U.S. v. Crumpton, 96-CR-419-D.

• Decision Date: 29 June 1999
• Docket Number: No. 98-CR-260-D.,No. 96-CR-419-D.,96-CR-419-D.,98-CR-260-D.
• Citation: 54 F.Supp.2d 986
• Parties: UNITED STATES of America, Plaintiff, v. Michael Andre CRUMPTON, Lateshia Harden, Darien Hunter, and Devon Camack, Defendants.
• Court: U.S. District Court — District of Colorado

54 F.Supp.2d 986

UNITED STATES of America, Plaintiff, v. Michael Andre CRUMPTON, Lateshia Harden, Darien Hunter, and Devon Camack, Defendants.

No. 96-CR-419-D.

No. 98-CR-260-D.

United States District Court, D. Colorado.

June 29, 1999.

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COPYRIGHT MATERIAL OMITTED

Stephanie Podolak, Assistant U.S. Attorney, Denver, CO, for plaintiff.

Charles A. Agbakwu, Aurora, CO, Nina A. Iwashko, Canges, Iwashko & Bethke, P.C., Denver, CO, Steven M. Feder, Harold R. Bruno, III, Smith McCullough, P.C., Denver, CO, Charles W. Elliott, Denver, CO, for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO DEFENDANTS' MOTIONS CHALLENGING THE USE OF INFORMATION OBTAINED THROUGH COURT AUTHORIZED WIRETAPS

DANIEL, District Judge.

THIS MATTER is before the Court on motions filed by the defendants to suppress information obtained as a result of wiretaps authorized by orders of this Court. A two day hearing was held on November 19 and November 20, 1998. This case involves a drug conspiracy that was allegedly created and implemented by the defendants. Through a Second Superseding Indictment filed on May 20, 1998, Defendant Michael Crumpton was charged with one count of knowingly and intentionally conspiring to distribute and possess cocaine and crack cocaine, three counts of knowingly and intentionally distributing and possessing cocaine and crack cocaine, one count of knowingly and intentionally attempting to possess with the intent to distribute cocaine, and one count of knowing and wilful use and possession of a firearm during and in relation to a drug trafficking crime. Defendant Lateshia Harden was charged with one count of knowingly and intentionally conspiring to distribute and possess cocaine and crack cocaine, and one count of knowingly and intentionally distributing and possessing crack cocaine. Defendant Darian Hunter was charged with one count of knowingly and intentionally conspiring to distribute and possess cocaine and crack cocaine, one count of knowingly and intentionally distributing and possessing cocaine and crack cocaine, and one count of knowing and wilful use and possession of a firearm during and in relation to a drug trafficking crime. Finally, on June 25, 1998 Defendant Devon Camack was charged with two counts of knowing and intentional use of a communications facility to commit and facilitate the commission of crack cocaine possession and distribution, and three counts of knowing and intentional possession with the intent to distribute of crack cocaine. This Order decides the suppression issues.

FACTUAL BACKGROUND

The Pre-Wiretap Investigation

This prosecution of these defendants emanates from the actions of the Metro Gang Task Force ("MGTF"). Case agents who worked on the investigation included FBI Special Agent Clyde Langley ("Agent Langley"), who had approximately 4 years and hundreds of hours training as a narcotics officer; Aurora Police Officer Mark Finnin ("Agent Finnin"), who had approximately 13 years training in gang and narcotics related investigations; and Arapahoe County Deputy Sheriff Shauna Volz ("Deputy Volz"). (Government's Wiretap Exhibit 1 at the hearing, ¶¶ 1-2, Transcript T. 10-12). By the summer of 1995, officials of the Sierra Vista Apartments in Aurora, Colorado informed law enforcement about large scale drug dealing and increased acts of violence on the premises. (T. 13).

To aid in the investigation, the case agents decided to enlist the assistance of Pamela Long ("Informant Long"), who was a paid confidential informant. Informant Long moved into the complex in order to make contact with those persons involved in the drug distribution activities. The case agents were aware that Informant Long had been a crack cocaine user and that some of the potential targets of the case might know her and deal with her because of her prior drug usage. (Exhibit 1, ¶ 11, T. 13-14).

Informant Long lived at Sierra Vista from approximately July, 1995, to approximately December, 1995. Informant Long's rent was paid by MGTF and she received a small monthly allowance. (T. 264). Shortly after Informant Long moved into the complex, she began providing the case agents with information about others who were distributing and supplying cocaine and crack cocaine in the complex.

By November 1995, based on information supplied by Ms. Long, the "targets" of the investigation became Larry Moore, a/k/a "Captain,"¹ and his suppliers and distributors including Ronald Johnson, a/k/a "Hollywood," Victor Handy, and Ernest L.C. Robison.² According to Informant Long, this group had been engaged in drug dealing since the late 1980's and was responsible for supplying large quantities of crack cocaine in Denver and Aurora, Colorado. Moore was the leader of the group, Robison was his right hand man, and Handy and Johnson arranged and brokered deals for Moore and others. (Exhibit 1, ¶¶ 12-13, T. 13-14). Informant Long learned at this time that Robison's girlfriend, Lisa Hatcher,³ was also involved in crack cocaine distribution with Robison. This information was reported to the case agents.

Over time, Informant Long gained the trust of some of the members of the organization and was able to infiltrate to the point where she could make controlled buys of small amounts of crack cocaine. For example, in November 1995, Informant Long made a controlled purchase of 6.5 grams of crack cocaine from Robison and a purchase of 2.1 grams of crack from Handy. (Exhibit 1, ¶¶ 17, 45, T. 21). The agents conducted surveillance in connection with these controlled purchases in an effort to learn who was supplying Handy and Robison with crack cocaine. This surveillance, however, did not uncover the identity of the source(s). (Exhibit 1, ¶¶ 115-117, T. 22).

On November 29, 1995, Informant Long provided a lead on a potential source when she advised the case agents that she had driven Robison to meet with someone named "Tarzan." After the meeting, Robison showed her ¼ ounce of crack that he had purchased from Tarzan. (Exhibit 1, ¶ 118). The case agents later identified Tarzan as Thaddeus Martin, who was arrested in March 1996, for possession with the intent to distribute cocaine. Martin refused to cooperate following his arrest. (T. 22-23).

In mid-December 1995, the case agents solicited the help of a second confidential informant identified as Patricia or Patty Heck ("Informant Heck"). Like Informant Long, Informant Heck was also a former crack cocaine user who knew some of the members of the organization. Informant Heck was able to supply information about Handy, Johnson and Robison and was able to infiltrate the organization to the point where she too could buy small quantities of crack cocaine from them. For example, on December 16, 1995, Informant Heck purchased ½ gram of crack from Johnson. (Exhibit 1, ¶¶ 22-29, T. 26-27).

Although Informant Heck had provided information about an apartment that Handy, Johnson and Robison were using, the case agents concluded that they lacked probable cause to obtain a search warrant for the apartment because it was unclear who was using the apartment and whether drugs were actually being stored there. (Exhibit 1, ¶¶ 125-126). On December 27, 1996, Informant Heck set up a controlled buy from Robison and, on that day, attempted to introduce an undercover agent, Deputy Volz, to Robison. Although the controlled purchase of 2.05 grams of crack was successful, Robison became leery of dealing directly with or speaking with Deputy Volz and tried to conduct the transaction solely through Informant Heck. Robison never offered to deal with Deputy Volz independently of Informant Heck. (Exhibit 1, ¶¶ 31, 121, T. 27-28).

The case agents continued to conduct surveillances in connection with Informant Heck's activities in order to learn the identity of the drug source, but they were not successful. (Exhibit 1, ¶¶ 115-117). Although the case agents believed that they had enough information to arrest Robison based on the two controlled purchases, they decided against this course of action because they had not identified the source of drugs to Robison and others in the organization, did not know the identity of those persons in the upper echelons of the organization, and did not want to compromise the ongoing investigation. (T. 23-25).

On January 3, 1996, the case agents interviewed a third confidential informant who was identified as Derrick Everidge ("Informant Everidge"), an admitted drug dealer in the Denver area. Informant Everidge was able to provide some historical information on Johnson, Moore and Robison and was able to supply the case agents with Moore's telephone number. (Exhibit 1, ¶¶ 31-41). Informant Everidge told the case agents, however, that he should not buy from Moore because Informant Everidge was in a higher position in the distribution hierarchy and to do so would look out of place and create suspicion. (T. 29-30).

In an effort to set up a controlled purchase of crack cocaine, on January 9, 1996 Informant Heck made a monitored phone call to Handy. Handy advised that Robison was due in at 3:00 a.m. on his return from California, and that another "party" was planned for the following evening. (Exhibit 1, ¶¶ 46-48, T. 30). In an effort to corroborate Informant Heck's information, the MGTF case agents arranged for Informant Long to contact Handy. During the taped conversation, Handy reiterated that Robison would be returning "with a load" around 3:00 that morning. Informant Long asked how much Robison would be picking up and Handy responded that he was unsure. Handy further stated that Robison was taking a risk flying back and forth as this was Robison's sixth crack importation trip from California. (Exhibit 1, ¶ 49, T. 30-31).

On January 9, 1996, the case agents contacted the Denver Police Narcotics team located at Denver International Airport. Officer Chavez of the Narcotics team advised that he had verified that Robison was aboard a flight to arrive from Ontario,...