U.S. v. Chandler
| Citation | 950 F.Supp. 1545 |
| Decision Date | 17 December 1996 |
| Docket Number | No. CR90-H-266-E.,No. CV95-H-8006-E.,CR90-H-266-E.,CV95-H-8006-E. |
| Parties | UNITED STATES of America v. David Ronald CHANDLER, a/k/a Ronnie Chandler. |
| Court | U.S. District Court — Northern District of Alabama |
Presently before the Court is defendant Chandler's motion, pursuant to 28 U.S.C. § 2255 and Rule 33, Fed.R.Crim.P., to vacate his conviction and sentence and for a new trial. This motion has been amended several times; the most recent version of the motion was filed on October 10, 1995, and this version was amended to add one new claim on January 18, 1996.
David Ronald Chandler was convicted in this Court on April 2, 1991 on all nine counts of a superseding indictment. Count I of the indictment charged Chandler (along with 15 codefendants) with conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana or more than 1,000 marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(vii), and 846. Count II charged Chandler with engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848(a). Counts IV and V charged Chandler with using a firearm in furtherance of the commission of drug offenses, in violation of 18 U.S.C. § 924(c)(1). Counts VI through IX charged Chandler with various money laundering transactions under 18 U.S.C. § 1956(a)(1). Finally, and most significantly, Chandler was charged in Count III of committing a murder in connection with a continuing criminal enterprise, in violation of 21 U.S.C. § 848(e)(1)(A). The government sought the death penalty under Count III, and on April 3, 1991, the jury unanimously found that Chandler should receive the death penalty. Chandler appealed his conviction, and the Eleventh Circuit affirmed on July 19, 1993. See United States v. Chandler, 996 F.2d 1073. Chandler's motion for rehearing and rehearing en banc was denied on September 30, 1993, and the Supreme Court denied certiorari on June 20, 1994. See 512 U.S. 1227, 114 S.Ct. 2724, 129 L.Ed.2d 848. On March 20, 1995, Chandler filed his petition to vacate his conviction and sentence and for a new trial pursuant to 28 U.S.C. § 2255 and Rule 33, Fed.R.Crim.P. After several amendments, that petition raises approximately 90 grounds for relief.
What follows is a synopsis of the evidence that was presented at Chandler's trial. After discussing that evidence, the Court will summarize the course of proceedings that has occurred so far with regard to Chandler's § 2255/Rule 33 motion, followed by a disposition on the merits of approximately two-thirds of the claims raised in the motion, numbered III D through III O. The remaining claims, numbered III A through III C, are the subject of a separate Order entered this day.
Paul Watson, one of Chandler's co-conspirators, began the government's case by testifying about the details of Chandler's marijuana dealings in 1989 and 1990. Watson testified about six runs to Texas to procure various amounts of marijuana ranging from 30 to 200 pounds; these trips were made by Charles Ray Jarrell, Richard Fields, or both. (Tr. 3-57 to -72).1 On one trip, Fields was stopped and arrested with $106,000 in cash while on his way to make a purchase in Texas. (Tr. 3-71 to -72).2
Watson also testified about obtaining approximately 100 pounds of marijuana for Chandler from Fred Moncrief, another co-conspirator. (Tr. 3-74 to -76). After these transactions, Watson and Chandler arranged to purchase an additional 100 pounds of marijuana from Moncrief, and the two headed to Georgia (where Moncrief lived) on May 30, 1990 with approximately $85,000 to make the purchase. (Tr. 3-78 to -81). As it turned out, Moncrief's source for the marijuana was Georgia Bureau of Investigation Agent Patrick Skinner, and Moncrief, Chandler, and Watson were all arrested on May 30 by the Georgia authorities. (Tr. 3-84 to -85).3
Watson also testified about some other, smaller transactions in which he purchased five to ten pounds of marijuana from Chandler on each of several occasions. (Tr. 3-100 to -108). Watson related a conversation he had with Chandler regarding the cultivation of marijuana, in which Chandler told Watson that he usually planted around 5,000 marijuana plants per year. (Tr. 3-109).
Charles Ray Jarrell, Sr., also testified about Chandler's marijuana dealings. Jarrell testified that he was living with Chandler, doing odd jobs, and Chandler employed him to guard two marijuana patches. (Tr. 3-186 to -88).4 Jarrell also testified that he drove Chandler and Bobby J. Steed (another co-conspirator) out into the woods so that Chandler and Steed could dig several hundred marijuana patches. (Tr. 3-191 to -94). Jarrell stated that the three men recorded the locations of these patches in notebooks that they kept, with each man using a different code that only that person understood. (Tr. 3-194). Charles Ray also testified about the details of the several marijuana runs he and Richard Fields had made to Texas for Chandler. (Tr. 3-196 to -219).5
Waylon Motes, like Charles Ray Jarrell, testified about Chandler's marijuana growing activities. Motes stated that he had helped Chandler prepare and fertilize approximately 100-125 marijuana plots. (Tr. 4-173 to -176). Motes testified that Chandler kept track of these plot locations by recording them in a small notebook. (Tr. 4-176 to -177). After preparing marijuana seeds for planting, Motes testified that he and Chandler planted "several thousand" marijuana plants at these prepared locations in the woods. (Tr. 4-179 to -84). Eventually, Motes and Chandler harvested the plants and stored the prepared marijuana in buried trash cans. (Tr. 4-187 to -191). Motes testified that Chandler arranged for the sale of the marijuana, and that Motes' share of the profit was $65,000. (Tr. 4-192 to -193).
Further evidence of Chandler's growing activities came from Johnny Lowe, an employee of a farming cooperative in Georgia. Lowe testified that Chandler had, on each of two occasions, purchased 10,000 pounds of slow release fertilizer from Lowe's employer, with the sales being arranged by Lowe. (Tr. 5-228 to 229). Another employee of the cooperative, Albert Lindsey, testified about delivering the two loads of fertilizer to Chandler in Piedmont. (Tr. 6-19 to -25).
Jay Howell, an Alabama narcotics officer, testified about participating in a search of Bobby J. Steed's residence, at which time he found a notebook. (Tr. 7-59 to -62). Howell testified that Charles Ray Jarrell assisted him in visiting 20 of the marijuana plot locations described in the notebook. (Tr. 7-62 to -84). Howell catalogued the number of plants found at each location, compared those numbers to those in the notebook, and testified that there was a "rough correspondence" between the numbers in the notebook and those in the 20 plots visited. (Tr. 7-79). Howell testified that, from examining the notebook, it appeared to list the locations of 110 marijuana plots, totaling 5,083 plants. (Tr. 7-80 to -81).
One person who sold marijuana for Chandler was Donna Shuler. See generally Tr. 463 to -67 (testimony of Raymond Pointer); 5-123 to -33 (testimony of James Emigh). On several occasions, Marlin Shuler, Donna Shuler's ex-husband, had complained to Ricky Doyal, the Piedmont Chief of Police, about Donna Shuler's drug trafficking activities. (Govt's Ex. 73). Based in part on Marlin Shuler's information, Doyal obtained and executed a search warrant for Donna Shuler's residence, see Govt's Ex. 74, marijuana was found, and Donna Shuler was arrested. See generally Tr. 7-43 to -46. At a pretrial proceeding, Donna Shuler was represented by attorney William Broome, who obtained a copy of the search warrant and Doyal's supporting affidavit and gave these to her. (Tr. 7-121 to -29). Contained in Doyal's affidavit was a statement that Marlin Shuler had complained three times about Donna Shuler's illegal activities. (Govt's Ex. 73). Donna Shuler later obtained a second copy of the search warrant and affidavit, claiming that she had misplaced the copies she had previously received. (Tr. 7-128 to -129).
The government then offered evidence indicating that Donna Shuler had communicated the contents of Doyal's affidavit to Chandler. Through witness Tim Whatley (a law enforcement official who participated in a search of Chandler's residence), the government introduced "the Calvin Klein advertisement," a scrap of paper found in Chandler's home that had notes written on it. (Tr. 8-36; Govt's Ex. 85). Among many other words scattered on the Calvin Klein ad were the words "Bill Broome" and "copy of police report." (Govt's Ex. 85). The government later argued that these entries suggested that Chandler had received a copy of the police report and other documents from the search of Donna Shuler's residence. (Tr. 10-168). In addition, Raymond Pointer testified that Chandler had told him that Marlin Shuler was a "rat" who couldn't be trusted, because Shuler had "supposedly gone and busted somebody in Piedmont." (Tr. 4-75 to -77).
The government then proceeded to present evidence that Chandler had solicited the murder of Shuler in retaliation for Shuler's cooperation with the Piedmont Police. Raymond Pointer testified that Chandler had offered him $5,000 to kill Shuler, and also offered to pay Pointer to kill Ricky Doyal. (Tr. 4-76). In addition, another potential victim, Kathy Jarrell, was mentioned, "[b]ecause she was supposed to be in on it with Marty [Marlin Shuler] on telling on Donna." (Tr....
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