U.S. v. Muyet

• Decision Date: 05 November 1996
• Docket Number: No. S2 95 Cr. 941 (PKL).,S2 95 Cr. 941 (PKL).
• Citation: 945 F.Supp. 586
• Parties: UNITED STATES of America, v. Jose MUYET, John Muyet, Pedro Narvaez, Julio Matias, William Delvalle, Frank Sosa, and Antonio Feliciano, Defendants.
• Court: U.S. District Court — Southern District of New York

945 F.Supp. 586

UNITED STATES of America, v. Jose MUYET, John Muyet, Pedro Narvaez, Julio Matias, William Delvalle, Frank Sosa, and Antonio Feliciano, Defendants.

No. S2 95 Cr. 941 (PKL).

United States District Court, S.D. New York.

November 5, 1996.

As Amended November 18, 1996.

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Mary Jo White, United States Attorney for the S.D. New York, New York City (Jay Holtmeier, Thomas M. Finnegan, of counsel), for United States.

Roy R. Kulcsar, New York City, for Jose Muyet.

Golub & Golub, LLP, New York City (Mitchell A. Golub, of counsel), for John Muyet.

Robert L. Weinstein, New York City, for Pedro Narvaez.

Hoffman & Pollok, New York City (Susan C. Wolfe, of counsel), for Julio Matias.

Barocas & Schmidt, New York City (Sam A. Schmidt, of counsel), for William Delvalle.

Sanford M. Katz, New York City, for Frank Sosa.

Freeman, Nooter & Ginsberg, New York City (Lee A. Ginsberg, of counsel), for Antonio Feliciano.

OPINION AND ORDER

LEISURE, District Judge:

On June 13, 1996, a Grand Jury filed a superseding indictment (the "indictment"), S2 95 Cr. 941, against the defendants in this case. The indictment alleges that the defendants participated in the illegal activities of a violent narcotics trafficking organization known as the "Nasty Boys" which operated primarily in the Bronx, New York. According to the indictment, this organization has engaged in the sale and distribution of large quantities of heroin and cocaine base, commonly known as crack. It is alleged that the affairs of this enterprise have been conducted through various acts of violence including assault, conspiracy to commit murder, attempted murder and murder.

The Government moves for the empaneling of an anonymous jury. In addition, seven defendants charged in the indictment, Jose Muyet, John Muyet, Pedro Narvaez, Julio Matias, William Delvalle, Frank Sosa, and Antonio Feliciano (collectively, the "moving defendants"), bring various pretrial motions, including a motion for severance, requests for a bill of particulars, and requests for additional pretrial disclosures. For the reasons stated below, the Government's motion for an anonymous, semi-sequestered jury is granted, and the moving defendants' various pretrial motions are denied in their entirety.

BACKGROUND

The Court will summarize the charges set forth in the forty-three count indictment as to the seven moving defendants.¹ Count One charges the moving defendants, except for William Delvalle, with participating in a criminal enterprise in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962(c). Count Two charges the moving defendants, except for William Delvalle, with conspiring to participate in a criminal enterprise in violation of RICO, 18 U.S.C. § 1962(d). Counts Three through Twenty-Nine charge various moving defendants, except for William Delvalle, with committing violent crimes in aid of racketeering in violation of 18 U.S.C. § 1959(a). Count Thirty charges the moving defendants, except for Antonio Feliciano, with conspiring to violate the narcotics laws of the United States in violation of 21 U.S.C. § 846. Counts Thirty-One through Forty-Two charge various moving defendants, except for William Delvalle, with using and carrying firearms during and in relation to their violent crimes in violation of 18 U.S.C. § 924(c). Count Forty-Three charges the moving defendants, except for Antonio Feliciano, with using and carrying firearms during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c).

Before the Court are various pretrial motions brought by the Government and the moving defendants.² The Government moves for the empaneling of an anonymous, semi-sequestered jury in this case. Defendant William Delvalle moves for severance pursuant to Rule 14 of the Federal Rules of Criminal Procedure. Defendants Jose Muyet, John Muyet, Pedro Narvaez, Julio Matias, William Delvalle, Frank Sosa and Antonio Feliciano each request a bill of particulars. Defendants Pedro Narvaez, Julio Matias, William Delvalle, Frank Sosa and Antonio Feliciano seek additional discovery, including a list of confidential informants, cooperating witnesses and all other Government witnesses.³

DISCUSSION

I. MOTION FOR AN ANONYMOUS JURY

The Government moves the Court to take the following precautions to ensure that the jury will be free from improper influence, intimidation or fear during the trial and during their deliberations: (1) limit voir dire so that the potential jurors on the voir dire panel, and the jurors and alternates selected to serve at trial, do not reveal their names, addresses, or places of employment; (2) during the trial, keep the jurors together during recesses, and allow the United States Marshals Service to provide lunch for the jurors as a group or take the jurors to lunch as a group each day; and (3) at the end of each trial day, allow the United States Marshals Service to transport the jurors together from the Courthouse to an undisclosed central location, from which they can leave for their respective communities. All of the defendants object to the use of these procedures.

The empaneling of an anonymous jury has "serious implications for a defendant's interest in effectively conducting voir dire and in maintaining the presumption of innocence." United States v. Wong, 40 F.3d 1347, 1376 (2d Cir.1994), cert. denied, ___ U.S. ___, 116 S.Ct. 190, 133 L.Ed.2d 127 (1995); see United States v. Amuso, 21 F.3d 1251, 1264 (2d Cir.), cert. denied, ___ U.S. ___, 115 S.Ct. 326, 130 L.Ed.2d 286 (1994). Nonetheless, when a defendant's interests are outweighed by the jurors' interest in remaining free from real or threatened violence and the public's interest in having the jury render a fair and impartial verdict, the use of an anonymous jury is appropriate. See Wong, 40 F.3d at 1376; Amuso, 21 F.3d at 1264. The Court of Appeals for the Second Circuit has explained the rationale for the use of an anonymous jury as follows:

If a juror feels that he and his family may be subjected to violence or death at the hands of a defendant or his friends, how can his judgment be as free and impartial as the Constitution requires? If "the anonymous juror feels less pressure" as a result of anonymity, ... this is as it should be — a factor contributing to his impartiality.

United States v. Barnes, 604 F.2d 121, 140-41 (2d Cir.1979), cert. denied, 446 U.S. 907, 100 S.Ct. 1833, 64 L.Ed.2d 260 (1980); see also United States v. Thomas, 757 F.2d 1359, 1364 (2d Cir.) ("As a practical matter, we cannot expect jurors to `take their chances' on what might happen to them as a result of a guilty verdict. Obviously, explicit threats to jurors or their families or even a general fear of retaliation could well affect the jury's ability to render a fair and impartial verdict."), cert. denied, 474 U.S. 819, 106 S.Ct. 66, 88 L.Ed.2d 54 (1985).

The decision to empanel an anonymous jury is within the broad discretion of the District Court. See Wong, 40 F.3d at 1376; United States v. Paccione, 949 F.2d 1183, 1192 (2d Cir.1991), cert. denied, 505 U.S. 1220, 112 S.Ct. 3029, 120 L.Ed.2d 900 (1992); United States v. Maldonado-Rivera, 922 F.2d 934, 971 (2d Cir.1990), cert. denied, 501 U.S. 1233, 111 S.Ct. 2858, 115 L.Ed.2d 1025 (1991). The empaneling of an anonymous jury is appropriate when: (a) there is strong reason to believe that the jury needs protection; and (b) the District Court takes reasonable precautions to minimize any prejudicial effects on the defendants and to ensure the protection of the defendants' fundamental rights. See United States v. Aulicino, 44 F.3d 1102, 1116 (2d Cir.1995); Wong, 40 F.3d at 1376; United States v. Thai, 29 F.3d 785, 801 (2d Cir.), cert. denied, ___ U.S. ___, 115 S.Ct. 456, 130 L.Ed.2d 364 (1994); Amuso, 21 F.3d at 1264; Paccione, 949 F.2d at 1192; United States v. Vario, 943 F.2d 236, 239 (2d Cir. 1991), cert. denied, 502 U.S. 1036, 112 S.Ct. 882, 116 L.Ed.2d 786 (1992); United States v. Tutino, 883 F.2d 1125, 1132 (2d Cir.1989), cert. denied, 493 U.S. 1081, 1082, 110 S.Ct. 1139, 107 L.Ed.2d 1044 (1990); Thomas, 757 F.2d at 1365.

A. Strong Reason to Believe the Jury Needs Protection

In determining whether there is strong reason to believe that the empaneling of an anonymous jury is necessary, the District Court should consider the following factors: (1) the seriousness of the charges against the defendants; (2) the potential threat of corruption to the judicial process; and (3) the nature and degree of pretrial and expected trial publicity. United States v. Gambino, 809 F.Supp. 1061, 1065 (S.D.N.Y. 1992) (quoting United States v. Melendez, 743 F.Supp. 134, 137 (E.D.N.Y.1990)); see Aulicino, 44 F.3d at 1116 (anonymous jury appropriate when defendants attempted to tamper with witnesses); Wong, 40 F.3d at 1376-77 (anonymous jury appropriate when defendants' gang demonstrated willingness to obstruct justice and case had attracted publicity); Thai, 29 F.3d at 801 (anonymous jury appropriate when indictment charged crimes of violence, defendants attempted to subvert judicial process through intimidation and murder, and case was likely to attract media coverage); Amuso, 21 F.3d at 1264-65 (anonymous jury appropriate when indictment charged crimes of extreme violence and defendant had shown willingness to interfere with the judicial process); Paccione, 949 F.2d at 1192-93 (anonymous jury appropriate when defendants were charged with serious crimes with "potential for long prison terms," witness had received anonymous threat, and "trial could be expected to be the subject of extensive publicity"); Vario, 943 F.2d at 240 (anonymous jury appropriate when codefendant had been charged with grand jury tampering and trial expected to attract publicity); Tutino, 883 F.2d at 1132-33 (anonymous jury appropriate when defendant had history of jury tampering and serious criminal record); United...