U.S. v. Castro

• Decision Date: 17 April 1986
• Docket Number: 84-1990,Nos. 85-1963,s. 85-1963
• Citation: 788 F.2d 1240
• Parties: 20 Fed. R. Evid. Serv. 720 UNITED STATES of America, Plaintiff-Appellee, v. Jose CASTRO and Anna Castro, Defendants-Appellants.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 1240

788 F.2d 1240

20 Fed. R. Evid. Serv. 720

UNITED STATES of America, Plaintiff-Appellee, v. Jose CASTRO and Anna Castro, Defendants-Appellants.

Nos. 85-1963, 84-1990.

United States Court of Appeals Seventh Circuit.

Argued Dec. 4, 1985.

Decided April 17, 1986.

David Kirk, Danville, Ill., Everett L. Laury, Hutton, Laury, Hesser & Lietz, Danville, Ill., for defendants-appellants.

Frances C. Hulin, U.S. Atty., Danville, Ill., for plaintiff-appellee.

Before FLAUM and RIPPLE, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

RIPPLE, Circuit Judge.

Following an undercover investigation, the government charged Jose (Kiki) Castro with: count I--conspiring, from about January 1, 1984 through approximately July 31, 1984, to possess with intent to distribute and to distribute cocaine and heroin; count II--distributing heroin on or about June 29, 1984; and count III--distributing heroin on or about July 11, 1984. The government also charged Mr. Castro's wife, Anna Castro, with counts two and three. On April 10, 1985, a jury convicted both defendants of all charges against them. The defendants appeal the district court's denial of several post-trial motions which alleged prejudicial trial errors. After

carefully reviewing the entire record, we find no reversible error. The defendants received a fair trial; their convictions are affirmed.

I FACTS

At trial, the government's witnesses described a system for transporting drugs from Chicago to Danville, Illinois which involved both Jose and Anna Castro. The investigation, culminating in these convictions, began in mid-June 1984. On several occasions, Vermilion County Metropolitan Enforcement Group (MEG) ¹ Agent Frank Sporich purchased narcotics from Junior Ray Duckworth. These transactions took place in a house located at 605 North Walnut Street in Danville, Illinois. Following several such transactions, Agent Sporich arranged to follow Mr. Duckworth to a contact from whom he could purchase an ounce of heroin. Pursuant to this plan, on June 29, 1984, Mr. Duckworth and Agent Sporich traveled to the Getty Truck Stop near Kankakee, Illinois. At the truck stop, Agent Sporich purchased heroin from an individual driving a silver station wagon. Agent Sporich later identified that individual as Jose (Kiki) Castro.

Several other agents surveilled the truck stop during the transaction. After the transaction, MEG Agent Dennis Haley remained behind to observe the silver station wagon. Agent Haley followed the car to 703 1/2 Harmon Avenue in Danville, an apartment rented by Mr. Duckworth and his wife, Jeanne. He observed Junior Ray Duckworth, Jose Castro, Anna Castro and several small children exit the car and enter the apartment. Several days later, on July 5, 1984, Agent Haley also observed Mr. Duckworth and Mr. and Mrs. Castro on the porch of the Castros' home in Chicago. Photographs taken during this observation were introduced as government exhibits 50 and 51.

Special Agent William Haley of the Illinois Division of Criminal Investigations (DCI) testified that he was also involved in the undercover investigation of the Duckworths and the Castros. During a June 24, 1984 meeting at the Walnut Street house in Danville, Agent Haley purchased a quarter ounce of heroin from Mr. and Mrs. Duckworth. On July 2, 1984, Agent Haley again purchased a quarter ounce of heroin at the same location. This time, Mr. Duckworth and Mr. Castro were present, and Mr. Castro set the price and terms of the sale. Agent Haley also testified that, during the July 2 transaction, he observed Mrs. Castro on the back porch of the Walnut Street home.

On July 11, 1984, the investigation culminated when Agent Sporich met Mr. Duckworth at the Walnut Street house to purchase heroin. Agent Sporich testified that, during the transaction, Mr. Duckworth left the home and returned with the drugs. Immediately following the sale, agents arrested the occupants of the house including Mr. Duckworth and Mr. Castro. A subsequent search of the silver station wagon uncovered cocaine. Agents also searched the Duckworths' Harmon Avenue apartment. They found drugs in Mrs. Duckworth's purse and arrested both Mrs. Duckworth and Mrs. Castro who were in the apartment when agents arrived.

The government did not rely solely on the agents' testimony. Herman Franklin, Jeanne Duckworth and Junior Ray Duckworth, all involved in the conspiracy to distribute, supplied the details of the operation. Herman Franklin who lived near the Castros in Chicago, testified that, on several occasions in early 1984, he went to the Castros' home to pick up some heroin for personal use. According to Mr. Franklin, he usually obtained it from Mr. Castro but, on occasion, did business directly with Mrs. Castro. He testified that he introduced Junior Ray Duckworth to Mr. Castro in early 1984 and that he made several trips Pursuant to a plea agreement, Jeanne Duckworth testified against the Castros. She stated that she had picked up narcotics at the Castros' Chicago home from both Jose and Anna Castro. She also testified that, on the morning of July 11, 1984, she witnessed what she believed to be the preparation of drugs for delivery. Jose and Anna Castro as well as Junior Ray Duckworth were huddled in the corner of the Castros' kitchen with scales, tin foil, baggies and a shaker filled with some powder. She made several trips with the Castros to Danville. The last trip was on the day of the arrest, July 11. On that day, she accompanied Mrs. Castro and their children to the Harmon Avenue apartment to wait for Mr. Castro and Mr. Duckworth. Mrs. Duckworth also told the jury that, on the trips to Danville, the group transported packages of drugs.

to Danville with Mr. and Mrs. Castro. On at least one occasion, he observed what he believed to be a drug transaction. Mr. Franklin testified that, typically, Anna Castro remained in the car during these trips.

The key government witness was Junior Ray Duckworth. Although he claimed his memory was partially affected by an unrelated accident, he implicated both Jose and Anna Castro in the distribution operation. His testimony corroborated many of the other witnesses' statements. He testified that, after Mr. Franklin introduced him to the Castros in mid-1984, he obtained drugs from them on several occasions. Mr. Duckworth agreed to help Mr. Castro transport heroin and cocaine to Danville. According to Mr. Duckworth, Mrs. Castro knew the purpose of these trips and, with Mrs. Duckworth and the children, accompanied them to reduce suspicion. Mr. Duckworth confirmed that Mr. Castro met him at the Getty Truck Stop and sold heroin to Agent Sporich on June 29. Mr. Duckworth also testified that, on July 11, 1984, he sold the drugs to undercover Agent Sporich. Mr. Duckworth claimed that, although he had previously met the agent, he did not recognize him at the time of the sale. Mr. Duckworth stated that, during the transaction, he left the Walnut Street house and went to the Harmon Avenue apartment where Anna Castro gave him the cocaine and heroin which she had been keeping in her purse. He sold the heroin to Agent Sporich and left the cocaine in the silver station wagon, where it was recovered by agents in the search following the arrests.

Jose Castro presented no witnesses. Anna Castro, with the aid of an interpreter, testified on her own behalf. She admitted that she knew Herman Franklin and the Duckworths. She also acknowledged that she accompanied her husband on several trips to Danville. However, she claimed each trip had an innocent purpose and denied any involvement in a drug distribution operation. She also claimed that she was not aware that her husband or the Duckworths were transporting drugs to Danville. The jury chose not to credit her testimony and found both Jose and Anna Castro guilty of the counts charged against them.

On appeal, the defendants do not contest the sufficiency of the evidence against them. Instead, the defendants allege numerous trial errors. These alleged errors can be grouped into four categories. First, the judge restricted defense counsel's ability to cross-examine adequately the government's witnesses. Second, the judge made inappropriate statements to the jury. Third, the prosecutor argued facts not introduced into evidence. Finally, the judge erroneously prohibited Anna Castro from answering important questions during direct examination. We will consider each category of alleged error.

II LIMITATION ON CROSS-EXAMINATION

The defendants argue that the district judge restricted their ability to cross-examine key government witnesses. Junior Ray Duckworth provided potentially the most damaging evidence against the defendants. On appeal, the defendants cite to examples in which the court sustained government objections to a line of questions During cross-examination, Mr. Duckworth admitted that in 1979 he sold drugs to MEG agents including Agent Sporich. On separate occasions, defense counsel attempted to question both Mr. Duckworth ² and Agent Sporich ³ about their 1979 relationship. The defendants argue that, had they been permitted to ask the questions posed, the answers might have revealed that Mr. Duckworth was working in collusion with the government agents in 1984. However, Mr. Duckworth denied recognizing Agent Sporich in 1984. Tr. at 214. He blamed his poor memory on injuries sustained in a fire. The district court Similarly, the defendants argue that they should have been permitted to explore Mr. Duckworth's past employment with the DCI. Testimony revealed that, during 1983, Mr. Duckworth received compensation for assistance in several drug investigations. The court, out of the presence of the jury, gave defense counsel the opportunity to connect Mr. Duckworth's past employment to the 1984 conspiracy with the Castros. Mr. Duckworth denied any involvement with the DCI in 1984. Therefore, the court instructed defense counsel to pursue a different line of...