U.S. v. Newman
| Decision Date | 05 October 1993 |
| Docket Number | 91-3228,Nos. 91-3192,91-3193,91-3219,s. 91-3192 |
| Parties | NOTICE: Seventh Circuit Rule 53(b)(2) states unpublished orders shall not be cited or used as precedent except to support a claim of res judicata, collateral estoppel or law of the case in any federal court within the circuit. UNITED STATES of America, Plaintiff-Appellant, v. Emanuel NEWMAN, Conchita Washington, David J. Hart, and James C. Segars, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Before CUDAHY and FLAUM, Circuit Judges, and MIHM, Chief District Judge *.
Defendants Emanuel Newman ("Newman"), Conchita Washington ("Washington"), David J. Hart ("Hart"), and James C. Segars ("Segars") were involved in a drug ring based in Detroit, Michigan, and South Bend, Indiana, from approximately 1987 to 1991. On March 27, 1991, a Grand Jury returned a 37-count superseding indictment 1 against Newman, Washington, Hart, James Segars, and Phillip Segars, charging all defendants with Conspiracy to Distribute Cocaine in violation of 21 U.S.C. Sec. 846. Newman, Washington, Hart, and James Segars were charged with Possession with Intent to Distribute Cocaine in violation of 21 U.S.C. Sec. 841(a)(1), and Money Laundering in violation of 18 U.S.C. Secs. 1956(a)(1)(A)(i) and (2). Newman and James Segars were charged with Interstate Travel in Aid of Racketeering (ITAR) in violation of 18 U.S.C. Sec. 1952(a)(3) and (2). James Segars was also charged with using a firearm in relation to drug trafficking in violation of 18 U.S.C. Sec. 924(c). After a jury trial all four defendants were found guilty as charged. The Court sentenced Newman to a term of 540 months imprisonment, Washington to a term of 480 months imprisonment, Hart to a term of 396 months imprisonment, and Segars to a term of 387 months imprisonment.
Newman, Washington, Hart, and Segars appeal their convictions raising numerous issues, including, among others, claims of faulty jury selection, insufficient evidence, improper admission of testimony and evidence, improper jury instructions, judicial bias and misconduct, prosecutorial misconduct, violation of the Speedy Trial Act, and violation of their rights under the Sixth and Fourteenth Amendments. For the reasons set forth below, we affirm.
Several of the witnesses who testified for the government at the trial were persons who claimed to have been involved, in one way or another, as accomplices of the four defendants on trial. They were given immunity or some other benefit for their testimony. Such witnesses included Robert Heritz, Neil Winter, Donna Bryant, Monte Skeels, Robert Rabbe, Eugene Meert, Robert Gibson, Floyd James, and Salwan Asker. The chronology of the conspiracy, which was presented to the jury primarily by way of those witnesses, was as follows:
Emanuel T. Newman and his mother, Conchita Washington, supplied cocaine to South Bend, Indiana. Newman operated Communications Satellite Systems ("CSS"), with two stores in Detroit, and a third store in South Bend. He lived in an apartment above one of the stores. Washington lived in an apartment in South Bend near her mother, Julia, until they moved to Detroit.
James Segars and David Hart were dealers in the South Bend area who, over the life of the conspiracy, were supplied with cocaine by Newman and Washington. In 1987, James Segars lived in Mishawaka and sold cocaine to Robert Heritz. On one occasion, in the summer of 1987, Heritz went to Segars' residence to get cocaine. However, Segars did not have any cocaine that day until David Hart stopped by. On another occasion, Hart gave Heritz cocaine directly in exchange for working on his car. Subsequently, Segars moved in and lived with Heritz for approximately seven weeks. During this time, Heritz observed a steady flow of people going in and out of Segars' bedroom. Heritz also observed several ounces of cocaine, scales, cutting material, and a large amount of money in Segars' bedroom.
In June of 1987, Neil Winter worked as a bodyguard for Segars while Segars was dealing cocaine. After Segars moved into an apartment with Hart at Castle Point in South Bend, Indiana, Winter worked for both men delivering cocaine and picking up money for which he was paid $200 to $300 per week.
At Castle Point, Winter observed that Hart was in charge and distributed cocaine to Segars. Cocaine was kept in the bedrooms, and people often came over to the apartment and entered one of the bedrooms with either Hart or Segars to make drug transactions. Hart was supplied with cocaine by Newman in Detroit. Hart instructed Winter to wire $2,000 to Newman on March 27, 1988, and $5,200 on April 9, 1988. Transfers were also made in Hart's name to Newman on March 2, 1988 and May 7, 1988 for $2,300 and $1,000, respectively.
On one occasion in March of 1988, Segars' brother Robert and Robert's girlfriend, Donna Bryant, went to the Castle Point apartment with $1,100 to purchase cocaine. Bryant testified that when they arrived, Hart was present and Segars arrived shortly thereafter. Robert and James Segars went into the bedroom to conduct business while Hart went into the living room and offered Bryant some cocaine to use, which she accepted. Bryant testified that the Segars brothers then came out of the bedroom and put the $1,100 and an amount of cocaine on the table while they finished their discussion. Robert Segars then took the cocaine from the table and left with Bryant.
Winter testified that in March of 1988, Hart and James Segars had a falling out. Segars moved out of the Castle Point apartment and moved in with Robert Segars and Donna Bryant at their residence located at Dayton and High Streets. Bryant testified that while living with them, James Segars dealt small quantities of cocaine, which he kept in his bedroom, and during After Hart and Segars split up and Segars moved out in March of 1988, Winter continued to work for Hart. While Winter was helping Hart move out of the Castle Point apartment approximately two months later, in May of 1988, Newman paid a visit to the apartment and was introduced to Winter by Hart.
that time he carried a gun in a holster. Heritz and James Segars' brothers, John, Isaac, and Robert, purchased cocaine from him there.
In 1989, Segars provided cocaine for a man named Craig Smith, who owned and operated a car repair shop with a man named Monte Skeels. Skeels testified that prior to and after the car repair shop opened, he knew Segars through Segars' relationship with Craig Smith. Before the car shop opened, Smith and Skeels operated their car repair business out of Skeels' home. During that time, Segars would come over to the house and meet with Smith and Segars' brother, Robert, in his car in front of the house. After these meetings, Smith would return to the house with either cocaine or marijuana. Skeels testified that Segars also met Smith at the house itself five or six times. After the shop opened, Segars would visit Smith at the shop with a vial of cocaine in his possession. At one point, Smith owed Segars money for cocaine fronted to him. Segars contacted Skeels and told him that he was responsible for the money Smith owed Segars because he was Smith's partner. Skeels went over to Segars' house where he was instructed to go to the bedroom. In the bedroom, Segars pulled a gun on Skeels and stated, Skeels gave Segars the $250 which Smith owed Segars. He also received an eighth of an ounce of cocaine on credit. Skeels testified that he went over to Segars' house several times to make drug transactions both with and without Smith. Skeels also testified that at one point, Segars and two other men with guns came to the car shop and beat Smith after a disagreement.
The record indicates that Hart continued to deal cocaine well after he and Segars split up in 1988. In the following year, a wire transfer was made for $2,300 in the name of David Hart to Newman, on March 29, 1989. Skeels testified that he knew David Hart in approximately the same time frame. Like Segars, Skeels became acquainted with Hart in May or June of 1989 through Craig Smith, who was living with Hart. Smith told Skeels that Hart was a "real nice person and that he was going to be doing dealings with him." During the couple of months that David Hart and Craig Smith lived together, Skeels visited their residence and observed several people going in and out of their bedrooms. While Hart was still living with Smith, Hart showed Skeels and Smith how to grind and cut cocaine with substances such as mannitol or isotol.
Hart then moved to the Wooden Indian, a motel in the South Bend area, where Skeels and Smith continued to visit him for cocaine purchases. Skeels testified that in the winter of 1989 and 1990, he socialized with David Hart at local bars and observed Hart in the restrooms with a vial of cocaine and buying $100 drinks for the owner of the bar. Skeels testified that on one occasion a man named Boyd Howard came into the bar and confronted Hart about flaunting his money while he owed a drug debt. After that confrontation, Skeels testified that Craig Smith switched to James Segars as his main supplier.
In the latter half of 1989, Winter went back to work for Segars, picking up and delivering cocaine and money for him. In 1989 and 1990, Segars lived in various locations in South Bend, including a house in Brookfield, a duplex on Williams Street, a house on Milton Street, and an apartment on Blaine Street.
Donna Bryant and Robert Segars also lived with James Segars on Milton Street in 1990. Bryant testified that she observed one to six ounces of cocaine at this address. She testified that Neil Winter visited the Milton address, as well as Robert Segars, Tom Christian, Robert Rabbe, and Delbert Montgomery. Segars dealt cocaine out of his bedroom there. She also met...
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