Krasniqi v. United States

• Decision Date: 19 July 2016
• Docket Number: 15-cv-7898 (KBF),15-cv-7899 (KBF),10-cr-464 (KBF)
• Citation: 195 F.Supp.3d 621
• Parties: Bruno KRASNIQI, Petitioner, v. UNITED STATES of America, Defendant. Saimir Krasniqi, Petitioner, v. United States of America, Defendant.
• Court: U.S. District Court — Southern District of New York

195 F.Supp.3d 621

Bruno KRASNIQI, Petitioner,

v.UNITED STATES of America, Defendant.

Saimir Krasniqi, Petitioner,

v.United States of America, Defendant.

15-cv-7899 (KBF)

10-cr-464 (KBF)

15-cv-7898 (KBF)

10-cr-464 (KBF)

United States District Court, S.D. New York.

Signed July 19, 2016

Henry M. Scharg, Law Office of Henry M. Scharg, Northville, MI, Brendan White, White & White, New York, NY, Kelley J. Sharkey, Kelley J. Sharkey, Esq., Brooklyn, NY, for Petitioner.

Avi Weitzman, Michael Douglas Maimin, Arianna Rebecca Berg, Chi T. Steve Kwok, Gina Marie Castellano, Ian Patrick McGinley, Jennifer Eileen Burns, Jennifer Gillum Rodgers, Michael Ferrara, Natalie Lamarque, U.S. Attorney's Office, New York, NY, for Defendant.

OPINION & ORDER

KATHERINE B. FORREST, District Judge

The Court has reviewed the motions, through counsel, of petitioners Bruno Krasniqi and Saimir Krasniqi (collectively "Petitioners" or the "Krasniqis") to vacate, set aside, or correct their sentences pursuant to 28 U.S.C. § 2255 on grounds of ineffective assistance of counsel. (Pet., 10-cr-464; 15-cv-7898, ECF No. 6; 15-cv-7899, ECF No. 6.)¹ Petitioners—who are brothers—were convicted after a five-week jury trial of all of the crimes with which each was charged. Those charges included, inter alia, racketeering in violation of 18 U.S.C. § 1962(c), two counts of murder in aid of racketeering in violation of 18 U.S.C. § 1959(a)(1), kidnapping in aid of racketeering in violation of 18 U.S.C. § 1959(a)(1), narcotics trafficking in violation of 21 U.S.C. § 846, conspiracy to commit robbery in violation of 18 U.S.C. § 1951, obstruction of justice in violation of 18 U.S.C. 1512(c), and possession and use of firearms in violation of 18 U.S.C. § 924(c)(1)(A)(ii). The Court sentenced each Petitioner to an aggregate term of life imprisonment, plus 30 years.

The Krasniqis appealed their convictions on several grounds, including that the evidence was insufficient to support several of the counts of conviction, the trial court improperly precluded cross-examination of a law enforcement witness, and Bruno Krasniqi was deprived of his right to his counsel of choice when the trial court allowed the Government to introduce evidence relating to his attorney. The Second Circuit affirmed the Krasniqis' convictions by unpublished disposition. United States v. Krasniqi, 555 Fed.Appx. 14 (2d Cir.2014) (summary order). The Second Circuit subsequently denied a petition for rehearing. Thereafter, the Krasniqis sought writs of certiorari from the United States Supreme Court; their petitions were denied. Krasniqi v. United States, ––– U.S. ––––, 135 S.Ct. 294, 190 L.Ed.2d 214 (2014).

Petitioners now argue that they received ineffective assistance of counsel at trial on the grounds that counsel purportedly failed to: (1) call certain witnesses and pursue potential alibi defenses, and (2) object when Petitioners' parents were allegedly told to leave the courtroom during part of jury selection. These arguments are wholly without merit, and for the reasons set forth below, Petitioners' motions are DENIED.

No evidentiary hearing is necessary in this action. The combined submissions of the parties provide a sufficient basis upon which to deny the motions. The Court concludes that a full testimonial evidentiary hearing would not offer any reasonable chance of altering its view on the facts as alleged by Petitioners, including the details added in their motions and supporting affidavits. See Chang v. United States, 250 F.3d 79, 86 (2d Cir.2001) (court need not hold an evidentiary hearing where the combined submissions of the parties provide a sufficient basis to deny the petition).

I. BACKGROUND

A. Indictment

On May 27, 2010, brothers Bruno Krasniqi and Saimir Krasniqi were charged in a sealed indictment (ECF No. 5); each was arrested on June 8, 2010. The Krasniqis were subsequently charged in a series of superseding indictments, the last of which—the ninth superseding indictment—was filed on September 22, 2011 (the "Indictment"). (ECF No. 277.) The Indictment alleged that the Krasniqis led an organized criminal enterprise from approximately 2002 up to 2010 and charged them in eleven counts, as follows: (1) racketeering—with predicate acts that included narcotics conspiracy, interstate transportation of stolen property, robbery, conspiracy to murder, kidnapping, murder, obstruction of justice and arson—in violation of 18 U.S.C. § 1962(c) ; (2) racketeering conspiracy, in violation of 18 U.S.C. § 1962(d) ; (3) narcotics conspiracy, in violation of 21 U.S.C. §§ 841(a), 841(b)(1)(B), and 846 ; (4) robbery conspiracy, in violation of 18 U.S.C. § 1951 ; (5) use and carrying of a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. §§ 924(c)(1)(A)(ii), 924(c)(1)(B)(ii), and 2; (6) kidnapping in aid of racketeering, in violation of 18 U.S.C. §§ 1959(a)(1) and 2; (7) use and carrying of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 924(c)(1)(A)(ii) and 2; (8) murder in aid of racketeering, in violation of 18 U.S.C. §§ 1959(a)(1) and 2; (9) murder in aid of racketeering, in violation of 18 U.S.C. §§ 1959(a)(1) and 2; (10) conspiracy to obstruct justice, in violation of 18 U.S.C. § 1512(k) ; and (11) obstruction of justice, in violation of 18 U.S.C. §§ 1512(c) and 2.

B. Trial

The Krasiniqis chose to proceed to trial. A jury trial on the Indictment, presided over by the Hon. Richard J. Holwell, commenced on October 31, 2011, and ended on December 6, 2011. Bruno Krasniqi was represented at trial by Kelley J. Sharkey; Saimir Krasniqi was represented by Avraham C. Moskowitz and Avrom J. Robin. As further detailed below, the evidence at trial established that the Krasniqis supervised and led an organized criminal enterprise (the "Krasniqi Organization")—that began operating in Detroit, Michigan, in around 2002, and moved to New York City in late 2003—that engaged in numerous criminal activities. Those crimes included, inter alia, murder, kidnapping, robbery, extortion and narcotics trafficking. The Government's evidence at trial included the testimony of several cooperating witnesses (including three former members of the Krasniqi Organization and two members of a rival criminal organization), a kidnapping victim, and several law enforcement officers, as well as physical evidence, telephone toll records, and photographs and other documentary evidence. That evidence established the following facts.

Evidence introduced at trial demonstrated that the Krasniqis immigrated to the United States from Albania and settled in Detroit, Michigan. (Trial Tr. at 253-54, 263.) There, the Krasniqis established a criminal network in Detroit that included Oliger Merko, Kejtol Manoku, Elton Sejdaris, and Florian Veshi. The group discussed schemes to extort businesses and use guns, and committed violent crimes together. (Trial Tr. at 257-58, 287, 316-17.) The evidence showed, for instance, that in 2003, Merko shot Abaz Hussenllari, a former criminal associate of the group, because Hussenllari had not paid the Krasniqis and Merko for crimes the men had committed for him; the Krasniqis were present for the shooting. (Trial Tr. at 319, 324-26.) After Merko was arrested for the shooting, the Krasniqis demanded money for Merko's bail from their distant relative, Arben Dinkollari, whose violent kidnapping they had previously participated in. (Trial Tr. at 327, 329-30, 1339-57, 1365-66.)

In late 2003, after several criminal associates had been arrested in Detroit, the Krasniqis relocated to New York City, where they recruited additional associates—including Erkliant Sula, Almir Rrapo, and Gentian Kasa—to join their criminal enterprise. (Trial Tr. at 255, 689.) Sejdaris and Veshi also followed the Krasniqis to New York within several months thereafter. (Trial Tr. at 258.) As explained below, the Krasniqi Organization went on to commit numerous crimes in New York (as well as additional crimes in Detroit), including marijuana trafficking, robbing drug suppliers, and kidnapping and murdering rival gang members.

The evidence at trial established that, between 2003 and 2010, members of the Krasniqi Organization sold thousands of pounds of marijuana obtained from suppliers in Detroit, New York, and Canada. (Trial Tr. at 278-79, 364-75, 383-86, 1499-1501, 1538, 1906, 1949-56, 2293.) The evidence also established that members of the Krasniqi Organization stole from drug suppliers, including in a 2004 incident in Ohio in which Saimir and Sula drove away with marijuana that belonged to a drug supplier based in Canada while the supplier's courier was in a rest stop bathroom, and then delivered the drugs to Bruno. (Trial Tr. at 398-404, 1517, 1519-22.) A pistol that Saimir and Sula had intended—but ultimately did not need—to use to execute the robbery was subsequently recovered by law enforcement after a prostitute hired by Saimir and other members of the Krasniqi Organization called the police following a dispute during a celebration held by Sejdaris, Sula, Saimir, and Veshi. (Trial Tr. at 398, 407-10, 1510-11, 1517, 1521, 1543-46, 2085-87.)

Among the Krasniqi Organization's suppliers of marijuana was a man named Parid Gjoka and his associates (collectively, the "Gjoka Crew"), who sold the Krasniqis hundreds of pounds of marijuana in 2004 and 2005. (Trial Tr. at 1906, 1949-56.) After receiving approximately 20 pounds of marijuana on consignment from Gjoka in the spring of 2005, the Krasniqis—sensing that Gjoka was vulnerable—arranged to meet with him in the hope of muscling him out of his share of the proceeds. (Trial Tr. at 1991-92, 1994-95, 2353-54.) On the day of the meeting, the Krasniqis refused Gjoka's demand for payment for the drugs they had received on consignment, and Bruno hit Gjoka and chased him away without paying for the marijuana. (Trial Tr. at 428-30, 433-34, 1994-2005, 2358-63.) Following this incident, the Gjoka Crew plotted to retaliate by shooting the Krasniqis...