U.S. v. Honken, CR 01-3047-MWB.
Citation | 378 F.Supp.2d 880 |
Decision Date | 29 January 2004 |
Docket Number | No. CR 01-3047-MWB.,CR 01-3047-MWB. |
Parties | UNITED STATES of America, Plaintiff, v. Dustin Lee HONKEN, Defendant. |
Court | U.S. District Court — Northern District of Iowa |
Alfredo G. Parrish, Parrish, Kruidenier, Moss, Dunn, Montgomery, Boles & Gribble, LLP, Des Moines, IA, Charles Myers Rogers, Wyrsch, Hobbs & Mirakian, PC, Kansas City, MO, Leon F. Spies, Mellon & Spies, Iowa City, IA, for Defendant.
Charles J. Williams, Patrick J. Reinert, U.S. Attorney's Office Northern District of Iowa, Cedar Rapids, IA, Thomas Henry Miller, AAG, Des Moines, IA, for Plaintiff.
In this death penalty case, involving the alleged murder of five witnesses to the defendant's drug-trafficking or other alleged criminal conduct,1 the government has moved the court to empanel an "anonymous" jury to protect the jury from the alleged threat to their safety posed by the defendant and his associates. The defendant, however, contends that such a step would deprive him of the presumption of innocence and impede his ability to obtain a fair and impartial jury by means of effective voir dire. He also contends that 18 U.S.C. § 3432 demonstrates Congress's recognition that, even in a capital case, a defendant is entitled to know the identity of the people who will determine his guilt or innocence. The question presented thus requires a delicate balancing of competing interests. The court held a hearing on the motion for an anonymous jury on January 17, 2004, and now enters this written ruling on that motion and related issues.
The pertinent background to the government's motion for an anonymous jury in this case begins with a survey of the various prosecutions of defendant Dustin Lee Honken in this judicial district. Honken was first prosecuted for drug-trafficking offenses in this district in 1993 in Case No. CR 93-3019 ("the 1993 case"). As the Eighth Circuit Court of Appeals explained,
In April 1993, a grand jury in the Northern District of Iowa indicted appellee for conspiracy to distribute methamphetamine. After the disappearance of one or more prospective prosecution witnesses, the government dismissed the indictment.
United States v. Honken, 184 F.3d 961, 963 (8th Cir.), cert. denied, 528 U.S. 1056, 120 S.Ct. 602, 145 L.Ed.2d 500 (1999). Thus, the first prosecution of Honken in this district did not lead to a conviction.
Honken was again indicted on drug-trafficking charges on April 11, 1996, this time with co-defendant Timothy Cutkomp, in Case No. CR 96-3004-MWB ("the 1996 case"). Count 1 of the Indictment in the 1996 case charged Honken and Cutkomp with conspiracy to distribute, manufacture, and attempt to manufacture 1000 grams or more of a mixture or substance containing a detectable amount of methamphetamine and 100 grams or more of pure methamphetamine. Indictment in Case No. CR 96-3004-MWB (N.D.Iowa). Count 2 of the original Indictment in the 1996 case charged Honken with possessing and aiding and abetting the possession of listed chemicals, in violation of 21 U.S.C. § 841(d) and 18 U.S.C. § 2, and Count 3 charged possession and aiding and abetting the possession of drug paraphernalia intending to use such paraphernalia to manufacture and attempt to manufacture methamphetamine and listed chemicals, in violation of 21 U.S.C. § 843(a)(6) and 18 U.S.C. § 2, respectively. Id., Counts 2 & 3. A superseding indictment filed later in the 1996 case restated the first three charges and added a fourth charge of attempting to manufacture methamphetamine. See Superseding Indictment in Case No. CR 96-3004-MWB (N.D.Iowa). Eventually, in 1997, Honken pleaded guilty to the conspiracy charge and the charge of attempting to manufacture methamphetamine, i.e., Counts 1 and 4, and the government dismissed Counts 2 and 3. See, e.g., Honken, 184 F.3d at 963. Honken is now serving his sentence on Counts 1 and 4 in the 1996 case.
The present prosecution began with the filing of a seventeen-count indictment against Honken on August 30, 2001, which brought a variety of charges arising from Honken's alleged murder and solicitation of murder of witnesses to his alleged drug-trafficking and other criminal activity, which had, for example, allegedly brought the 1993 prosecution to its abrupt conclusion and had been intended to impede prosecution of the 1996 case. On August 23, 2002, a Superseding Indictment was handed down in this case, amending Counts 8 through 17. See Superseding Indictment (docket no. 46). Because the government relies, in part, on the allegations in the Superseding Indictment as grounds for empaneling an anonymous jury, the court will examine the charges in this case in more detail.
Counts 1 through 5 of the Superseding Indictment charge "witness tampering." More specifically,...
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