Court Affirms Denial of Defendant's Motion to Suppress Statement Made to Cell Mate

U.S. v. Alexander, -- F.3d --, 2006 WL 1314663 (10th Cir. 5/15/06) - the district court properly denied inmate's motion to suppress the statement he gave to the FBI re: prison assault. Another inmate, who the court finds was not acting as an agent of the FBI and did not employ coercive tactics, persuaded Alexander to confess after they were placed in adjoining cells for that purpose. It is OK to instruct the jury on aiding and abetting even if it is not charged in the indictment. Because the instruction did not introduce facts which increased the maximum penalty for the crime charged, there was no constructive amendment of the indictment. And there was sufficient evidence of serious bodily injury to support the verdict.