State v. Leann Hayley
| Decision Date | 02 December 1999 |
| Docket Number | 74718,99-LW-5443 |
| Parties | STATE OF OHIO, Plaintiff-Appellee v. LEANN HAYLEY, Defendant-Appellant CASE |
| Court | Ohio Court of Appeals |
Criminal appeal from Common Pleas Court, Case No. CR-361240.
For Plaintiff-Appellee: William D. Mason, Cuyahoga County Prosecutor, Eleanore Hilow, Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113.
For Defendant-Appellant: James Draper, Chief Public Defender Jean M. Gallagher, Assistant Public Defender, 100 Lakeside Place, 1200 West Third St., N.W., Cleveland, Ohio.
Defendant Leann Hayley appeals from a June 4, 1998 judgment of conviction by a jury and sentence entered by Judge Carolyn B. Friedland on the basis that the judge; improperly denied her Crim.R. 29 motion for acquittal, violated her right to compulsory process by permitting Hayley's codefendant to assert his right against self-incrimination through his counsel and off the record, and violated the provisions of R.C. 2929.19 by failing to notify her of the possibility of an increase in her prison term and the mandatory period of post-release control. We agree only with her assignment of error challenging her sentence, and remand for further proceedings consistent with this opinion.
On April 9, 1998, the Cuyahoga County Grand Jury returned a two count indictment against Hayley: Count I alleged a violation of R.C. 2925.11 (); Count II alleged violation of R.C. 2923.24 ().
At trial, Detective Gene R. Cook, a member of the DEA Narcotic Intervention Team of the East Cleveland Police Department, testified that he and "Canine Gunner," a dog trained specially for narcotic detection, met Cuyahoga County Deputy Sheriff James A. Gilchrest, an agent of the Airport Interdiction Unit of the DEA Task Force, at Cleveland Hopkins International Airport on February
15, 1998. Gilchrest had received information from the San Diego DEA Airport Group that two suspected drug couriers were on Northwest Airlines Flight 1298 due to arrive at 9:11 p.m. They were identified as "Leann Hayley" and "Steve Matheson" and their physical descriptions, clothing and baggage claim tag numbers were provided. Gilchrest later testified that the descriptions were "way off."
After the plane left San Diego, Gilchrest verified that the two had boarded the flight and were en route to Cleveland. Detective Deborah Harrison, a member of the Narcotics Unit of the Cleveland Police Department and DEA Task Force, testified that the tickets were purchased from a San Diego travel agency recognized as one that catered to known drug dealers. Gilchrest testified that San Diego was a "source city," stating that the general bulk of drug trafficking coming into Cleveland, a "distribution" or Muser city," came from the San Diego area.
When the flight arrived, Harrison watched the passengers deplane, and Cook and Gunner circled the three carts containing the luggage from that flight. Gunner climbed through the luggage on one cart and alerted Cook to four suitcases. Two of the suitcases were attributed to Hayley by the numbers on the baggage claim tags; the other two had Matheson's claim tags. Gilchrest said that a ticketing agent identifies luggage to a passenger first by asking various federally required questions, such as whether the passenger packed his own bag and then whether anyone had asked him to transport luggage not his own. Once the ticketing agent verifies that the passenger packed the luggage and that the luggage belongs to him, the ticket agent would then assign the bag a claim number. If the passenger had indicated that he did not pack the luggage or that the luggage belonged to someone else, that passenger would not be allowed to board.
After Harrison watched the last passenger deplane, she then proceeded to the luggage carousel. Gilchrest and his partner stood outside the area, conducting surveillance on the crowd. He noticed two people, later identified as Hayley and Matheson, who "operated outside the normal": they were not walking or talking together; they stood at opposite ends of the baggage carousel. While he admitted that it was not outside the norm for persons traveling together to take different positions around the luggage carousel, he noted that it was more common for drug couriers to do so. Harrison noted that Hayley stood with her back to the wall, speaking to no one, while she waited for her luggage. Gilchrest watched Hayley rent a "smart cart" and load the cart with two of the suitcases identified by Gunner and Matheson pick out the other two suitcases. Hayley and Matheson walked out of the baggage claim area separately and did not meet up with each other.
About 15 to 20 feet outside the baggage claim area, Harrison approached Hayley, identified herself, displayed her credentials and asked Hayley for identification. Hayley produced her California drivers' license and, according to Harrison, acted "quite nervous" in that Hayley's hands trembled and she was breathing heavily. While this type of response may not be out of the ordinary, Harrison thought Hayley responded in an "overly nervous" fashion. The drivers' license verified Hayley's identification and, based upon the tip identifying her as a possible drug courier, Harrison asked to see her plane ticket. The one-way ticket and the two baggage claim tags corresponded to the numbers identified by the San Diego tip.
When Harrison asked whether Hayley owned the bags, she responded in the affirmative but said she "left the hotel and someone else packed [her] clothes." When Harrison asked Hayley a second time whether she owned the bags, Hayley responded "yes." When asked whether she would permit the officers to search her bags, Hayley said "sure." The officers discovered that both bags were locked, and Hayley indicated that she did not have a key. The officers opened the suitcases by inserting a key into the zipper. The suitcases did not contain any of Hayley's clothing, or personal items, only blankets, pillows, and gift-wrapped packages.
After opening the gift-wrapped packages, Gilchrest found plastic-sealed blocks of marijuana wrapped with scented clothes dryer sheets. According to Gilchrest, this type of "packaging" technique is used to prevent detection by drug-sniffing dogs and was consistent with the movement of narcotics through the airport. A forensic scientist testified that one suitcase contained 9,692.70 grams of marijuana and the other contained 13,103.25 grams, approximately 50 pounds, which Harrison valued at $50,000.
Hayley was placed under arrest and taken to the airport DEA office where she was advised of her Miranda rights. Gilchrest gave Hayley a written copy of the Miranda rights, which she signed, and then he took her written statement. Matheson had also been arrested and was placed in the same room with Hayley.
Gilchrest explained that drug couriers do not exhibit a similar physical appearance or profile; rather, he identified them through a particular pattern of behavior that would "stand out of the norm," e.g., purchasing a one-way ticket at the last minute, disposing of tickets and baggage claim stubs immediately upon arrival, or standing in a group and not conversing. In the case of Hayley and Matheson, he noticed that they did not stand near or look at each other and, when law enforcement initiated the stop, they both became very nervous and agitated. He admitted that, although Hayley held a one-way ticket, she had not disposed of either her ticket or the claim stubs upon her arrival.
Gilchrest also noted that, once a drug courier exits the airplane, rather than visit the restrooms or greet loved ones, he goes directly to the baggage claim area. If the courier is the last passenger off the plane, he will be the first of the passengers to arrive at the baggage carousel. According to Gilchrest, drug couriers often engage in counter-surveillance measures, including looking to see who may be behind them. In addition, Gilchrist noted, while most people recognize their luggage, drug couriers check the bag tags since most have seen their luggage only 20 minutes before departure. Harrison also added that drug couriers rarely carry a key to the luggage. In addition, 98 percent of the people approached by DEA will consent to a search of their luggage even though it contains narcotics. Gilchrest explained that drug couriers would most often come from "source cities" like New York, Miami, Fort Lauderdale, Houston, El Paso and any city in California or Mexico.
Upon cross-examination by defense counsel, Harrison testified that a search warrant was not obtained and the police did not investigate any information on Hayley's pager but, she added, such information would not be of use in drug interdiction cases.
At the close of the state's proofs, Hayley's lawyer moved for a Crim.R. 29 dismissal which the court overruled.
During her case in chief, Hayley testified that she worked for a real estate company and took courses at a junior college. She had applied for a position at the San Diego Sheriff's Department as a correctional officer, had successfully passed the background investigation and interview process, and awaited the medical and psychological examinations.
Hayley explained that she had no idea she would be traveling to Cleveland until St. Valentine's Day. Matheson, her boyfriend of six months, had surprised her by stating they would spend the night at a Marriott Hotel. She packed an overnight bag, and Jamaica, Matheson's female co-worker at a recording studio, drove them from Hayley's apartment to the hotel. Hayley...
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