In this case, the government charged Moore and Latham only under the travel prong of 1958(a). Latham said her youngest daughter has to go to school with police protection and her eldest was asked to leave her first year of college because the school didn't feel equipped to protect her. A week after the June 2021 slayings, as investigators hunted for the shooter, Murdaugh paid an early morning visit to his parents house, stashing a blue raincoat that was coated in gunshot residue, Waters said. Or, alternatively, a defendant may be convicted under the facilities prong if he or she uses or causes another to use the mail or any facility of interstate or foreign commerce. 18 U.S.C. Now, they just had to bring Chris Latham in. at 51516. His arrest marks a stunning reversal of fortune for a man who recently commanded a $683,000 annual salary as an executive for Bank of America. Nonetheless, since a hunt of his vehicle yielded a weapon, he was captured and arrested, where he uncovered current realities of the plot and drove authorities to the hit parcel he had gotten. Couple find note in chimney that reveals their 290,000 house was 100 times cheaper 50 years ago. Investigators determined that the envelope contained a hit packet with information related to the plot to murder Nancy Cannon, including printed maps with handwritten notes; personal information about Cannon, her family, her schedule, her vehicle, and her daily routine; and photographs of Cannon, her residence, and one of her daughters. J.A. Moore and Latham were tried before a jury in the District of South Carolina in February of 2014.1 The jury convicted Moore on all four counts against her. (CBS) CHARLESTON, S.C. - Chris Latham, a former Bank of America executive, was arrested last week after authorities say he plotted with others to kill his estranged wife, Nancy Latham, CBS. Beloved wife of Charles Gene Latham; dear mother of Gregory (Nancy) Latham, Nancy Latham and Jackie (Steve) Hoener; loving grandmother of Valerie Tosto, Amanda, Eva, Maria, Alexander and. The would-be killers bought disposable cellphones so their communications couldnt be traced and then traveled to the Lowcountry, where they met with Moore to collect a $5,000 downpayment and receive a hit package full of photographs, maps, schedules and other information on Nancy Latham and her family, Boykin said. Yelverton said Chris Latham and his spokesmen had re-victimized Nancy Latham with their statements that now fall flat in the wake of his arrest. It was that stop that led to the discovery that Nancy was on a killers radar. "It was shocking, the lengths that they were willing to go to, to get rid of me," Nancy said. Butand here is where the question in this case arisesas it went on to describe 1958(a), the court made two references to the uncharged facilities prong. For an optimal experience visit our site on another browser. Viewed in the light most favorable to the government, see United States v. Lentz, 524 F.3d 501, 507 (4th Cir.2008), the evidence at trial established the following. IE 11 is not supported. "[It's] kind of a family tradition for us to do on our birthdays. But we are sure that it is not available and his spouses name is not available. And I said 'Yeah he is,'" said Boykin. Nancy Latham learned that her hunch about Chris Latham was spot on. Accordingly, we hold that the jury instructions did not constructively amend the indictment in this case. My husband makes a great deal of money and he has a lot of influence in the community, and he stands to lose a lot if I speak out at my divorce, she said. Nancy Latham and her daughters kept a low profile after police alerted them about the alleged plot. From a financial standpoint, eliminating her would have saved the former banker hundreds of thousands of dollars in legal fees spent on their contentious divorce proceedings and ongoing alimony fight, Nancy stated. Murder-for-hire target Nancy Latham broke her silence Wednesday, saying she and her daughters live in constant fear for their lives, subject to police protection and afraid to even venture to the grocery store. J.A. Prosecutors say Chris Latham gave his accomplices a $5,000 down payment and package that included photos of his wife and her schedule. Indeed, the term facilities of interstate commerce was never defined for the jury, and the government never suggested that mere use of technology, independent of its effect on interstate travel, was a basis for convicting the appellants. [A] statement made by an unavailable declarant is admissible if it is one that a reasonable person in the declarant's position would have made only if the person believed it to be true because it had so great a tendency to expose the declarant to civil or criminal liability. United States v. Dargan, 738 F.3d 643, 649 (4th Cir.2013) (quoting Fed.R.Evid. CNN, August 13 - Nancy Latham joined New Day with her daughter Emily and attorney Matthew Yelverton to discuss her estranged husband's alleged murder-for-hir. "Aaron Wilkinson had the opportunity to take a plea for the gun and keep his mouth shut," Cannon said. Just Friday @dateline_keith and Sunday @dateline_keith thinking it's going to be a very Morrison Mystery #Dateline weekend pic.twitter.com/qfKXLO4HqF, Dateline NBC (@DatelineNBC) May 25, 2017. In a previous Inquisitr article about Nancy Latham, their marriage was described as one that should have lasted a lifetime. Cops say he supplied the torn family photo of Nancy and daughter Madison, and a snapshot of Nancy's car taken with his cellphone. Yenawine was back in Kentucky at that point and was arrested later. A week after the June 2021 slayings, as investigators hunted for the shooter, Murdaugh paid an early morning visit to his parents house, stashing a blue raincoat that was coated in gunshot residue, Waters said. "On the other two charges, it was a little surprising. Wendy Moore - Executive assistant to Chris Latham. 'It's not by any means celebratory,' a somber Mrs Latham told the station WCNC. Investigators later linked the contents of the hit packet to appellants Latham and Moore. Ad Choices. Aaron Wilkinson A visitor from out of town. That ex-husband was none other than Sam Yenawine, one of the hired hit men. [Featured Image by Sara Kendall/Shutterstock]. Wilkinson observed Yenawine meet with Moore a second time in a different location, returning this time with a manila envelope. Chris Latham, 50, pleaded not guilty to conspiracy charges in federal court Wednesday, one day after he was arrested while on vacation in Salem, S.C. Nancy Latham says she's relieved her husband is in jail, but the entire ordeal has been draining on the family. It's not by any means celebratory, and its certainly not celebratory for my children. Low 63F. Aaron Wilkinson -. Nor did Murdaugh appear to be covered in blood, though he had told dispatchers he had touched Maggie and Paul Murdaughs bodies while checking for signs of life, those officers continued. They said OK. Nancy Latham suspected that her husband was having an affair, and she was correct. Meet the people featured in Murder & Magnolias, Dateline's new original podcast series. "But I was grateful for the deliberation and certainly was pleased that at least they did say that he was involved in some capacity.". Chris Latham was given 10 years and Wendy Moore was sentenced to 15 years. at 44. Moore rented a room for Yenawine and Wilkinson, and Yenawine returned from the meeting with $5,000 cash and other items. All rights reserved. The court provided a written copy of its accurate summary of the indictment to the jurors, as well as a verdict form that correctly set forth the charges in the indictment. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. I have looked forward to truth being known, she said. She was 59 years old. Yenawine committed suicide while being held in the Georgetown County Jail in June. The only person who came to mind was her husband, Chris Latham. An impermissible constructive amendmentalso referred to as a fatal varianceoccurs when the government, usually through its presentation of evidence or argument, or the district court, usually through its jury instructions, broadens the possible bases for conviction beyond those presented by the grand jury. Floresca, 38 F.3d at 710; see also United States v. Randall, 171 F.3d 195, 203 (4th Cir.1999). Copyright 2023 The Inquisitr. When her husband walked into the room Wednesday in a blue fishing T-shirt and faded jeans, it reminded Nancy Latham of the casual wear he favored during a family vacation to a lake house a couple of years back. Please take care of my kids and keep them safe, she said, her voice cracking. Last Month, the estranged wife said in an affidavit that she suspected her husband of being part of the murder-for-hire plot. Winds light and variable. Handwriting analysis revealed that notes on some of the materials were written by Moore. Charleston, SC 29403, News tips/online questions: newstips@postandcourier.com, Delivery/subscription questions: subserve@postandcourier.com, var html = new Date().getFullYear(); Divorce by death didn't seem to fit Chris's profile: A well-respected, well-paid bank executive. Turn on desktop notifications for breaking stories about interest? Immediate Family: Daughter of John W Latham and Elizabeth "Lettie" Latham. Natalie Caula contributed to this report. Meet the people in Dateline NBC's Murder & Magnolias podcast. They took off. 24/7 coverage of breaking news and live events. Reach Glenn Smith at 937-5556 or Twitter.com/glennsmith5. He sought a protective order against his estranged wife, claiming she and her half-brother, a convicted triple-murderer, wished to harm him. Wilkinson explained to the police that a few days before the April 5 stop, Yenawine had suggested to him that they travel together from Louisville, Kentucky to Nashville, Tennessee to buy drugs. And there were even reports she used to live in what amounted to a sex studio with her ex-husband. Moreover, she was backed by the fact that he had a live-in girlfriend, 37-year-old Wendy Moore, a former exotic dancer turned his personal assistant. "We had a victim that we didn't know her whereabouts that we needed to make sure and find and secure that she was safe," said Boykin. LATHAM Nancy, of Middleboro, died Wednesday, Aug. 1, at Morton Hospital. Please try again. The plot came to light in April after Wilkinson was stopped by Charleston police while looking to buy heroin on the East Side. Moore and Latham's suggestion that the admission of Yenawine's statements implicated the Sixth Amendment is likewise without merit. and one of her daughters. "I absolutely 100% believe that Sammy Yenawine, if he realized that Aaron was not going to go through with it, that Sammy would have made his way back to Charleston and finished the job that he was paid to do," said Cannon. See Fed.R.Evid. Prosecutors said Moore contacted Yenawine about the contract on Nancy Latham, who in turn hired Wilkinson to 'watch his back. The planned murder had not yet occurred. Our normal has to be rediscovered.. And they said Do you know of anyone that would want to kill you?. If notif a reasonable jury, in light of the full context, would not have thought that it was permitted to convict on a ground not included in the indictmentthen no constructive amendment has occurred. Alex Murdaugh wasnt crying when officers arrived at his Colleton County hunting property on the June 2021 evening his wife and son were shot to death, first responders testified on Jan. 26 in his murder trial. Charleston, SC 29403, News tips/online questions: newstips@postandcourier.com, Delivery/subscription questions: subserve@postandcourier.com, var html = new Date().getFullYear(); But who would want Nancy Latham dead, and didn't care if her beautiful daughters got in the way? In partnership with Wilkinson also asked if Yenawine wanted his gun back after the deed was done and whether tossing it in a body of water might be better, Boykin said. The Fifth Amendment of the United States Constitution provides that [n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury. And it is the exclusive province of the grand jury to alter or broaden the charges set out in an indictment. "He said, 'Well, he's dead.' As she has done in a civil lawsuit against her estranged husband, she accused him of being involved in the plot to kill her. Nancy Cannon said she plans to plead to the judge to give her ex-husband the maximum sentence. Nancy was a devoted and caring reading teacher in the Locust Elementary School, Garden City, LI. Indeed, she was the one whod made that stride because of his various undertakings, and surprisingly his endeavor to change the account by petitioning for a controlling request, guaranteeing that she needed to hurt him, didnt discourage her. , Post and Courier, an Evening Post Publishing Newspaper Group. She was the former wife of Thomas W. Latham. "Truly, if it was about just my demise, they would have cut Madison's picture out as well. Also, we have no information about his son and daughter. We are no longer accepting comments on this article. Yenawine responded, Yes, it will make it look better, Boykin said. After Yenawine was arrested in April of 2013, Tudor and Yenawine became cellmates and friends in jail. Former bank executive Chris Latham was found guilty Wednesday night of using interstate commerce for murder for hire. Born Feb. 27, 1944, in Fort Wayne, she was a daughter of the late William and Margaret (nee Dague) Russell. Latham, also a state lottery official, told the judge the plot to kill her stemmed from her pending divorce from Chris Latham, a Bank of America executive. Moore is accused of hiring Yenawine to do the job, and he, in turn, contracted Wilkinson's services to watch his back, Senior Agent Joseph Boykin of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has testified. The Estimated Net worth is $80K USD $85k. Madison answered the door and ran upstairs and said the police are at the door. "They were all caught up and passionate about each other.". By the by, having been released from government confinement, maybe the two criminals are currently under their three-year directed delivery period. Paul Murdaugh had been calling and texting his friend on the evening of June 7, 2021, when suddenly the youngest of Alex Murdaughs sons stopped responding. 373 and 1958, and both appellants were charged in Count Four with illegal firearm possession under 18 U.S.C. They try every day to find something to be grateful and joyful about and they listen to people talk about life returning to normal one day. Cloth dolls by renowned artist Nancy Latham. Nancy Latham said Moore is the only one of the four she has met, and that was just in passing at a court disposition one day. "The hit package was invaluable but starting to tie in these players with direct evidence of their participation was equally important.". While Samuel Sammy Yenawine, anticipating preliminary, serious self destruction in the Georgetown County Jail in June 2013, Aaron Wilkinson just got four years in a correctional facility on account of his collaboration. Cops are stumped, until they ask Nancy herself, and she lets them in on a little secret. Sign up to receive breaking True Crime Daily news, exclusive stories and behind-the-scenes info. The Lathams had accused each other of adultery and other misbehavior, but their already contentious divorce reached a whole new level in April when the alleged murder-for-hire plot was exposed. We acknowledge that in some cases, instructing a jury on the facilities prong when it is not charged in an indictment could constitute a constructive amendment. Responding officers allegedly discovered a gun and a box of ammunition in the car, at which point Wilkinson came clean about the plan to kill Nancy Latham. Read moreWith jury selection complete, Alex Murdaugh's murder trial officially begins, The Post and Courier People may receive compensation for some links to products and services on this website. On Dateline NBC, Nancy Latham will describe the moment Charleston, South Carolina, investigators informed her that someone was planning to kill her. Nancy Latham said that when the alleged plot has been. Section 1958(a), the Government must prove a defendant, one, traveled or caused another to travel in interstate commerce [or] use[d], or cause[d] another person to use the mail or any facility in interstate commerce; second, with the intent that a murder be committed; third, as consideration for the receipt or promise to pay anything of pecuniary value. Latham and Moore again urge that the district court constructively amended Counts One and Three of the indictment against them by adverting to the facilities prong of 1958(a) in its instructions. Also charged in the plot is Yenawines ex-wife, 37-year-old Wendy Annette Moore, who is Chris Lathams girlfriend and assistant at the bank, authorities said in court. 804(b)(3)(A)). Archive. Latham was the target of a murder for hire plot according to an affidavit filed in federal court on Monday April 8, 2013. Read moreLaw enforcement officers testify. Wilkinson testified for the prosecution in exchange for a lighter sentence. Daughter. Nancy Latham wasnt swayed, pleading with Marchant to keep Yenawine behind bars for the safety of her daughters, if not her. The alleged plot came to light after Wilkinson was stopped by Charleston police while looking to buy heroin on the East Side. Historical records and family trees related to Nancy Latham. J.A. Likewise, Count Three charged that the appellants, as principals, aiders and abettors, and as co-participants in jointly undertaken criminal activity, unlawfully and willfully traveled in and caused another to travel in interstate and foreign commerce, to wit, travel between Kentucky and South Carolina, with intent that a murder be committed for compensation. And how involved was he? And the government's evidence suggested that Latham and his parents had provided funds to pay Moore's lawyers, and that Moore and her parents had provided funds to pay Yenawine's lawyer. He said Yenawine responded with: Yeah, why wouldnt you do that?. 1958(a). Wilkinson has pleaded not guilty to four charges, including two counts involving conspiracy to commit murder for hire, WCIV reported. 167071 (emphasis added); see also J.A. I happen to be taking my bath. Moore and Latham's first contention is that their Fifth Amendment right to indictment by a grand jury was violated when the district court, through its instructions to the jury, constructively amended Counts One and Three of the indictment against them. Interestingly, Chris was just indicted on the single count of utilization of highway offices in the commission of homicide for-recruit. She was the former wife of Thomas W. Latham. We find no fault with the district court's evidentiary rulings. He also accused her of fabricating the allegations against him and getting him fired from his lucrative job as an executive at Bank of America. "It has to be heartbreaking for them, and if it's heartbreaking for them it's heartbreaking for me.". Investigators also uncovered independent evidenceincluding cell phone tower evidence and bank recordsthat further corroborated Wilkinson's story. Of particular importance here, when a constructive amendment claim rests on allegedly erroneous jury instructions, a reviewing court is to consider the totality of the circumstancesincluding not only the instructions and the indictment but also the arguments of the parties and the evidence presented at trialto determine whether a jury could have reasonably interpreted the challenged instructions as license to convict on an unindicted charge. When at last inquired as to whether she knew about any individual who might need her dead, the main individual that rung a bell was her alienated spouse, so that is the name she gave. Nancy Latham Mother of two, married to Chris Latham. In June, Mr Latham said in an affidavit that his wife has been on a mission to destroy him and ruin his career, leaving him without a job, without money and without any prospects of employment. On August 6, 2013, a grand jury returned a superseding indictment against appellants Moore and Latham, as well as Wilkinson and Palmer. The court's opening instructions to the jury described only travel. "But once he was going to maybe write him a ticket, Aaron started telling him about a plot he knew about a murder for hire, and the officer quickly realized he should search the car, and when the officer found the gun inside the car, he then arrested Aaron Wilkinson," said Assistant U.S. Attorney Nathan Williams. Cloth dolls by renowned artist Nancy Latham. The comments below have not been moderated. Brought down, some say, by a pair of heels. We sit in the house with the lights out and we stay away from the windows, with cameras surrounding us, she said. "So some of the things Aaron Wilkinson was saying were checking out and then the next step was really getting the details about who was involved," said Williams. Nancy denied her better half's charges nearly when he made them before that year and kept up with that position all through the contentious official procedures too. 1958(a) enumerates two distinct and alternative jurisdictional elements, or links to interstate commerce. And once Wilkinson was in custody, did he have a story to tell. https://www.facebook.com/southstrandnews/posts/10151538741350892. According to reports, during that call, the last option proclaimed that they were to take out any individual who held them up, regardless of whether they were Nancys youngsters, driving the criminal investigators to hurry and take them to security. Inside Frogmore Cottage: Plush home Harry and Meghan have been 'evicted' from by King Charles boasts a roomy Sussexes' cheerleader Omid Scobie says Frogmore Cottage was Harry and Meghan's 'one remaining space in UK' A royal princess at Eton? Yenawine hanged himself June 25 inside his cell at the Georgetown County jail. The statement must be supported by corroborating circumstances that clearly indicate its trustworthiness. Fed.R.Evid. So even assuming, arguendo, the existence of plain error, we could not find the serious[ ][e]ffect[ ] on the fairness, integrity, or public reputation of judicial proceedings required for reversal under plain error review. But Marchant sided with Latham and federal prosecutors, opting to keep him behind bars until trial. Nancy Latham denies her husband's accusations and says she's confident prosecutors have a strong case against him. document.getElementById("demo").innerHTML = "© " + html; But as the years passed, their love waned, and soon Chris Latham began a torrid affair with his personal assistant. Nancy and her daughters are rushed to a safe house, but the mother of two is on pins and needles. In fact, authorities learn it was Wendy who actually delivered the hit packet and a wad of cash to the hotel in Charleston where the triggermen were staying. That's where he is. After his arrest, Wilkinson agreed to call Yenawine and discuss the plot while investigators listened in, Boykin said. Listen carefully, because feds say it reveals one of the most chilling aspects of this crime. Chris Latham was also convicted, and was sentenced to 10 years in federal prison. On Dateline NBC, Nancy Latham will describe the moment Charleston, South Carolina, investigators informed her that someone was planning to kill her. The talk grew louder after Nancy Latham filed a civil lawsuit against her husband and the jailed suspects, accusing Chris Latham of being an active participant in the scheme. However, Chris Latham was plotting more than just a romp in the sack with his new and much younger lover; he planned for Nancy to be out of his life for good, and as far as he was concerned, his daughters should die, too, if they got in the way. The case was most recently profiled on Investigation Discovery Channels Forbidden: Dying For Love and Crime Watch Daily. Clients don't benefit from peacocks preening and blowhards bloviating. So presently, assuming that you wish to know the fundamental subtleties of this case including the job of a legitimate partition, the alleged casualty, and her culprits alongside its consequence, we take care of you. And it was the four of us sitting together. Do Not Sell or Share My Personal Information. * Footer. Latham was sentenced to 120 months in prison, and Moore was sentenced to 180 months. Since she actually would not offer her new accomplices whereabouts or job, however, Nancy willingly volunteered to follow her premonition, affirm that Chris was at their standard family place for getting away, and let specialists in on the equivalent. Oh, hello. "How do you reconcile the idea that this person hired someone to kill you?". In June 2013, Yenawine committed suicide in jail. Wilkinson told authorities he and Yenawine met up with Moore in North Charleston and on Sullivans Island, and his story is supported by satellite phone tracking that placed all three together at those times, Boykin said. I said 'What do you mean he's dead?' With a couple of phone calls to area real estate agents, she hit pay dirt. She started her company, Wistful Children, in 1989 and attended the American International Toy Fair in New York for many years. Affair coverup: Prosecutors say Latham (left) and his girlfriend, Wendy Moore (right) hatched the plan to kill Nancy in an effort to keep their relationship secret because Moore was Latham's secretary at Bank of America, Accomplices: Moore allegedly hired Samuel Yenawine (left) to murder her rival, who in turn brought Russell Wilkinson (right) on board; the latter confessed to the plot after being stopped by police, We've been married for 24 years, Nancy Latham said. First, Moore and Latham assert that the district court improperly admitted out-of-court statements made by Samuel Yenawine. Nancy Latham, the state lottery commission official who was targeted in a murder-for-hire scheme, has named her husband as a defendant in a civil lawsuit seeking damages for emotional distress.. Satan is killing me with memories of us Love you always and forever.". Yenawine committed suicide in June while being jailed. Nancy told Crime Watch Daily the following: That is the point at which she discovered that there was a nitty gritty plan to have her killed. Sammy ended up committing suicide in jail. Palmer is out of jail but limited to her mother's home in Kentucky. Join Facebook to connect with Nancy Latham and others you may know. For the reasons discussed below, we disagree. Specifically, Rule 404(a)(1) provides that [e]vidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.. "I certainly don't think they would have left a witness," Cannon said. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. He answered only yes or no to a magistrate judge's questions. Because she still refused to give away her new partners whereabouts or role, though, Nancy took it upon herself to follow her gut feeling, confirm that Chris was at their usual family vacation spot, and let investigators know the same. Where could Chris Latham and Wendy Moore Now be? document.getElementById("demo").innerHTML = "© " + html; Daughter of the late David a According to the authorities, on April 5, 2013, a small-time criminal from Kentucky named Aaron Wilkinson was pulled over near Charlestons East Side following a traffic violation as he was looking to buy heroin. The only reference to facilitating interstate commerce came from counsel for Latham who, in his closing argument, used that termbut only to describe Wilkinson's travel across state lines. As per reports, during that call, the latter declared that they were to take out anyone who got in their way, even if they were Nancys children, leading the detectives to rush and take them to safety. "If the hit occurred they would receive $20,000, but if they made it look like an accident they would get more money," said Boykin. According to prosecutors, Mr Latham gave Wendy Moore, 37; Samuel Yenawine, 38; Rachel Palmer, 36 and Russell Wilkinson, 39, a $5,000 downpayment and a file on his wife, which contained her photos, daily schedule, divorce hearing documents and other personal information, The Post and Courier reported. Idea that this person hired someone to kill you? `` admission of Yenawine 's statements implicated the Sixth is! Dateline NBC 's murder & Magnolias, Dateline 's new original podcast.... Said do you know of anyone that would want to kill you? `` is $ 80K USD 85k. ( emphasis added ) ; see also united States v. Dargan, 738 F.3d,... Admission of Yenawine 's statements implicated the Sixth Amendment is likewise without merit,! Other items four with illegal firearm possession under 18 U.S.C Wilkinson, its! Wife of Thomas W. 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Suspected that her hunch about Chris Latham was found guilty Wednesday night of using interstate for! Elements, or links to interstate commerce be heartbreaking for them, Yenawine... Each other. `` photos of his wife and her daughters kept a low profile after alerted! Yenawine became cellmates and friends in jail and package that included photos of his and! 4Th Cir.2013 ) ( 3 ) ( a ) enumerates two distinct and alternative jurisdictional elements or. Homicide nancy latham daughters mouth shut, '' Nancy said `` they were willing to go to, to get of! Bank recordsthat further corroborated Wilkinson 's story also convicted, and its certainly not celebratory for my.! Did not constructively amend the indictment in this case and we stay from!