U.S. v. Jordan
| Citation | 591 F.Supp.2d 686 |
| Decision Date | 29 December 2008 |
| Docket Number | No. S2 08 Cr. 124 (DLC).,S2 08 Cr. 124 (DLC). |
| Parties | UNITED STATES of America, v. Joseph Ray JORDAN, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Howard Master, Daniel Stein, Assistant United States Attorneys, United States
Attorney's Office, Southern District of New York, New York, NY, for the United States of America.
Henry J. Steinglass, New York, NY, for Defendant Joseph Ray Jordan.
Defendant Joseph Ray Jordan ("Jordan") was indicted on February 14, 2008, and is charged in a twelve-count superseding indictment ("Indictment") filed on August 26, 2008. Trial on five of the counts, the counts related to witness tampering and transmitting threatening communications, began on October 6, 2008.1 The jury reached its verdict on October 16, finding Jordan guilty on all five counts. Jordan has now moved pursuant to Rules 29 and 33, Fed. R.Crim. P, to set aside the verdict on these five counts and to dismiss the counts or, in the alternative, to grant a new trial. For the following reasons, the motion is denied.
The motion presents a myriad of issues, although it emphasizes three: that the Court deprived Jordan of his right to represent himself; that there was insufficient evidence to support the verdict on the three threat counts; and that defense counsel did not consult with Jordan sufficiently regarding the decision to testify at trial. This Opinion will therefore begin with a recitation of the defendant's communications with the Court on the issue of self-representation before summarizing the evidence at trial.
Jordan was arrested on January 11 on a fugitive warrant from Connecticut, and was held in state custody until March 3, when he was brought into federal custody on the original indictment in this case, which had been filed on February 14. Fiona Doherty of the Federal Defenders was appointed on March 3 to represent Jordan. At a conference on May 8, Jordan was arraigned on the first superseding indictment and the parties requested a trial date in August. Trial was scheduled for August 4. On July 2, the Court held a conference with the parties to address the defendant's request for an adjournment of the trial date so that a competency examination of the defendant could be undertaken. With the parties' consent, the Court scheduled a suppression hearing for July 23—a date that was later adjourned to August 21—and adjourned the trial date to October 6. Ms. Doherty informed the Court that someone else from her office would have to take over the case because she would be starting maternity leave in September. The Court stated that it would "expect that person to take over immediately to join you today in representing the defendant." Ms. Doherty agreed.
Julia Gatto of the Federal Defenders joined the case, and within a couple of weeks, Sabrina Shroff from the same office joined as well. At the next conference, held on July 30, both Ms. Gatto and Ms. Shroff were present along with Ms. Doherty. At the suppression hearing held on August 21, all three defense attorneys appeared, and Ms. Doherty continued to work on the case until at least the week of September 15.
Ms. Gatto and Ms. Shroff continued their representation of Jordan through the end of the October 6 trial. After the verdict was rendered and the jurors excused, the Court told the parties that it wished to appoint new counsel for the defendant. It explained, CJA attorney Henry Steinglass was assigned to represent the defendant that same day, and the parties met the next day—with Ms. Gatto and Ms. Shroff present as well—to address Mr. Steinglass's scheduling concerns and to settle on a schedule for the instant motion.
Jordan sent numerous letters directly to the Court over the course of this case, despite repeated instructions from the Court informing Jordan that so long as he was represented by counsel any communications with the Court would have to come through his attorneys. The defendant's letters are summarized here in the order in which they were received by this Court's Chambers.
The first set of letters arrived soon after the defendant's arraignment on the original indictment. One submission was dated March 7, 2008, and a second was dated March 10, 2008. They were received by the Court on March 12. Among other things, in these letters Jordan made several requests concerning his representation, the charges against him, discovery, and subpoenas he wished the Court to issue.2
Next, on July 24, 2008, this Court's Chambers received a letter dated July 18 from the defendant.3 In it, he stated that he had Jordan also noted that he anticipated filing other motions in his case and requested a copy of "the Attorney's file." The July 24 letter was the subject of a conference held with the parties on July 30. At the conference, the Court informed the defendant that he has a right under the Constitution to represent himself, but that in all instances in which a defendant wishes to represent himself, the Court must first conduct "a complete and thorough inquiry to make sure that a defendant is waiving or giving up his right to counsel in a way that is knowing and voluntary and intelligent." The Court therefore instructed the defendant that, if he wishes to represent himself at trial, he should communicate that fact to one of his attorneys, who would then promptly notify the Court so that the necessary hearing could be scheduled and independent counsel could be appointed to advise the defendant with respect to that decision. The Court emphasized, however, that the trial date had already been moved once and "will not be moved again."
The next submission sent by Jordan to the Court was dated August 11, 2008, but postmarked August 20, received by this Court's Pro Se Office on August 21, and received by this Court's Chambers on August 22. The submission was addressed to the attention of "Administrative Justice," and it included a typewritten letter with a handwritten "addendum" attached. In this submission, Jordan complained principally that he did not have enough information about the charges against him and that he did not believe he or his attorneys could be adequately prepared for the October 6 trial date.
Jordan also sent a second letter dated August 11, 2008. This seventeen-page handwritten letter was received by this Court's Pro Se Office on August 25, and by this Court's Chambers on August 26.4 In this letter, which was also addressed to the attention of "Administrative Justice," Jordan complained mainly about the limited access he had to voluminous discovery materials pertaining to Counts Four to Ten and his concern that he would not have time adequately to review the materials ahead of the October 6 trial date. Jordan also claimed to have received notice that the Federal Defenders would ask to withdraw from his case due to a conflict of interest. Finally, while not the focus of Jordan's letter, the issue of his possible self-representation is mentioned as well. He stated that although he had notified the Court that he had begun the process of deciding whether to represent himself, "I feel restricted in my ability to do so by the fact that I have not had adequate opportunity to review discovery materials." Additionally, Jordan wrote in a footnote, "Should I opt to represent myself at trial, my decision shall not be based on whether or not I am or am not satisfied with counsel's ability to do so."
The Court addressed the two letters from the defendant received on August 22 and August 26 at a conference held with the parties on August 26. The Court advised the defendant he should not be communicating with the Court ex parte, but should instead talk to his lawyers, who will then write to the Court or file motions on his behalf. Jordan was told that if he sent anything further to the Court, the Court would "send it back to him." The Court also addressed the defendant's references to the possibility of proceeding pro se, telling the defendant that it would not advise him of any deadline for that decision. The Court reiterated that the defendant "has certain rights in this regard, which, if he did make an application, I would discuss with him in great detail, but that application will not change the trial date should the defendant decide to proceed pro se." With regard to the defendant's reference to a possible conflict of interest for the Federal Defenders that would require their withdrawal from the case, the Court inquired of defense counsel whether they would indeed seek to be relieved. They responded that there was no conflict of interest and that their client "does understand that there is no conflict of interest." The Court also inquired about the defendant's references to the frequency of his meetings with counsel and the opportunities to review discovery material, and defense counsel represented that they spoke with Jordan after receiving a copy of his letter, "and he informed us that he is satisfied with the number of opportunities he's had to meet representatives from our office, specifically in the last couple of weeks."
Subsequently, the Court received a letter from the defendant dated August 27, 2008 but...
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