Eslaminia was convicted in California state court in August, 1987, and sentenced to life imprisonment without possibility of parole. BBC's financial affairs deteriorated dramatically after the Levin murder. John H. Deist, Deputy Attorney General, San Francisco, California, for the respondent-appellee. Because the report was an almost exact duplicate of the properly admitted testimony, it could not have prejudiced the verdict. In fact, Eslaminia and Dosti traveled to Switzerland in an effort to withdraw money from an account in Hedayat's name. BBC lawyers obtained a court order to that effect, and with Eslaminia's help attempted over several months to locate and seize Hedayat's assets. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Although a prosecution witness at trial, Baniaman provided much testimony vital to the defense. Start-up funding was obtained by soliciting the members' various wealthy friends and relatives, and a portion was used to obtain elegant townhomes and imported cars for members' use. It is clear that the jury's consideration of the tape is a serious error of constitutional dimensions.1  Jury exposure to facts not in evidence deprives a defendant of the rights to confrontation, cross-examination and assistance of counsel embodied in the Sixth Amendment. Acting on that philosophy, BBC set out to generate income through various business ventures and investments. Here no such precise match between the extrinsic and admitted evidence exists. On collateral review, we must determine whether the constitutional error "had substantial and injurious effect or influence in determining the jury's verdict." Merely because some evidence lending credibility to this theory was properly introduced at trial does not mean that the specific, novel details provided by Ali should be considered harmless. . Hedayat Eslamina's Reputation Profile. The "get rich quick" … The jury obviously had doubts about either the prosecution's theory, Karny's testimony, or both. Before confirming, please ensure that you have thoroughly read and verified the judgment. After leading investigators to Hedayat's body, Karny was granted broad immunity. § 2253. As a result, he had no motive to kidnap, extort and murder him. Second, Ali told police that he was living in his car, subsisting by doing menial jobs and on handouts from friends. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Karny later testified that Eslaminia had claimed Hedayat had $30 million which he had brought from Iran. Ali was not. As a result of the details Karny thereafter provided about BBC activities, Eslaminia and Dosti were arrested and charged in connection with Hedayat's death. According to Karny, BBC members and Eslaminia traveled to Belmont, California, to kidnap Hedayat on July 30, 1984. Under these circumstances, Ali's comments can not be considered harmless, but must be viewed as having a "substantial and injurious effect or influence in determining the jury's verdict." Eslaminia also claims that the trial judge's suppression of three categories of potentially exculpatory evidence relevant to the jury's assessment of Karny's credibility deprived him of a fair trial. He also argues that the district court's decision to suppress potentially exculpatory evidence deprived him of a fair trial. The quantity of the extrinsic evidence and its incriminating character made it impossible for the reviewing court to determine the impact on jurors. The jury obviously had doubts about either the prosecution's theory, Karny's testimony, or both. Campbell v. Kincheloe, 829 F.2d 1453, 1457 (9th Cir.1987). Ali's interview had not been admitted into evidence, and Ali did not testify at trial. 617, 88 L.Ed.2d 598 (1986).By contrast, jury consideration of taped comments by a non-testifying party raises discrete evidentiary issues that the court may clearly identify and analyze, and is similar to other commonly-recognized trial errors. Ali expressed to the police that he thought his father would "probably yell and scream if they're trying to drag him off." Jeffries v. Wood, 114 F.3d 1484, 1491 (9th Cir. Karny was aware of the plot to kill Levin, and provided Hunt with an alibi for the night of the murder. The Exclusion of Possibly Exculpatory Evidence. As to the state's second argument, this court has recognized that a jury's consideration of extrinsic evidence may be harmless if the evidence is merely cumulative of other evidence adduced at trial. 69 people follow this. Da wollte er dazugehören. In case of any confusion, feel free to reach out to us.Leave your message here. 1239, 1253, 90 L.Ed. The tape, with the interview recorded on one side only, was admitted into evidence, and was physically taken by jurors into the jury room during deliberations. This case concerns the activities of a group of young men known as the "BBC," which has been popularized in the media and in film as the "Billionaire Boys Club." In the fall of 1984, several BBC members informed police that Hunt had murdered Levin. As such, Ali's remarks must be considered very prejudicial to the defense. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Ali told police he distrusted Baniaman, and that the Colonel had “ripped off” his father many times. Hedayat Hashemi Celebrity Profile - Check out the latest Hedayat Hashemi photo gallery, biography, pics, pictures, interviews, news, forums and blogs at Rotten Tomatoes! He claimed that he was shocked when Hunt informed him of Hedayat's death, and participated in the search for his father's assets only because Hunt threatened to kill him, his family and girlfriend if he did not cooperate. As Presiding Justice Kline of the California Court of Appeals observed in an unpublished opinion dissenting from that court's decision to deny Eslaminia's claim of prejudice, "[i]t is difficult to imagine any extra-judicial evidence that would not in some sense prove `cumulative' under . 1988). By impugning Baniaman's character and thus his credibility, Ali's comments may very well have caused the jury to doubt these important elements of Baniaman's testimony helpful to the defense. They also rented a "safe house" where Hedayat could be hidden, as well as a truck and delivery uniforms to be used in the abduction. Hunt and Karny were introduced to Eslaminia at a party on July 7, 1984. BAD 1 - 2 POOR 2 - 3 FAIR 3 - 4 GOOD 4 - 5. Review. Soon after the party, Hunt, Karny, Pittman and Dosti concocted a plan to extort money from Hedayat. However, no additional deposits were ever located. First, Ali referred to his cousin, who testified at trial, as a “good guy” and a “good businessman.”   Eslaminia argues that this supported the cousin's character and lent credence to his testimony. (this) definition.". . There the trial judge intentionally allowed 14 incriminating tapes containing conversations with the defendants themselves into the jury room. 480, 70 L.Ed.2d 251 (1981). We have jurisdiction under 28 U.S.C. Hunt reacted to this news by devising an elaborate scheme to extort money from and kill Levin. In sum, it is clear that the taped interview contained substantial material that strongly supported the prosecution and seriously undermined the defense. Then she was kidnapped by a beetle, then by a … Stay up-to-date with FindLaw's newsletter for legal professionals. Please log in or sign up for a free trial to access this feature. He doesn't get teary, man ․ Doesn't cry, he's not going to cry over something like my Dad especially, not that guy.”   Ali also accused Baniaman of lying about other matters related to Hedayat's disappearance. Acting as his own defense, Joe Hunt was acquitted in Hedayat Eslaminia's death, although he did receive life in prison without possibility of parole for Ron Levin's murder. Ali's comments directly impeach this crucial pillar of the defense, as they demonstrate that at least one close family member did believe that Hedayat had great hidden wealth, and reinforce the prosecution's contention, supported by Karny's testimony, that Eslaminia believed so as well. This directly contradicted Eslaminia's testimony, in which he told jurors that he did not know of his father's plans to flee Iran until he was actually on board the airplane, winging his way west. The exact cause of death remains unknown. Sharp suits. As a result, father and son were estranged. The Taped Interview of Eslaminia's Brother, B. In sum, it is clear that the taped interview contained substantial material that strongly supported the prosecution and seriously undermined the defense. Accordingly, we vacate the district court's denial of Eslaminia's petition and remand the case with instructions that he be given a new trial. Nevertheless, Eslaminia argues that this court's decision in United States v. Noushfar, 78 F.3d 1442 (9th Cir. As the foregoing discussion makes clear, the state's contention that Ali's comments were relatively innocuous and could not have been interpreted by the jury as either prejudicial to the defense or determinative of its verdict is without merit. Karny testified at trial that appellant was an active participant in the plan. We hold that the tape recording, which bore on the credibility of key witnesses, was prejudicial because in this case their credibility was the central issue. In a trial that, in essence, was a credibility contest between prosecution witnesses and Eslaminia, such impeachment may be decisively prejudicial.2. However, no additional deposits were ever located. In June, 1984, Hunt and another BBC member, Jim Pittman, killed Levin and disposed of his body in a remote area north of Los Angeles. For the foregoing reasons, we vacate the district court's denial of the writ of habeas corpus and remand with instructions to enter an order stating that Eslaminia is entitled to a new trial. Some of Ali's other remarks, while perhaps less prejudicial, nevertheless should be considered to have had a "substantial and injurious" effect. It is clear that the jury's consideration of the tape is a serious error of constitutional dimensions. Living and socialising in such an environment, it is not … Following the verdict, Eslaminia's lawyers learned that the jury had also listened to the reverse side of the tape, which contained comments made by Eslaminia's brother, Ali Eslaminia (“Ali”), also recorded during an interview with a police officer. Eslaminia argues that the jury's consideration of an audio tape containing a police interview of his brother — which was not admitted into evidence — had substantial influence on the jury's decision to convict. Dickson v. Sullivan, 849 F.2d 403, 406 (9th Cir. In the trial for the murder of Hedayat Eslaminia, Joe decided to represent himself. We reject this contention, instead evaluating the consideration of the extrinsic evidence under the harmless error standard applied to “trial errors.”   Structural errors are relatively rare, and consist of serious violations that taint the entire trial process, thereby rendering appellate review of the magnitude of the harm suffered by the defendant virtually impossible. Eslaminia claims this reflected poorly on his own character, portraying him as a callous person who would allow his own brother to go homeless while he indulged in a lavish life-style. Rather, he claimed that in fact he did not believe Hedayat had great wealth, and so had no motive to participate in the kidnapping scheme. While this may or may not be this case, we find the brief laudatory reference of little consequence, in that the cousin was a minor witness and testified to nothing of importance. As to the state's second argument, this court has recognized that a jury's consideration of extrinsic evidence may be harmless if the evidence is merely cumulative of other evidence adduced at trial. Eslaminia also claims that two other comments Ali made on the tape must be considered prejudicial. For instance, several witnesses testified that Eslaminia and Hedayat had a contentious relationship and fought over money, therefore supporting the prosecution's theory of motive. In June, 1984, Hunt and another BBC member, Jim Pittman, killed Levin and disposed of his body in a remote area north of Los Angeles. Karny testified at trial that appellant was an active participant in the plan. Under these circumstances, Ali's comments can not be considered harmless, but must be viewed as having a "substantial and injurious effect or influence in determining the jury's verdict." We reject this contention, instead evaluating the consideration of the extrinsic evidence under the harmless error standard applied to "trial errors." See Delaware v. Van Arsdall, 475 U.S. 673, 674, 106 S. Ct. 1431, 1433, 89 L.Ed.2d 674 (1986) (holding that restrictions on a defendant's right to cross examine witnesses for bias reviewed for harmless error); Brown v. United States, 411 U.S. 223, 231-32, 93 S. Ct. 1565, 1570, 36 L.Ed.2d 208 (1973) (harmless error analysis applies to the admission of an out-of-court statement by a non-testifying codefendant). According to Karny, BBC members and Eslaminia traveled to Belmont, California, to kidnap Hedayat on July 30, 1984. Acting on that philosophy, BBC set out to generate income through various business ventures and investments. 78 F.3d at 1444-45. According to Baniaman, the final time he received a call from Eslaminia was nearly a month prior to the kidnapping-before Eslaminia had even met Hunt or Karny at the BBC party. Instead, Ali was effectively allowed to "testify" to the jury in a completely unfiltered fashion, without the presence of the judge or counsel. At trial, the prosecution introduced a tape recording of an interview with Eslaminia, conducted by police. 128+5 sentence examples: 1. Hoorah! Second, Baniaman, who had an intimate knowledge of Hedayat's financial affairs, testified that Hedayat had limited wealth and no hidden assets, thus undermining the prosecution's assertion that Eslaminia was driven by greed to participate in his father's murder. Approximate Reputation Score. 234 Followers, 256 Following, 22 Posts - See Instagram photos and videos from Hedayat Hashemifar (@hedayat_na) We have jurisdiction under 28 U.S.C. Structural errors are relatively rare, and consist of serious violations that taint the entire trial process, thereby rendering appellate review of the magnitude of the harm suffered by the defendant virtually impossible. First, Baniaman contradicted the prosecution's theory that Eslaminia and Hedayat hated each other. In addition, during the taped interview Ali vehemently attacked the character of Colonel Aliakbar Baniaman, Hedayat's close friend, business associate, and prosecution witness. Such violations include the total deprivation of the right to counsel, Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. Hedayat Eslaminia, Rezas Vater, war iranischer Staatsbürger, dem die Vereinigten Staaten … In the present case, it is true that other evidence was introduced at trial that may be considered similar in content and tone to many of Ali's comments. change. Errors that do not have a "substantial and injurious effect" on the trial's outcome are deemed harmless. Brecht, 507 U.S. at 627, 113 S. Ct. at 1716. Hunt disposed of the body by dumping it outside Los Angeles and then attempted to salvage the plan to grab Hedayat's assets by having Eslaminia named conservator of the estate. Jury consideration of the report was deemed cumulative and harmless, however, because one witness' testimony was an “almost word for word verbatim” recital of the information in the police report. 78 F.3d at 1444-45. Zodiac sign: Capricorn. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. He also argues that the district court's decision to suppress potentially exculpatory evidence deprived him of a fair trial. Jury consideration of the report was deemed cumulative and harmless, however, because one witness' testimony was an "almost word for word verbatim" recital of the information in the police report. Reza ESLAMINIA, Petitioner-Appellant, v. Theo WHITE, Respondent-Appellee. In fact, Eslaminia and Dosti traveled to Switzerland in an effort to withdraw money from an account in Hedayat's name. According to Karny, the prosecution's primary witness, they approached Eslaminia with a plan to abduct his father, coerce him into transferring assets which would be disguised as the fruits of legitimate business transactions, and then kill him. As a threshold matter, Eslaminia claims that the jury's consideration of the tape is a “structural error,” requiring automatic reversal and a new trial. This directly contradicted Eslaminia's testimony, in which he told jurors that he did not know of his father's plans to flee Iran until he was actually on board the airplane, winging his way west. Citation. Noushfar, however, was a very different case than the present one. The group was formed in Los Angeles in 1982 by a youthful and charismatic accountant and commodities trader named Joe Hunt and several of his friends, including Dean Karny and Arben Dosti. Some of Ali's other remarks, while perhaps less prejudicial, nevertheless should be considered to have had a “substantial and injurious” effect. Jeffries v. Wood, 114 F.3d 1484, 1491 (9th Cir.1997), cert. The California Court of Appeals upheld the conviction, as did the district court, denying Eslaminia's petition for habeas corpus. 98 Cal. There the trial judge intentionally allowed 14 incriminating tapes containing conversations with the defendants themselves into the jury room. COUNSEL Daily Op. Google Chrome, It is unlikely, however, that the jury would draw such an attenuated inference on its own initiative. Eslaminia also denied Karny's version of the actual kidnapping, and insisted that he had not participated but had instead spent the weekend at his girlfriend's home. Rather, the first-person views and opinions of a close family member, a son of the victim, clearly constitute unique and unduplicated evidence. He testified that he believed the two had a fairly normal father-son relationship. denied, 118 S. Ct. 586 (1997), citing United States v. Bagley, 641 F.2d 1235, 1241 (9th Cir. About See All. Women Economic Forum (WEF) fosters conversations, community, connections and collaborations among women worldwide. This case concerns the activities of a group of young men known as the “BBC,” which has been popularized in the media and in film as the “Billionaire Boys Club.” The group was formed in Los Angeles in 1982 by a youthful and charismatic accountant and commodities trader named Joe Hunt and several of his friends, including Dean Karny and Arben Dosti. This supported Karny's trial testimony that he heard shrieks during Hedayat's abduction, and enhanced Karny's overall credibility. So too, Baniaman contradicted Karny's testimony that Eslaminia had given the Colonel opium in exchange for information about Hedayat's habits and travel plans that would facilitate the kidnapping. Thirty-five years after the club’s formation, there is much more to … Karny later testified that Eslaminia had claimed Hedayat had $30 million which he had brought from Iran. 1995) (material extrinsic evidence ruled not cumulative when evidence introduced at trial was far from conclusive). The email address cannot be subscribed. The Taped Interview of Eslaminia's Brother. The district court's decision to deny Eslaminia's petition for habeas corpus is reviewed de novo. The trunk was placed in a moving van and driven to Los Angeles. Reza Eslaminia war fasziniert vom Lifestyle der Yuppie-Bande. Eager to tap into these supposed family resources, the BBC set out to recruit Eslaminia to work on the group's projects. California state prisoner Reza Eslaminia appeals the denial of his petition for writ of habeas corpus under 28 U.S.C. Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — State Custody; Remedies In Federal Courts, Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Appeal. Bonin v. Calderon, 59 F.3d 815, 824 (9th Cir. United States Court of Appeals, Ninth Circuit. See also Lawson v. Borg, 60 F.3d 608, 613 (9th Cir. hedayat is a member of Vimeo, the home for high quality videos and the people who love them. The oldest recorded birth by the Social Security Administration for the name Hedayat is Tuesday, October 31st, 1922. An early BBC investor was Ron Levin, a southern California resident, who promised in July 1983 to advance several million dollars, to be invested by Hunt. 437, 71 L.Ed. 30 y.o. Karny, fearful that he would be implicated along with Hunt, contacted police and agreed to testify against the BBC leader and other members. 749 (1927);  and the unlawful exclusion of members of the defendant's race from a grand jury, Vasquez v. Hillery, 474 U.S. 254, 106 S.Ct. We hold that the tape recording, which bore on the credibility of key witnesses, was prejudicial because in this case their credibility was the central issue. Joe Hunt, a kid from a working-class family who had attended the city’s most prestigious prep school on a full scholarship, formed the "Billionaire Boys Club" investment group 35 years ago with some of his former classmates to show the team members’ wealthy parents that their sons could succeed on their own. Photos | Summary | Follow. Second, Baniaman, who had an intimate knowledge of Hedayat's financial affairs, testified that Hedayat had limited wealth and no hidden assets, thus undermining the prosecution's assertion that Eslaminia was driven by greed to participate in his father's murder. 1998) case opinion from the US Court of Appeals for the Ninth Circuit Rather, he claimed that in fact he did not believe Hedayat had great wealth, and so had no motive to participate in the kidnapping scheme. As a result, he had no motive to kidnap, extort and murder him. So too, while the taped comments do seriously impact Eslamania's credibility, they are not directly incriminating. He claimed that he was shocked when Hunt informed him of Hedayat's death, and participated in the search for his father's assets only because Hunt threatened to … Get 1 point on providing a valid sentiment to this The California Court of Appeals upheld the conviction, as did the district court, denying Eslaminia's petition for habeas corpus. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Somewhere in route, Hedayat died. Ali was not. For instance, Ali may be heard on the tape telling police that he “always thought” Hedayat “had a lot of money ․ put away somewhere.”   He also noted that title to property Hedayat owned in Iran was placed in the names of Ali and his other brothers, but that Eslaminia had been excluded from ownership. The prosecution case was far from overwhelming, as evidenced by the fact that the jury took 10 days to deliberate, repeatedly questioned the trial judge about the law and requested the rereading of testimony, and ultimately acquitted Eslaminia on the charge of conspiracy to murder and the lesser offense of solicitation of another to commit the crime of kidnapping. However, a few months later, Levin admitted that his business dealings with BBC were fraudulent and the millions illusory. In a trial that, in essence, was a credibility contest between prosecution witnesses and Eslaminia, such impeachment may be decisively prejudicial. The girlfriend then told her encounter with Reza to the police who told the FBI. As a result of the details Karny thereafter provided about BBC activities, Eslaminia and Dosti were arrested and charged in connection with Hedayat's death. He claimed that he was shocked when Hunt informed him of Hedayat's death, and participated in the search for his father's assets only because Hunt threatened to …
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