United States v. Lopez Case Brief Summary | Law Case Explained

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United States v. Lopez | 662 F. Supp. 1083 (1987)

A daring helicopter escape from prison posed thorny questions about aider and abettor liability in United States versus Lopez.

After disappearing from federal custody, Ronald McIntosh landed a helicopter in the prison recreation yard where his girlfriend, Samantha Lopez, was being held. Ten days after their blockbuster-worthy getaway, the star-crossed pair was arrested while buying wedding rings in a mall. Both McIntosh and Lopez were charged with escape from federal custody. McIntosh was also charged with aiding and abetting Lopez’s escape.

McIntosh and Lopez both argued a defense of necessity or duress. In other words, both claimed that they faced imminent death or serious bodily harm if they had remained in federal prison. McIntosh also requested a jury instruction that, if Lopez’s defense of necessity or duress succeeded, then McIntosh couldn’t be liable for aiding and abetting Lopez’s escape. The government moved to preclude McIntosh and Lopez from making these arguments to the jury.

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