added.)
may have
unequal
dominant
person.
person, and
It
is generally
defined
by
the authority
9
9
tion,
viewed against
Tutiven,
_______
the
backdrop of
the
entire charge,
see
___
shown to
structed the
jury to
But,
decide "whether
in fact, the
the service
must be
court in-
was involun-
had
no choice
The
"whether [Gedara]
was personally
in fear
of physical or
other
the
Gedara's belief
______
able.
____
discussion of
in deciding whether
no other choice
unreasonably
1584.
It
was enough
however
to consider
____________________
5In
mistakably
the final
jury charge,
clear guidance
the
against
any
trial judge
such
provided un-
misunderstanding:
games with
to prove that
the
preliminary
jury
instructions
explained:
in which
defendant by the
use
___
10
10
were reasonable.6
tified transcript
of the
jury charge
to an uncer-
containing a
clerical
error
made available
to the
jury during
The transcript
mistakenly stated:
to
[Alzanki] used, .
prove that
legal coercion."
its deliberations.
. . or
threatened physical or
____________________
6Similarly,
invited the
and/or
appellant suggests
impression that
that
"extremely poor
the jury
or threatened
instruction
working conditions
use of physical
force or
legal
that
situations
another in
in which
servitude by
one person
placing that
physical restraint or
It may be shown by
__ ___ __ _____ __
evidence of extremely poor working conditions
________
and/or
special
vulnerabilities of
the ser-
vant.
In addition, the jury
roles
[Legal coercion]
service.
The question
is:
here that
Of course, the
tions.
jury is
presumed to have
Tutiven, 40 F.3d at
_______
followed the
7 (citing Yates v.
_____
11
11
instruc-
The jury
time
it requested
the transcript
sibility
script
______
containing the
__________ ___
assuming
the jury
for the
___ ___
hours by the
explicit purpose
________ _______
typographical
_____________
consulted the
error.
_____
of
__
remote pos-
Furthermore, even
relevant portion of
the tran-
this
lone typographical
statements,
and the
error over
five correct
four correctly
oral statements
transcribed
it had
been
given in
itself
tified."
v. DeMasi, 40
______
(1st Cir. 1994) ("Our review of the instructions reveals that the
district
court
standard
no less
instructions
referred
to
the 'beyond
than twelve
preceding the
times in the
isolated
reasonable
nine pages
section
challenged
doubt'
of jury
here.
that the
somehow
reducing
denied, Bonasia
______ _______
the
government's
v. United States,
_____________
misconstrued by the
burden
of
proof"),
jury as
cert.
____
(1995); United
______
[cha-
the jury
instructions] .
. .
'may not
be
____________________
to the
er.
12
12
of the
overall charge.'")
v. DeVincent,
_____________
152 (1st
the
the
_________
(19-
judge correctly
and
80)).8
Given
repeatedly explained
courtroom, and
fact that
this
we find no prejudice.
975
(4th
Cir.
element to
1987)
earlier in
the
even noted,
(where deliberating
instructions given
the jury
well as
____ __
trial
jury
received
tape
in unrelated civil
case, conviction
even though
bility
warrant]
could have
conviction
that [the
Jacobson v.
________
reasonable possi-
affected the
verdict"),
U.S. 540
(1992).
There
was no
reversible error.
2.
2.
Appellant
instructed
claims that
the jury on
the district
an essential
court incorrectly
element of
the conspiracy
____________________
8The "force
or threat"
correctly in
13
13
alleged
coconspirator,
under duress.
Abair Alzanki,
Apparently
second
involuntarily cooperated
jury later
. . joined
if the
act that
is unlawful, the
ment, an
agreement, is satisfied.
however,
then go on
Alzanki], the
You must,
first ele-
only
[the husband,
person who
is
knowingly and
willfully as I
have de-
fined it to you.
Appellant
correctly asserts
each
possessed of
that a
viable conspiracy
two conspirators,
the requisite
criminal intent.
1990).
pensable
second
______
participating.
willing
For the
party,
because he
See, e.g.,
___ ____
coerced
latter proposition, he
her
into
relies on cases
which hold
coconspirator
agent.
turned out
to
be an
undercover law
enforcement
& n.2
As
United States v.
______________
Griffin, 818
_______
844 (1987).
first time on
F.2d 97,
The burden
100 (1st
Cir.), cert.
____
therefore rests
14
14
with
the sense
"miscarriage of justice."
United States v.
_____________
afforded Abair
_____
conspiracy charge.
1175,
1182
Alzanki a viable
defense to
the
(2d Cir.
1993)
(district
court properly
rejected
request to instruct
more,
would
contended
compel
at trial
acquittal).
that
behavior in response
record intimates
Abair Alzanki
to duress.
a causal
Moreover,
of harm, without
neither
conformed
Indeed, nothing
defendant
her will
in the
or
trial
Alzanki's abusive
Cf. Slater
__ ______
v. United States, 562 F.2d 58, 62 (1st Cir. 1976) (defendant con_____________
is
of which
whom he intimidated).
court correctly advised the jury that the appropriate inquiry was
whether
willfully."
As the evidence
a finding,
C.
C.
ficient to
charge.
convict
We review
on the
that the
evidence was
substantive "involuntary
15
15
insuf-
servitude"
most favorable to
the
fact
verdict, in order to
could
have found
determine whether a
guilt beyond
rational trier of
reasonable doubt.
All
and any
conviction."
Cir.
1994)
(1st Cir.
ample
evidence to
reasonable
doubt,
enable
each
a rational
jury
essential element
There was
to find,
of
the
beyond
substantive
offense.
Appellant argues
against Gedara.
These incidents, he
only a few
was used
approach,
Furthermore, he
says, conditions
in the Alzanki
apartment were
victim is exposed to
lodgings, without
retaliation for
with
plumbing; rotten
slapping, choking,
See,
___
of
1982) (beatings
confinement to quarters
("the jail") in
attempted escape),
U.S. 1214
16
16
following
victims
escape attempts);
at gunpoint;
Bibbs,
_____
beating and
564 F.2d
at 1167
threatening to
(holding
kill any
who
attempted escape).
Gedara
was to
directed
at Gedara
evidence revealed
asking him to
was by
no means
that appellant
Moreover,
their purpose
trifling in
degree.
punished Gedara
The
merely for
on
of
state of
ence as
Alzanki
sion"
is not
alternative
established
to continued
in circumstances
service
is merely
where an
available
"exceedingly bad."
____________________
9Gedara
testified to
her understanding
of
Kuwaiti police
Q.
police in Kuwait?
A.
She
testified that
she believed
that the
American police
would treat her much the same way were she to venture outside the
Alzanki apartment.
17
17
486).
Instead,
the
at 938
evidence must
establish
that the
at
victim
F.2d
989, 1000
(3d
Cir.) (community
service
a form of involuntary
the
in
Kuwait would
Gedara
enable
the jury
rationally
to continued
involuntary
considered at least as
viewed in
light of
the reasonableness
by
the
that
native
to conclude
confronted an alter-
service
which she
reasonably
of her fear of
undisputed evidence
Moreover,
that
she
would become
deportable
____________________
10Evidence of
support
American
alone.
for
other threats
the verdict.
police would
These
shoot Gedara
included
if she
further
warnings that
left
the
the apartment
seemed credible to
948, 956.
To a foreign
practices (for
Kuwaiti
example, at
trial there
imprisonment.
in these
circumstances
was evidence
to enforce
that
restrictions on
servants), a threat of
plausibly may
equate
with
18
18
immediately upon loss of her "B-1" visa status, which allowed her
lawfully to remain in
of the Alzankis.
maintain
See
___
8 U.S.C.
Although
jury fairly
those
ney,
___
. . . such
States." ); 22 C.F.R.
41.31.
could infer
efficacious threats
333 F.2d
substantiated by
coerced
to
at 486-87.
severe
Cf.
__
beatings and
assaults
are
Shack______
562 (threats,
with
labor camp).
firearms,
29
F.3d at 776,
and to
find, beyond
a reasonable
doubt, that
Gedara believed
and that
be plausible
D.
D.
Evidentiary Rulings
Evidentiary Rulings
___________________
Appellant filed
preclude
the government
ologist,"
an unsuccessful
from
as an expert witness.
Burgess to
motion
calling Ann
At trial,
in limine
__ ______
Burgess, a
to
"victim-
alleged
involuntary servitude,
stinct for
and given
the normal
expect an
human in-
unrestrained
19
19
person
faced with
actual or threatened
evidence
with
opposite impulse
testimony that
abuse
physical abuse
victims
overwhelmed by fear
to flee
often harbor
the
their
abusers.
related
only to
sexual
______
abuse victimology,
not the
behavioral
was
irrelevant
and unhelpful
to the
jury,
see Fed.
___
R. Evid.
technical, or
of fact") or, at
substantially outweighed
swayed by
amounted
by the danger of
to
impermissible "bolstering"
of
the
her testimony
allegations of
We
only
review
challenges to
v. Sepulveda, 15 F.3d
_________
114
expert-witness qualification
cert. denied,
____ ______
677 (1st
Cir. 1993).11
The
____________________
11We reject
the government's
at trial.
14, 16
timely
objection
only Abair
(motion in limine
at trial).
Rule 702
At
20
20
the
must be "renewed"
outset, the
by
trial judge
by
Rule 702
whether
it
specialized
understand
Daubert
_______
essentially
is
requires
"reasonably
__________
knowledge
likely that
______
which will
a fact in issue."
the
assist
trial judge
the
the
expert
to
assess
possesses
trier better
to
113 S.Ct.
2786
599 (1st Cir. 1988) (noting that Rule 702 rulings invite a "case-
specific inquiry").
We find no error.
it assumption
an "involuntary servitude"
the
present case.
This
thesis obviously
focuses only
____
on the
for admission
whether
the
trier of fact
in issue .
. .
."
Fed. R. Evid.
702.
It is
determine a fact
one matter
to
Sri Lankan
United
jury.
nationals in the
It is quite another
982 F.2d
at 677, that
a somewhat
less
in assessing
generalist factfinder
uncommon phenomenon of
____________________
announced that
an objection
by either defendant
the
both.
e.g.,
____
claim for
See,
___
Sepulveda, 15
_________
would preserve
F.3d
at 1180
21
21
domestic
Id. at
___
783
generalized
nature of
the
sense inquiry").
proffered testimony
may temper
its
The
record
reflects that
the
trial judge
carefully
that she
of physical
power"
Based
abuse of a
relationships
non-sexual nature in
(e.g.,
____
battered
hundreds
of
victims of
sexual
so-called "unequal
spouses
and
children).
abuse,
Burgess testified
that
generally.
_________
likely"
to assist
evidence,
in
free to contradict
the jury in
that the
on this subject
matter
was "reasonably
understanding and
at
issue was
assessing the
highly
material,
____________________
12The
same:
to be
an expert on
the res-
abuse of
22
22
somewhat technical,
and beyond
the realm of
acquired knowledge
Finally, appellant
findings on
cites no
an expert to
testify to her
for the
empirical
ty suggests otherwise.
F.2d
848, 852
testimony by
(9th Cir.
1990) (upholding
child psychiatrist as to
Hadley, 918
______
admission of
expert
ly abused"),
Mizell,
______
902
F.2d 611,
Pierre,
______
trial
judge left
615 (7th
S.Ct. 486
Cir.
for doubting
v.
no room
(1992); Server
______
that the
jury remained
predicate assumption.13
13The
judge firmly
cautioned the
jury immediately
Burgess testified:
The witness
who is about to
testify is what
She does not know
Alzanki household.
She
of the
often
ways in which
examined,
witnesses are
expert witnesses
is that they are
certain assumptions . .
are
asked
. that have
. . . [I]f
23
23
before
Appellant next
in
admitting Gedara's
behavior
toward his
absolutely
testimony concerning
wife,
bars "other
Abair Alzanki,
acts"
at 775.
appellant's abusive
because Rule
evidence relevant
court erred
404(b)
only to
See Tuesta-Toro, 29
___ ___________
prove
F.3d
We disagree.
instigate
is
on
trial."
Tutiven, 40
_______
F.3d at
which he
(emphasis added).
By
pivotal element of
appel-
ness" of
Gedara's stated
fear that
she
would be
a target
States v.
______
Oreto, 37 F.3d
_____
victim's awareness
parties is
i.e., the
of defendant's
especially relevant
reasonableness of
fear) (citing
(1st Cir.
United States v.
_____________
1976),
cert.
____
against third
of the
basis for
denied, 431
______
an element
the stated
U.S.
See United
___ ______
1994) (evidence of
to
of
903
offense,
the victim's
452, 456-57
(1977)),
cert.
____
3.
3.
introduced evidence
of repressive Kuwaiti
deliberately
24
24
toward
domestic workers
among the
jurors.14
primarily
Since he
to inflame
asserted no
any ethnic
bias
contemporaneous ob-
oa, 976 F.2d 1446, 1455 (1st Cir. 1992), cert. denied, 113 S. Ct.
__
____ ______
1346
error).
the
and no plain
fundamental fairness
ings.'"
Tuesta-Toro,
___________
Carty, 993
_____
F.2d 1005,
and
29 F.3d
1012 n.9
basic integrity
at 775 (citing
of the
proceed-
United States
_____________
We
v.
find no
error.
argument
that
appellant's mere
status
______
as
a foreign
national
Further, at no point
relating to
v. Ovalle-Marquez,
______________
36 F.3d
or national origin.
212, 221-22
(1st
they "serve
of this type
has been
than to inflame"),
identification card
cert. denied,
____ ______
which evidence
at best,
F.2d 532,
see,
___
541-42
conclude that
____________________
14During
jury
impanelment,
the
trial
judge scrupulously
or national
origin of the
defendants would
capacity to
serve impartially.
Certain
affect the
juror's
25
25
"a person . . .
(D.C. Cir.
v. Doe, 903
___
defendants as
effect
United States
_____________
"Jamaicans" and
involved in drug
F.2d 16,
18
frequently referred to
to the
See,
___
e.g.,
____
evidence
Figueroa, 976
________
1455
(no plain
error where
bolstered
F.2d at
1584 prosecution.
credibility
certain admissions
of
important
by defendant,
government
witness
and
whose
First,
as a former
been placed
to Kuwaiti customs
952.
"reasonably" in fear
thereby.
See
___
evidence relating
to buttress the
that the
out alone.
warnings
punish
to her
26
26
appellant
played
on
Gedara's
isolation
and
vulnerabilities,
intent
______
servitude.
Indeed, appel-
the
growing up
not be convicted
treatment of Gedara
might be considered
criminal in other
cul-
tures.
4.
4.
Hearsay Testimony
Hearsay Testimony
_________________
testimony given
who
came to
by several
nurses and a
respiratory specialist
the Alzankis'
apartment to
care for
their ailing
after
contemporaneous
harsh conditions
apartment.
These
statements Gedara
and inhumane
made to
them concerning
hands
of the Alzankis.
The government
under
the
at the
their
(statements of
testimony
under Rule
803(3)
declarant's
On the
exhausted.
to allow more
27
27
the
declarant's
Fontenot,
________
state of
mind.
See,
___
431 (1994); United States v. Cohen, 631 F.2d 1223, 1225 (5th Cir.
_____________
_____
1980).
any
United States v.
_____________
the declarant
if (1)
offered
ment.
States v.
______
Arias-Santana, 964
_____________
United States
_____________
(1st Cir.
1992);
1989).
All
At
trial,
Gedara
testified
consistently
with
her
with
rights
to her
bidding
pers
Hollywood producer
to
"story,"
interested
that she
was
in
purchasing the
engaged in
film
Hollywood
drum up
publicity
for
28
28
her
"story," defense
counsel
government to respond
as it did
trial testi-
E.
E.
Finally,
sentence imposed
Act,
contends
restitutionary
Witness Protection
error because
that the
3663(b)(2)(A), constituted
Gedara for
Act, 29 U.S.C.
job
pursuant to
18 U.S.C.
reimbursed
not
appellant
it
she was
her
(6th
Cir. 1993);
and (3)
1023, 1026
psychological counseling
for chronic
U.S.C.
We decline
to address
appellant's
challenges to
the
restitutionary
below.
See
___
1991).15
sentence
since
United States v.
_____________
Appellant's
utter
these claims
failure to
were
never raised
50, 55 (1st
object
Cir.
disabled
the
____________________
it up to the Court to
__ __ __ ___ _____ __
the
with
29
29
impression
did he
Rather, he
that some
____
claims
in the
first
instance, and
concerns
the
case,
having
making the
restitutionary sentence
offset
from
did
For
predicate
example, as
not include
___
reimbursement
to
wages occasioned by
employment to obtain
that reimbursement
for Gedara's
assis-
problematic as a matter of
claim,
time on appeal,
tencing
tutionary sentence.
is
no answer at all.
Nor
R. Crim. P.
to the
did he
See Fed.
___
III
III
CONCLUSION
CONCLUSION
__________
Affirmed.
Affirmed.
________
____________________
30
30