Knowles v. United States
| Decision Date | 30 March 2022 |
| Docket Number | 11-CR-630 (KMK),18-CV-1950 (KMK) |
| Parties | STEVEN KNOWLES, Petitioner, v. UNITED STATES OF AMERICA, Respondent. UNITED STATES OF AMERICA v. STEVEN KNOWLES, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Ruth M. Liebesman, Esq. Ruth M. Liebesman, Attorney-at-Law New York, NY Counsel for Petitioner
Samuel Raymond, Esq. United States Attorney's Office New York NY Counsel for Respondent
Petitioner Steven Knowles (“Knowles” or “Petitioner”) has filed a Petition, pursuant to 28 U.S.C. § 2255, to vacate, set aside, or correct his sentence (the “Petition”), (Dkt. No. 1, Case No 18-CV-1950), and has moved pursuant to Federal Rule of Criminal Procedure 33 for a new trial (the “Motion”), (Dkt. No. 1300, Case No. 11-CR-630).[1] For the reasons stated herein, the Petition and Motion are denied.
On April 22, 2013, a grand jury returned Superseding Indictment S8 11-CR-630 (KMK) (the “Indictment”) charging Petitioner, along with four co-defendants, with 11 counts of crimes related to conspiracy, racketeering, narcotics trafficking, and the murder of Christopher Cokley (“Cokley”). (See generally Indict. (Dkt. No. 670, Case No. 11-CR-630).) Count One charged Petitioner with participating in a racketeering enterprise in violation of 18 U.S.C. §§ 1961 and 1962(c). (Id. ¶¶ 1-24). Count Two charged Petitioner with racketeering conspiracy in violation of 18 U.S.C. 1962(d). (Id. ¶¶ 25-28). Counts Three and Four charged Petitioner with conspiracy to murder in aid of racketeering and murder in aid of racketeering activity, respectively, in connection with the July 2009 murder of Cokley, in violation of 18 U.S.C. §§ 1959(a)(1) and (a)(5). (Id. ¶¶ 29-33). Count Seven charged Petitioner with conspiracy to distribute 280 grams or more of crack cocaine in violation of 21 U.S.C. § 846. (Id. ¶¶ 38-41). Counts Eight, Nine, and Ten charged Petitioner with the use of a firearm related to conspiracy, racketeering, narcotics trafficking, and the murder of Cokley, in violation of 18 U.S.C. §§ 924(c)(1)(A)(iii), 924(c)(1)(C)(i), and 924(j). (Id. ¶¶ 42-44).[2] These charges followed an investigation of a violent street gang known as the “Elm Street Wolves, ” a criminal organization that operated in and around Yonkers during the time alleged in the Indictment, whose members engaged in narcotics trafficking, assault with dangerous weapons, and murder. (See Indict. ¶ 1). The Elm Street Wolves and their associates sold crack cocaine at, among other places, the intersection of Elm and Oak Streets. (Id. ¶ 6.) The Indictment alleged that certain members and associates of the Elm Street Wolves maintained firearms for use by other members and associates of the gang. (Id. ¶ 10.) These firearms would be stored at readily accessible locations and used to protect the gang's territory and attack rival gang members. (Id.)
The Government alleged that Petitioner was one of the leaders of the Elm Street Wolves during the time alleged in the Indictment. (Id. ¶ 7.) Petitioner began selling crack cocaine on Elm Street with other members as early as 2000 and commissioned multiple shootings against rival gang members and other individuals who challenged the Elm Street Wolves. (Id.) One such rival gang was the “Strip Boyz, ” (id. ¶ 4), of which Cokley was a member, (id. ¶ 16). From about 2004 to about August 2011, “the Elm Steet Wolves engaged in a violent dispute with . . . the Strip Boyz . . . [d]uring [which] members of the Elm Street Wolves and Strip Boyz committed multiple shootings, beatings, stabbings, and assaults against one another.” (Gov't's Opp'n to Pet'r's Pet. for Writ of Habeas Corpus and Mot. For New Trial (“Gov't's Opp'n”) at 4 (Dkt. No. 1309, Case No. 11-CR-630).) One such incident was the July 2009 shooting of Cokley. (Id. at 3.)
Petitioner stood trial in this Court before a jury from June 3, 2013 to July 1, 2013. (Pet'r's Mem. of Law in Supp. of Pet. For Writ of Habeas Corpus (“Pet'r's Habeas Mem.”) at 3 (Dkt. No. 2, Case No. 18-CV-1950).) During trial, the Government presented testimony from numerous witnesses-including both civilian eyewitnesses and cooperating witnesses-as well as crime scene photographs, ballistics evidence, and surveillance video. (Gov't's Opp'n at 3-4).
The Government relied on testimony from multiple cooperating gang members, including Dexter Granger (“Granger”), [3] Michael Dennis (“Dennis”), [4] and Jason Harris (“Harris”), [5] who each provided corroborating testimony regarding Petitioner's role in the planning and execution of Cokley's murder. (See generally Trial Transcript (“Tr.”) (Dkt. Nos. 750, 752, 754, 757, Case No. 11-CR-630).)
Granger testified that on July 3, 2009, he, along with Petitioner, Dennis, Michael Andrews (Andrews”), [6] and Rakeem Wilson (“Wilson”), [7] had been drinking all day and discussing possible retaliation against the Strip Boyz. (Tr. at 238-42.) Granger testified that Dennis had a 9-millimeter handgun on him at the time. (Id. at 243.) He further testified that the night of the murder, he, Petitioner, Dennis, Andrews, and Wilson drove to Petitioner's house, where they obtained a Smith & Wesson .357 magnum revolver, which was introduced into evidence as Government Exhibit 401. (Id. at 242-43.) Granger testified that he believed the .357 revolver was the one used to murder Cokley because of its chrome color, the brownish color of the handle, and the red color at the front on the tip. (Id. at 246-47.) He also testified that while at Petitioner's home, they obtained hooded sweatshirts and a mask. (Id. at 244.) Granger testified that Petitioner cut eye holes into the back of one of the sweatshirts to use as a makeshift mask. (See id.)
According to Granger, Andrews drove the group to the Schlobohm Housing Project (the “Housing Project”) in Yonkers, where Granger gave the .357 revolver and sweatshirt to Petitioner, who climbed a fence and crawled through a creek to enter the Housing Project with Dennis. (Id. at 250-54.) Granger testified to witnessing Petitioner exit the Housing Project following gun shots, take off his hooded sweatshirt, and give the gun to Wilson, who disposed of it in the trees. (Id. at 258-61.) They then drove to the apartment of Shantel Williamson (“Williamson”), a known stash house for the Elm Street Wolves, where they met Dennis-who ran there after the shooting. (Id. at 262-65.) On the way to Williamson's apartment, Granger testified that Petitioner said he thought “he got one of them . . . he['d] seen Chris Cokley grab his head.” (Id. at 261.) Granger testified that nearly a year afterwards, Petitioner bragged to Granger about how he “got away with murder.” (Id. at 267-68.)
Dennis corroborated Granger's testimony with regard to planning a retaliation against the Strip Boyz on July 3, 2009. (Gov't's Opp'n at 5-6; see also Tr. at 2049-52.) He testified to possessing a 9-millimeter handgun at the time, (Gov't's Opp'n at 5; see also Tr. at 2053); obtaining masked hoodies; retrieving the .357 firearm at Petitioner's home, (Gov't's Opp'n at 5; see also Tr. at 2056-59); driving to the outskirts of the Housing Project with Granger, Petitioner, Wilson, and Andrews, (Gov't's Opp'n at 5; see also Tr. at 2059-62); and climbing over a fence and through a creek to enter the Housing Project with Petitioner, (Gov't's Opp'n at 5; see also Tr. at 2062-68). Dennis further testified to entering the Housing Project with Petitioner and witnessing Petitioner open fire outside of Building 3 of the Housing Project, where several people were gathered. (Gov't's Opp'n at 5-6; see also Tr. at 2068-72.) Dennis also testified that later that night, Petitioner bragged to Dennis's brother about shooting Cokley, saying he had “clapped Chris Cokley in the head.” (Gov't's Opp'n at 6; see also Tr. at 2094.) The next day, Dennis and Wilson searched for Petitioner's tossed gun, but they could not find it. (Gov't's Opp'n at 6; see also Tr. at 2100-02.)
Harris testified that the day after the murder, he bleached clothing found at Williamson's apartment and gave the bleached clothing to a customer to discard in exchange for crack cocaine. (Gov't's Opp'n at 6-7; see also Tr. at 848-51.) Harris also testified that in 2011, Petitioner recounted the story of Cokley's murder in detail to Harris while they were in jail together. (Gov't's Opp'n at 7; see also Tr. at 874-78.) Such details corroborate the testimony of Granger and Dennis, including that Petitioner was wearing a hoodie backwards with holes cut out for the eyes, that Dennis and Petitioner crawled “like ninjas” through the mud to enter the Housing Project, that the shooting occurred within the Housing Project, that Petitioner possessed a .357 revolver and Dennis possessed a 9-millimeter handgun, that Petitioner fled the scene in a car while Dennis ran, and that Petitioner tossed the .357 into the creek before leaving the Housing Project. (Gov't's Opp'n at 7; see also Tr. at 774-78.)
Additional corroborating witnesses testified, including eyewitnesses Angel Kinlaw (“Kinlaw”) and Callie Dickerson (“Dickerson”), who were in the Housing Project the night of the murder. (Gov't's Opp'n at 7.) Kinlaw testified that she was sitting between Buildings 1 and 3 when she witnessed two individuals wearing dark clothing with a “mask or hood or something” concealing their faces. (Gov't's Opp'n at 7; see also Tr. at 1788-91.) Kinlaw recalled that one of the individuals was walking in the street, while one was walking on the sidewalk when they opened fire. (Gov't's Opp'n at 7; see also Tr. at 1792.) Dickerson also testified that she was in front of Building 3 when she witnessed two men shoot towards...
To continue reading
Request your trial