United States of America v. MUNTU AKILI aka DARIN A. AUSTIN aka DARNELL WIGGINS Muntu Akili

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 01-4413
UNITED STATES OF AMERICA
v.
MUNTU AKILI
aka
DARIN A. AUSTIN
aka
DARNELL WIGGINS
Muntu Akili,
Appellant
Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Criminal No. 01-cr-00002E)
District Court Judge: Honorable Maurice B. Cohill, Jr.
Submitted Pursuant to Third Circuit LAR 34.1(a)
on December 17, 2002
Before: SLOVITER, RENDELL and GREENBERG, Circuit Judges
(Filed: December 18, 2002)
OPINION OF THE COURT
RENDELL, Circuit Judge.

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In a pro se brief, Muntu Akili appeals his conviction for assault with a dangerous
weapon with intent to do bodily harm and assault resulting in serious bodily injury.
Specifically, he appeals the District Court’s admission into evidence of a videotape of the
crime scene, claiming it was unfairly prejudicial under Federal Rule of Evidence 403. We
find that the District Court did not abuse its discretion in admitting the tape, and
furthermore, that even if the admission were error, the error was harmless in light of the
overwhelming evidence of Akili’s guilt.
The District Court had jurisdiction under 18 U.S.C. §3231 (2001), and we exercise
jurisdiction pursuant to 28 U.S.C. §1291 (2002). We review the District Court’s decision
to admit the videotape for abuse of discretion. Government of the Virgin Islands v. Albert,
231 F.3d 344, 347 (3d Cir. 2001). We will not overturn that decision unless it was
arbitrary or irrational. Id.
Akili was convicted of assault on Frank Garner, one of Akili’s cell-mates at the
McKean Federal Correctional Institution. According to testimony at trial, Akili attacked
Garner with a hot water plumbing fixture from a drinking fountain. Garner received
extensive injuries to his head and face. A videotape was made immediately after
corrections officers arrived at the crime scene. The tape is approximately five minutes in
length and depicts the cell and the drinking fountain area. The tape also shows some blood
on the pillow where Garner was sleeping when attacked. Neither Garner nor Akili appears
on the tape, and the audio commentary of the officers making the tape was turned off when

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it was shown during the trial.
We find that the District Court did not abuse its discretion in admitting the tape.
Rule 403 allows the District Court to exclude relevant evidence whose probative value is
substantially outweighed by the danger of unfair prejudice. After viewing the tape, the
Court found that it was probative regarding the seriousness of Garner’s injuries and not
exceedingly inflammatory in light of Albert, in which we affirmed the District Court’s
admission of a videotape that depicted a bloody crime scene and the victim’s gruesome
injuries. Albert, 241 F.3d at 349. This decision was neither arbitrary nor irrational.
Additionally, even if admission of the tape were error, there is such overwhelming
evidence of Akili’s guilt, including the testimony of Garner and the eye-witness account of
Corrections Officer Pam Garcia, that any error was harmless. See United States v. Pavelko,
992 F.2d 32, 35 (3d Cir. 1993).
Accordingly, we will affirm Akili’s conviction.
_________________________

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TO THE CLERK OF COURT:
Please file the foregoing opinion.
/s/ Marjorie O. Rendell
Circuit Judge

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