Schmitt's First NationsBank Robbery
Clifford Sauer was a roofer who had previously employed Schmitt. After the January 19, 1990 robbery, Schmitt contacted Sauer for his assistance in purchasing a car. Sauer brokered the deal for the car and received a fee from Schmitt for his assistance. Sauer did not then know that Schmitt had robbed a bank but he was suspicious of Schmitt's spending habits and after some prodding Schmitt told Sauer that he had robbed a bank. Schmitt then tried to purchase a gun from Sauer and Sauer refused. He asked Sauer if he wanted to drive for another bank robbery and Sauer declined. Schmitt then told Sauer that if “you breathe one word of this to anyone *** I'm going to have to kill you or my friends will have to kill you.”
On January 30 Schmitt was arrested for obstruction of justice related to a hotel disturbance in which he was involved. Schmitt told police that his name was James Comer. A few hours later Sauer received a telephone call from an employee of the Henrico County Jail asking whether he knew James Comer. Sauer responded in the affirmative. The next voice Sauer heard was that of Schmitt who told Sauer to contact Kenny Lockner, collect some money, and take it to the Henrico County Jail to bail out James Comer. After the bail was provided Schmitt was released from custody. Sauer did not realize that he was actually posting bail for Schmitt instead of Comer until he saw Schmitt walk out of the jail after the bail had been paid.
On February 5 Detective William George and other officers arrived at Sauer's residence in the City of Richmond, Virginia. George told Sauer that they were looking for Schmitt in connection with a bank robbery. Sauer gave the officers permission to search his home and answered their questions. The search lasted only about 15 minutes but before leaving, George left Sauer with his card and requested permission to interview Sauer at a later date.
On February 7 George and Detective Easton conducted a one-hour long interview with Sauer in his home, a large portion of which was taped and transcribed. Sauer volunteered information regarding: Schmitt's purchase of the car; his efforts to recruit Sauer as a driver; his attempt to purchase Sauer's gun; his plans to kill Joanna Murphy, one of Schmitt's friends; and individuals who might lead police to Schmitt.
Shortly after Dunning’s murder Sauer told George he had seen news of the murder and believed that Schmitt was the perpetrator. George went to Sauer's house whereupon Sauer provided him with information that led to Schmitt's girlfriend and eventually led to locating Schmitt in Williamsburg.
Sometime shortly before March 12 Sauer told George that Schmitt had been calling him from jail. George asked Sauer to tape any future telephone calls from Schmitt and Sauer agreed.
George then talked with Chief Deputy Commonwealth Attorney, Warren Von Schuch, who told George that Sauer could record calls but could not ask questions. Von Schuch instructed George to provide Sauer with a tape recorder for Sauer's phone. Later that day George delivered the recording device to Sauer telling him the only question left unanswered was the origin of the handgun used in the second robbery. On March 12 Schmitt called Sauer from jail. During their conversation Sauer elicited from Schmitt information about the gun, the robbery, and the murder.
Between Christmas and New Years, Von Schuch provided Schmitt’s counsel with a transcript of the March 12 Schmitt/Sauer tape-recorded conversation. Therein Schmitt admitted robbing the bank and shooting Dunning insisting that his gun discharged accidentally during the course of a struggle. Schmitt also chuckled under his breath when he explained how Dunning’s “eyes got real big” when he pointed the gun at him.
At trial the prosecution introduced the Schmitt/Sauer tape during the sentencing phase, and while counsel objected that it constituted a violation of Schmitt's Fifth Amendment and Sixth Amendment rights because, “Sauer is clearly acting at the behest of *** and as an agent of the police,” the trial court overruled Schmitt's motion without explaining the basis for its ruling and allowed the tape to be played to the jury and Sauer to testify on behalf of the prosecution.
Read more about this topic: John Yancey Schmitt