Henderson v. United States
| Decision Date | 30 March 2016 |
| Docket Number | No. 4:12-CV-730 CAS,4:12-CV-730 CAS |
| Parties | STEPHEN HENDERSON, Movant, v. UNITED STATES OF AMERICA, Respondent. |
| Court | U.S. District Court — Eastern District of Missouri |
This matter is before the Court on federal prisoner Stephen Henderson's motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct sentence ("Motion to Vacate"). The government filed a response and movant filed a traverse. An evidentiary hearing was held in this matter on November 10, 2015, at which time both sides were allowed to present evidence. For the following reasons, movant's Motion to Vacate is denied.
On February 14, 2008, Tracy Shelton was arrested with 124 grams of cocaine. Following his arrest, he began cooperating with the Drug Enforcement Administration ("DEA") . Mr. Shelton told agents that movant was the source of his cocaine, and thereafter agents began surveillance on movant. On February 20, 2009, agents set up a meeting between Mr. Shelton and movant. Movant drove Mr. Shelton, who was wearing a recording device, and while they were stopped at a gas station, agents placed a GPS tracker on movant's truck.
On March 5, 2008, Mr. Shelton told agents, on short notice, that movant wanted to meet at his mother's house on Milan Avenue in University City to do an exchange. Prior to the meeting, agents were unable to outfit Mr. Shelton with a recorder or search the residence. Mr. Shelton and movant spoke outside the residence for 30 minutes. Movant left and went to a house at 11128 Bon Jour Court. While movant was gone, agents outfitted Mr. Shelton with a recorder. Movant returned to the house on Milan with a black bag, which he gave to Mr. Shelton. After movant left, contrary to the agents' instructions, Mr. Shelton walked into the Milan residence with the bag. He took some cocaine from the bag and placed it inside a drop ceiling. He then exited the house and gave the agents a black bag with approximately five kilograms of cocaine.
Very early in the morning on March 6, 2008, Mr. Shelton called the agents and told them that he had taken some of the cocaine and placed it in the ceiling of the Milan house. Later that morning the agents met with Mr. Shelton at the house on Milan and retrieved approximately five kilograms of cocaine. Later that day, the agents applied for and received a search warrant for 11128 Bon Jour Court.
On March 10, 2008, agents went to arrest movant at 7301 Sieloff Drive in Hazelwood. Agents waited at least four hours outside the apartment complex before movant emerged. The agents approached movant and cuffed him. One agent read movant his Miranda rights from a card. The agents did not have a search warrant for 7301 Sieloff. The agents told movant that they were investigating him and asked if they could go inside to talk. Movant consented and the agents removed the keys from his pocket and entered the residence.
An agent filled out a consent to search form, and movant signed it. While movant was being questioned at 7301 Sieloff, an agent overheard movant state that there was money in a closet, and even more money at 11128 Bon Jour Court. Agents seized $256,575.00 in cash from the hall closet at 7301Sieloff. The search at Sieloff was completed within 20-30 minutes.
The agents drove movant to the DEA division office while other officers executed the search warrant at 11128 Bon Jour Court. At Bon Jour Court, the agents seized $948,080.00 in cash, a Rolex and two Cartier watches, and a number of financial documents.
At the division office, movant was interrogated for over two hours. An agent read movant his rights from a card. Movant was cooperative and during the interview he identified Julius Turrentine as the source of his cocaine. Movant made a recorded telephone call to Mr. Turrentine, and a number of other calls at the agents' request. Later movant wore a recording device and went to Mr. Turrentine's residence to collect a money counter. Movant was not detained at the division office that day, and he was allowed to leave.
On March 11, 2008, agents had arranged to meet movant in the morning and follow him to the division office. Instead of driving to the division office, movant drove to the law office of N. Scott Rosenblum, and the agents followed. Attorney Rosenblum spoke with movant and an agent inside his office.
On March 12, 2008, the government filed a criminal complaint against Mr. Turrentine, who was later arrested. On March 20, 2008, a grand jury sitting in the Eastern District of Missouri issued an indictment against movant and Mr. Turrentine. Movant was charged in Count I with conspiracy to distribute and possess with intent to distribute in excess of five kilograms of cocaine in violation of 21 U.S.C. §§ 841 and 846. Movant was charged in Count II with distribution of in excess of five kilograms of cocaine in violation of 21 U.S.C. §§ 841 and 846. Movant was also charged in Count IV with criminal forfeiture in violation of 21 U.S.C. § 853.
A warrant was issued for movant's arrest on March 20, 2008. Movant surrendered himself on March 24, 2008. Movant was brought before a United States Magistrate Judge on March 24,2008. Attorneys Gilbert C. Sison and N. Scott Rosenblum entered their appearances on movant's behalf. Movant pleaded not guilty at his arraignment.
On May 6, 2008, Mr. Rosenblum filed a Motion to Suppress Statements and Physical Evidence. He also filed a Motion for Disclosure of Confidential Informants, Informers and Cooperating Individuals. On May 20, 2008, the matter came before the Honorable Audrey G. Fleissig, who was at the time a United States Magistrate Judge.1 Movant appeared with counsel, and after being advised of the right to file motions and to have an evidentiary hearing, he knowingly and voluntarily waived his right to file or proceed on pretrial motions and to an evidentiary hearing. Movant orally moved to withdraw his two pretrial motions.
On August 13, 2008, the government filed a civil forfeiture case against the money and jewelry seized at 11128 Bon Jour Court and 7301 Sieloff Drive, Case Number 4:08-CV-1180. Attorney Sison entered his appearance in that case and filed a "Verified Claim to Property" on movant's behalf. In the Verified Claim to Property, which movant signed under oath, movant asserted that he was the owner of the money and jewelry seized at 11128 Bon Jour Court and 7301 Sieloff Drive. Mr. Sison also filed and answer in the civil forfeiture case.
On August 28, 2008, the grand jury returned a superceding indictment, which added no new charges against movant. Movant pleaded not guilty to the superceding indictment. Movant filed a Motion to Suppress Statements and a Motion to Suppress Physical Evidence. On October 14, 2008, Magistrate Judge Fleissig held an evidentiary hearing. Mr. Sison represented movant at the evidentiary hearing. At the hearing, the government presented the testimony agent Task ForceOfficer Jason Staats. Defendant presented the testimony of James Hayes, a forensic document examiner, who testified regarding the signature on the consent to search form, and of attorney Rosenblum. In rebuttal, the government presented the testimony of Special Agent Lonnie Parrish.
On November 12, 2008, Magistrate Judge Fleissig issued a Report and Recommendation, in which she recommended that movant's pretrial motions be denied. On December 8, 2008, movant filed objections to the Magistrate Judge's Report and Recommendation. The undersigned carefully reviewed the objections and adopted the Report and Recommendation on December 17, 2008. The Court overruled the objections and denied movant's motion to suppress statements and physical evidence.
On November 20, 2008, attorneys Rosenblum and Sison moved to withdraw as counsel for movant. As grounds for withdrawal, they stated that movant had informed counsel that he wished to advance a defense at trial that would make them necessary witnesses. Moreover, said counsel stated that United States v. Henderson, 4:08-CR-187 CAS, Doc. 121 at 2-3.
Movant's counsel also filed a motion for psychiatric evaluation and continuance of the trial date. Movant's counsel represented in their motion that movant displayed a troubling lack of understanding during conference they had with him. Id., Doc. 126 at 2-3. On December 4, 2008, Magistrate Judge Fleissig ordered movant to undergo a mental examination, and that a report be prepared pursuant to 18 U.S.C. § 4247(b) and (c).
On February 10, 2009, movant's attorney filed a report from John S. Rabun, M.D., in which the doctor stated that movant declined to participate in a psychiatric evaluation. Movant later consented to an evaluation, and on February 24, 2009, movant's counsel filed a report in which Dr. Rabun opined that movant was not afflicted by a mental disease or defect. He found that movant had the capacity to understand the nature and consequences of the proceedings against him and to assist properly in his defense. On February 27, 2009, following a hearing at which movant and his counsel were present, Magistrate Judge Fleissig found movant competent to stand trial.
On March 17, 2009, the undersigned held a closed hearing on attorneys Rosenblum and Sison's motion to withdraw as counsel. Movant was present at the hearing. After considering the statements by counsel and movant, the Court denied the motion to withdraw as counsel.
On March 23, 2009, the government filed a motion for inquiry into a potentital conflict of interest as to attorneys Rosenblum and Sison. The government requested that the Court conduct an inquiry as to whether Mr. Rosenblum or Gilbert Sison...
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