U.S. v. Holland
| Decision Date | 04 November 1997 |
| Docket Number | Crim. No. AMD 96-0399. |
| Citation | 985 F.Supp. 587 |
| Parties | UNITED STATES of America v. Duane HOLLAND, Daniel Hill, Donnie Montgomery, Duane Carroll, Pirrie Coates, Kevin Jones and James Deberry. |
| Court | U.S. District Court — District of Maryland |
Martin Clarke, Christine Manuelian, Asst. U.S. Attys., Baltimore, MD, for U.S.
Cyril V. Smith, Baltimore, MD, Charles G. Bernstein, Baltimore, MD, for Duane Holland.
Harold I. Glaser, John S. Deros, Baltimore, MD, for Daniel Hill.
Godwin Oyewole, Washington, DC, for Pirrie Coates.
Thanos Kanellakos, Baltimore, MD, for Kevin Jones.
Jane C. Norman, Washington, DC, for Duane Carroll.
Frederick J. Sullivan, Bowie, MD, for Donnie Montgomery.
Donald Feige, Baltimore, MD, for James Deberry.
The indictment in this case arises out of an alleged heroin and crack cocaine ("crack") conspiracy which included among its members the named defendants between May 1992 and March 1997. The conspiratorial acts allegedly included murder, use of firearms and recruitment of minors for drug distribution.1 Pending before the court are motions to dismiss based upon asserted violations of the Double Jeopardy clause, destruction of evidence, preindictment delay and "failure to state essential facts"2, as well as motions to suppress physical evidence, motions to suppress statements, motions to sever, the government's ex parte motion for a protective order, and miscellaneous other motions. On September 29 and October 1, 1997, the court held an evidentiary hearing, and all counsel were heard in argument. Certain tentative and preliminary rulings were announced during and at the conclusion of the hearing. This memorandum sets out in full those rulings and the reasons therefor.
The parties' moving papers, as supplemented by certain discovery documents, the record of other proceedings in this court and the proffers of counsel and the testimony taken at the hearing, support the following account of the factual background underlying this case. On February 7, 1993, Antonio Woodson ("Woodson") was shot and killed in the 2300 block of Nevada Street in Baltimore after he allegedly attempted to rob a drug dealer. Detectives with the Baltimore City Police Department ("Baltimore police") investigated the killing and soon arrested defendant Duane Holland ("Holland"). Although Holland was indicted by a state grand jury for Woodson's murder, the case was subsequently nolle prossed by the State's Attorney in 1993 for a lack of evidence.
Between July and October 1994, federal authorities undertook an investigation of Holland's alleged drug distribution activities in the Westport Housing Project ("Westport") area of South Baltimore, the scene of the Woodson murder. During this period, confidential informants working with the authorities ("CI") allegedly purchased crack from Holland and others.
On October 17, 1994, a storage locker, allegedly rented by defendant Daniel Hill ("Hill"), was searched pursuant to a federal search warrant, and the authorities seized approximately 78 grams of crack. Hill was arrested by federal authorities on a federal criminal complaint alleging conspiracy and distribution of crack occurring on October 6, 1994. Six weeks later, on November 17, 1994, Hill was indicted by a grand jury in this District. Count one of the indictment charged him with conspiracy to distribute and possession with intent to distribute crack between July 1994 and October 19, 1994; count two charged him with possession with the intent to distribute crack on October 17, 1994, the date of the seizure of the 78 grams from the rented locker.
Plea negotiations between the Assistant United States Attorney ("AUSA") and defense counsel led to the AUSA contacting then Baltimore City Assistant State's Attorney Martin Clarke ("Clarke") (who has since joined the United States Attorney's Office and is one of the AUSAs prosecuting the instant case) to determine if he would be interested in prosecuting the case in state court. After discussions among the AUSA, Clarke, Hill and defense counsel, an oral agreement was reached whereby Hill would plead guilty in state court to state felonies for a six year sentence. Hill entered guilty pleas on February 2, 1995, in the Circuit Court for Baltimore City, to distribution of cocaine and conspiracy to distribute cocaine on October 6, 1994; he received the anticipated six year sentence. Fifteen days later, on February 17, 1995, the federal indictment was dismissed.
Apparently, there was an extended hiatus as to any federal interest in on-going narcotics distribution activity in the Westport area during 1995. It is not entirely clear as to what the level of state interest might have been in 1995, although it is clear that local law enforcement officers were active to some degree in the area.
In any event, on February 8, 1996, Baltimore police executed a state search warrant at 2628 Maisbury Court in Westport. During execution of the warrant, Detective Anthony Barksdale ("Barksdale") allegedly observed Holland hand a clear bag to defendant Donnie Montgomery ("Montgomery"), and heard Holland tell Montgomery to flee. Montgomery allegedly ran upstairs and threw the bag into a second floor bathroom. The house was secured, and Baltimore police took photos of the interior of 2628 Maisbury Court before and after the search. As a result of the search, Baltimore police allegedly seized, among other items, 83 ziplock bags of crack from the second floor bathroom. Although others were present at 2628 Maisbury Court, only Holland and Montgomery were arrested by Baltimore police.
Federal agents were informed of the February 8, 1996, seizure of crack, and in the summer of 1996, after a witness came forward with additional information, the FBI decided to adopt the case. A federal grand jury investigation was initiated.
On August 20, 1996, a CI allegedly purchased 20 gelcaps of heroin from defendants Duane Carroll ("Carroll") and Pirrie Coates ("Coates"). Two months later, on October 23, 1996, Carroll and Coates were indicted in this District for distribution of heroin. Count one of the indictment charged both Carroll and Coates with distribution of heroin on August 20, 1996; count two charged Carroll with distribution of cocaine on September 25, 1996. The case was tried before the Honorable Herbert N. Maletz and a jury from January 6 through 8, 1997. Evidence of a conspiracy involving Carroll, Coates and others (including Holland) was introduced by the government in an attempt to provide an evidentiary foundation for the introduction of audiotapes said to contain statements of co-conspirators. Ultimately, Coates was acquitted of the August 20, 1996, distribution charge upon the granting of a motion for judgment of acquittal at the conclusion of the government's case; Carroll, however, was convicted and sentenced to 33 months imprisonment as to both counts, to be served concurrently. U.S. v. Carroll, 966 F.Supp. 392, 394 (D.Md.1997) () (Maletz, S.J.). Prior to Carroll's sentencing, Carroll and Coates were indicted for conspiracy in the instant case.
Meanwhile, on December 10, 1996, (upon return of the original one-count indictment in this case) Holland's counsel and AUSA Gregory Welsh entered into a discovery agreement. On December 18, 1996, Holland's counsel requested in writing that the government produce all photographs taken at 2628 Maisbury Court, which were referred to in documents produced to Holland in discovery. On January 7, 1997, Holland's counsel again requested, in writing, that the photographs be provided. By letter dated January 16, 1997, AUSA Clarke advised defense counsel that "[y]ou may call Detective Anthony Barksdale of the Baltimore City Police . . . to arrange a mutually agreeable time to view the photographs of the house where you [sic] client was arrested." Upon receipt of the letter, Holland's counsel contacted AUSA Clarke and asked whether the government could provide copies of the photographs, as they were important to the preparation of Holland's defense. Holland's counsel informed AUSA Clarke that the house in question had been reclaimed by the Housing Authority and was "boarded up." AUSA Clarke indicated that he would ask Baltimore police if copies could be provided. On January 21, 1997, AUSA Clarke telephoned defense counsel and stated that the photographs and the negatives had at all times been in the possession of the Baltimore police but were lost.
On March 5, 1997, a federal search warrant was executed at 1669 Vincent Court, which was allegedly the residence of defendant Daniel Hill. A 9mm handgun, a scale with cocaine residue, and an empty gelcap were recovered.
Additional facts are provided as appropriate below.
Carroll and Coates argue that the instant prosecution for conspiracy to distribute and conspiracy to possess with the intent to distribute heroin and crack violates the Double Jeopardy Clause of the Fifth Amendment in that it is effectively a reprosecution of the same charges involved in the January 1997 trial before Senior Judge Maletz. Hill argues, in a related fashion, that the instant prosecution violates the Double Jeopardy Clause because it is a reprosecution of the charges which were dismissed against him in federal court, in connection with which he pleaded guilty to state charges in state court in 1995.
The Double Jeopardy Clause of the Fifth Amendment provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." It provides protection both against cumulative punishments and against successive prosecutions, while providing criminal defendants with a measure of finality. Brown v. Ohio, 432 U.S. 161, 165, 97 S.Ct. 2221, 2225, 53 L.Ed.2d 187 (1977).
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U.S. v. Holland
...house and 83 ziplock bags containing crack. For the reasons explained in detail in my prior opinion in this case, United States v. Holland, 985 F.Supp. 587, 599-601 (D.Md.1997), I denied defense motions to suppress evidence obtained in connection with the February 8, 1996 seizure. After his......
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Burns v. Lafler, CIV.03-40189.
...violated when a pre-indictment delay is justified by the prosecution's discovery of a previously unknown witness. United States v. Holland, 985 F.Supp. 587, 598 (D.Md.1997). Under the circumstances, Petitioner is unable to establish that the delay was intentionally done to obtain a tactical......
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USA. v. Montgomery
...was ever sworn in a trial of the 1994 federal charges" nor did Hill enter a "guilty plea in federal court" to those charges. Holland, 985 F. Supp. at 593. Accordingly, jeopardy never attached with respect to the 1994 federal With regard to the state plea, even though one overt act in Hill's......
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Ogun v. United States
...or manipulated'" by the other sovereign. United States v. Montgomery, 262 F.3d 233, 238 (4th Cir. 2001) (quoting United States v. Holland, 985 F. Supp. 587, 594 (D. Md. 1997)). The Petitioner was indicted by a federal grand jury on January 10, 2010, after his state charges were nolle prosse......