U.S. v. Cooper

• Decision Date: 01 February 2000
• Docket Number: No. Crim. 99-0266 (JHG).,Crim. 99-0266 (JHG).
• Parties: UNITED STATES of America v. Carl COOPER, Defendant.
• Court: U.S. District Court — District of Columbia

Page 1

85 F.Supp.2d 1

UNITED STATES of America v. Carl COOPER, Defendant.

No. Crim. 99-0266 (JHG).

United States District Court, District of Columbia.

February 1, 2000.

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Steven R. Kiersh, Washington, DC, Francis Darron Carter, Washington, DC, for Carl Cooper, defendant.

Kenneth Leonard Wainstein, U.S. Attorney's Office, Washington, DC, for U.S.

MEMORANDUM OPINION AND ORDER

JOYCE HENS GREEN, District Judge.

The 48-count indictment charging defendant, Carl Cooper ("Cooper"), with various racketeering acts of robbery, murder, conspiracy and firearms offenses was filed on August 4, 1999, and a jury trial has been scheduled for April 10, 2000. Mr. Cooper is eligible to receive the death penalty for three of the charged offenses. The record reflects that the defense was to have presented its position on the death penalty to the Attorney General of the United States on January 24, 2000. The Attorney General has not made a decision as to whether the government will pursue that ultimate penalty.

Currently before the Court are Cooper's four motions to suppress statements, wire interceptions, physical evidence and photographic identification. On January 12, 13, 18 and 19, 2000, the Court heard testimony from four government witnesses and one witness called by the defense on the motion to suppress statements, and from one government witness on the motion to suppress photographic identification. As is his constitutional right, Cooper did not testify or provide an affidavit. In addition, the Court heard argument from counsel on all four motions. Based on the pleadings filed by the parties, the argument and testimony given in open Court, and all matters considered, for the reasons discussed below, each of the four motions is denied.

I. Motion to Suppress Statements

Mr. Cooper was arrested by FBI agents outside of his home in the District of Columbia on March 1, 1999 pursuant to an arrest warrant issued by Commissioner Gary F. Byrd of Prince George's County, Maryland ("PG County"). The arrest warrant was based on Cooper's alleged involvement in the 1996 shooting and robbery of PG County police officer Bruce Howard. Cooper made verbal statements to FBI agents while in their custody from the time of his arrest until his extradition hearing the following afternoon in the Superior Court of the District of Columbia. After the extradition hearing, Cooper was transported to PG County where he gave several verbal statements, and seven written statements (plus a correction) to PG County police officers. He was then returned to the District of Columbia where he gave additional verbal statements to the FBI agents. He seeks to have all of his statements suppressed.

A. Background

Witnesses for the government included FBI Special Agent Bradley Garrett ("S/A Garrett" or "Garrett"), PG County Detective Richard Fulginiti ("Det. Fulginiti" or "Fulginiti"), PG County Sergeant Joseph McCann ("Sgt. McCann" or "McCann"), and PG County Detective Troy Harding ("Det. Harding" or "Harding"). The defendant called FBI Special Agent Stephanie Yanta ("S/A Yanta" or "Yanta"). The Court has observed the demeanor and heard the testimony of these witnesses, and finds each of the five to be highly credible and extremely persuasive.¹ The testimony of these officers was thoughtful, unhesitating, calm, and fully consistent with not only the officer's own individual prior memorializations, but also with each other's testimony.

1. Interview at the FBI Field Office

On March 1, 1999 at approximately 6:20 p.m., Cooper was in his automobile with his five-year old son in front of his house in Northeast Washington when Agent Garrett and FBI Special Agent Bob Oxley ("S/A Oxley" or "Oxley") pulled up next to Cooper and, after Cooper exited the vehicle, placed him under arrest.² According to Garrett, every effort was made not to handcuff Cooper in front of his son. There was no force used during the arrest, and Cooper did not resist in any fashion. In fact, Cooper later thanked Garrett for being "low-key" about the arrest. The media was present when Cooper was arrested, although it is not clear who contacted them.

Cooper was transported to the FBI Field Office in Northwest Washington by Garrett and Oxley, where he was questioned from approximately 8:20 p.m. until 3:24 a.m. Several individuals, including Detective James Trainum from the Metropolitan Police Department ("Det. Trainum" or "Trainum"), S/A Yanta, Sgt. McCann, Assistant United States Attorney Kenneth L. Wainstein ("AUSA Wainstein"), and United States Attorney Wilma A. Lewis, observed all or a portion of the interview through a television monitor and speaker in a nearby room. With the exception of AUSA Wainstein, none of these individuals entered the interview room. Cooper could not see these individuals, nor was he advised they were there. It was S/A Yanta's responsibility to take notes of the entire interview. She wore a headphone and focused on what was occurring in the interview room. Her handwritten notes, as well as the FBI FD-302 investigative report she prepared, were admitted into evidence at the hearing on Cooper's motion to suppress statements.

S/A Garrett testified that Cooper's restraints were removed when he entered the room. As part of the booking process, Cooper was asked some preliminary information concerning his family and employment history and criminal background. He advised the agents he was concerned about the effect his arrest would have on his job. During this booking process, Cooper volunteered that he had conferred with a lawyer who advised him that all the evidence against him was circumstantial, and he stated he wanted to take a lie detector test.³ Garrett was unclear whether Cooper was talking about the shooting of Officer Howard, the Starbucks murders, or some other aspect of the case.⁴ S/A Garrett told Cooper they would talk about it after they finished the booking process.

At approximately 9:00 p.m., Garrett told Cooper he was being charged with the 1996 shooting and robbery of an off-duty police officer in PG County. After Cooper denied his involvement in that incident, Garrett told Cooper he wanted to talk about Starbucks. Cooper wanted to talk, and signed a written Miranda waiver, which Garrett had also read verbally to Cooper. Garrett testified that Cooper did not hesitate in any manner when he reviewed and signed the Miranda waiver, nor did he express any concern about what he was doing. Cooper denied involvement in the Starbucks case, claiming murder was "not his style." He said the victims at Starbucks could have been controlled by hitting them in the head or using pepper spray. Cooper admitted past involvement in robberies and narcotic sales, and when asked why his name kept coming up in connection with Starbucks, he claimed it was because of his reputation in the community as a robbery consultant. Cooper stated people are motivated to name him because of the reward being offered, and also because informants could make deals to help themselves.

Cooper acknowledged that he has in the past gone with his family into the Starbucks store where the murders occurred. He did not recall being in the store the weekend the murders happened and, when asked by Garrett why his fingerprints were found inside the store after the murders, he had no explanation.⁵ Cooper said he went to the Starbucks about two weeks after the murders and put flowers on the memorial. He stopped going because too many people were accusing him of committing the murders and he did not want to be perceived as a criminal returning to the scene of the crime. Cooper stated that he never knew anybody who worked for Starbucks and that he would never commit a crime in Georgetown because of the large volume of people and police on the streets. Cooper stated that two individuals who were his close associates came to him for advice on robbing the Georgetown Starbucks. Cooper said he counseled these individuals against robbing that Starbucks. He thought they robbed a tire place in Maryland instead.⁶ Cooper was concerned about being perceived as a snitch and possibly getting killed. S/A Garrett testified that up to this point in the interview, Cooper was "upbeat, positive, very verbal, you know, wanting to express, you know, his thoughts and ideas and beliefs very freely and voluntarily." Tr. (1/12/00) at 41:24-42:4.

At approximately 11:24 p.m., Cooper became emotional, cried, appeared "defeated," and said he wanted to go to PG County to "get this over with."⁷ This "despondent phase," as S/A Garrett termed it, lasted no more than five minutes, and is "common in people who want to admit what they've done." Tr. (1/12/00) at 235:5-11. Garrett talked some more to Cooper and asked him if he still wanted to take a polygraph. Cooper responded "I just want to go back. I'm in it for life. I'm in dirt. Every time somethin' goes down, I'm in it. I'm destined to do dirt. I quit. I know what I've done. I'm constantly trying to defend myself, defend my name." Govt.Exh. 1 at 8. He then denied his involvement in both the shooting of Officer Howard and the Starbucks murders, claiming "talkin' to you [Garrett] isn't gonna help me out. I'm tired. I'm tired of the bullshit. I can't do right. I didn't do this shit, I didn't do the P.G. shit." Govt.Exh. 1 at 9. Garrett continued to talk to Cooper, asking him what it would take "for [Cooper] to tell us what you've done in the last six (6) years." Id. Cooper replied that he did not do the crimes he is being accused of, that he was careful to cover his tracks or avoid detection whenever he committed a crime, and, that everything he did, he did by himself. Cooper was asked if he still wanted to take a polygraph, and replied "no," that there was "no point."

Cooper and Garrett continued to converse about Cooper's participation in robberies in general, with Cooper stating that he did not see any reason to wear a mask, that he...