395 U.S. 250 (1969)
Four men, including petitioner Harrington, a Caucasian, and three codefendants Bosby, Rhone, and Cooper, who were Negroes, were tried together in a California state court for attempted robbery and first-degree murder, despite Harrington's request for a separate trial.1 All four were found to have participated in an attempted robbery during which a store employee was killed, and each was convicted of felony murder and sentenced to life imprisonment.2
At the joint trial, the confessions of Bosby, Rhone, and Cooper were introduced into evidence, accompanied by instructions directing the jury to consider each confession solely against the individual who made it.3 Rhone testified at trial and was cross-examined by Harrington's counsel, but Bosby and Cooper did not take the stand.4
Harrington himself made statements placing him at the scene of the crime, admitting that Bosby was the trigger man, that he fled with the others, and that afterward he dyed his hair black and shaved off his moustache.5 Several eyewitnesses identified Harrington as present at the crime scene, although two had initially told police that four Negroes had committed the offense.6
Rhone's confession specifically placed Harrington inside the store holding a gun during the attempted robbery and murder.7 In contrast, the confessions of Cooper and Bosby referred to Harrington only as "the white boy," "this white guy," or "the Patty," describing his age, height, and weight, and stated that they did not see the white guy with a gun.8
The California Court of Appeal affirmed the convictions in 256 Cal. App. 2d 209, 64 Cal. Rptr. 159.9 The California Supreme Court denied a petition for hearing.10 The United States Supreme Court granted certiorari to review the matter.11
Whether the violation of Bruton was on these special facts harmless error under Chapman?12
In Chapman v. California, the Court held that before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.13 Although there are some constitutional rights so basic to a fair trial that their infraction can never be treated as harmless error, not all trial errors which violate the Constitution automatically call for reversal.14 The Confrontation Clause is applicable in state trials by reason of the Due Process Clause of the Fourteenth Amendment.15 Therefore, the rule of Bruton applies here.16
Yes. Rhone's confession which Harrington's counsel cross-examined placed Harrington inside the store with a gun at the time of the attempted robbery and murder.17 Harrington himself admitted he was at the scene, fled with the others, and later altered his appearance.18 Eyewitnesses placed him at the crime scene and the confessions of Bosby and Cooper were merely cumulative on the question of presence without adding evidence that Harrington carried a gun.19
The remaining evidence against Harrington was therefore overwhelming, so the Bruton violation was harmless beyond a reasonable doubt.20
The violation of Bruton was harmless error under Chapman on these special facts.21
Related opinions on this issue
Justice Brennan dissented on the ground that the majority effectively overrules Chapman by shifting focus from whether the constitutional error contributed to the conviction to whether untainted evidence is overwhelming.22 He observed that the victims' testimony was weakened by their prior statements that all participants were Negroes.23 Rhone's testimony against Harrington was self-serving because at the time of his arrest, Rhone was found in possession of a gun and he explained that he was given the gun by Harrington after the attempted robbery, and that Harrington had carried the gun during the commission of the robbery.24
Thus, the additional confessions of Bosby and Cooper might have tipped the balance in the jurors' minds in favor of conviction.25 Brennan concluded that the State had not carried its burden of demonstrating beyond a reasonable doubt that these two confessions did not contribute to Harrington's conviction.26