U.S. v. Orleans-Lindsay

• Decision Date: 25 August 2008
• Docket Number: Criminal Action No. 00-440(CKK).,Civil Action No. 02-2528(CKK).
• Citation: 572 F.Supp.2d 144
• Parties: UNITED STATES of America, v. Kofi Apea ORLEANS-LINDSAY, Defendant.
• Court: U.S. District Court — District of Columbia

572 F.Supp.2d 144

UNITED STATES of America, v. Kofi Apea ORLEANS-LINDSAY, Defendant.

Civil Action No. 02-2528(CKK).

Criminal Action No. 00-440(CKK).

United States District Court, District of Columbia.

August 25, 2008.

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William John O'Malley, Jr., U.S. Attorney's Office, Washington, DC, for Plaintiff.

James W. Rudasill, Jr., Washington, DC, for Defendant.

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, District Judge.

Currently pending before the Court is Defendant Kofi Apea Orleans-Lindsay's Motion to Withdraw his guilty plea in the above-captioned criminal case, which he brings pursuant to 28 U.S.C. § 2255. On December 14, 2001, Mr. Orleans-Lindsay ("Petitioner") pled guilty to the first degree murder of Maryland State Trooper Edward M. Toatley, a person aiding in a Federal investigation, in violation of 18 U.S.C. § 1121(a)(1). Pursuant to the parties' plea agreement, the Court proceeded to sentence Petitioner to life imprisonment without the possibility of parole immediately upon accepting his plea of guilty. A year later, Petitioner moved, initially pro se, to withdraw his guilty plea pursuant to Section 2255, and the Court appointed counsel to represent Petitioner in connection with his Motion to Withdraw. That Post-Plea Counsel met with Petitioner, conducted an extensive investigation of the arguments and assertions Petitioner raised in connection with his Section 2255 Motion, and supplemented Petitioner's Motion as he considered appropriate. In combination, Petitioner's original pro se Motion and his counseled filings principally argue: (1) that the colloquy the Court conducted with Petitioner during the plea hearing did not support a factual finding that Petitioner acted with premeditation and after deliberation, as required for his plea of guilty to first degree murder; and (2) that, in a variety of ways, Petitioner's Plea Counsel provided constitutionally deficient and prejudicial assistance, which impacted the voluntary, knowing, and/or intelligent nature of Petitioner's guilty plea.

The Court conducted a searching review of Petitioner's original pro se Motion, .the Supplement prepared and filed by his Post-Plea Counsel, the Government's Opposition to Petitioner's Motion, the exhibits thereto, and Petitioner's counseled Reply. After reviewing those materials, the Court requested that the Government provide the Court with copies of certain letters and videotapes referenced in the parties' filings, which the Court received and has now reviewed. Based upon all of the foregoing, as well as the relevant statutes and case law and the entire record herein, the Court finds that an evidentiary hearing is unnecessary to the resolution of Petitioner's motion. Further, for the reasons set forth below in this Memorandum Opinion, the Court shall deny Petitioner's Motion to Withdraw his guilty plea pursuant to 28 U.S.C. § 2255.

I: BACKGROUND

A. Events Surrounding the Shooting of Trooper Toatley

1. The Shooting of Trooper Toatley on October 30, 2000

Trooper Edward M. Toatley of the Maryland State Police was shot and killed on the night of October 30, 2000, while acting in an undercover capacity in a federal narcotics investigation. Gov't Opp'n at 1. The following description of the events leading up to Trooper Toatley's shooting is based upon the Government's factual proffer during Petitioner's December 14, 2001 plea hearing, as well as the Court's in camera review of two videotapes recorded in Trooper Toatley's undercover police vehicle on the night he was shot.

In August of 2000, Trooper Toatley, in association with other state and local law enforcement officers, initiated an investigation of drug trafficking in the Maryland suburbs located near the District of Columbia border. Tr. of 12/14/01 Plea Hrg. (hereinafter "Plea Tr.") at 18:18-22. In September 2000, as part of the ongoing investigation, Trooper Toatley made a number of undercover drug purchases from Petitioner. Id. at 18:23-20:8. On October 12, 2000, Trooper Toatley was deputized to participate in an Organized Crime Drug Enforcement Task Force investigation, and on October 13, 2000, a federal investigation was initiated after consultation with the Federal Bureau of Investigation (FBI) and the United States Attorney's Office for the District of Columbia (USAO). Id. at 20:9-15.

On the morning of October 30, 2000, Trooper Toatley arranged to meet Petitioner later the same evening in the vicinity of the Takoma Park Metro Station in Washington, DC, to engage in another drug transaction. Id. at 20:16-20. At approximately 8:20 p.m. on October 30, 2000, Petitioner arrived at the designated meeting place in a silver Mercedes and parked his car. Id. at 20:21-24. Trooper Toatley was parked nearby, sitting in the driver's seat of an undercover vehicle equipped with three hidden video cameras. Id. at 20:25-21:3; Gov't Opp'n at 9. The video cameras were operating and recording throughout Trooper Toatley's meeting with Petitioner on the night of October 30, 2000, and captured his shooting. One of the video cameras was hidden in the center of the undercover vehicle's dashboard and recorded activity in the front seat of the undercover vehicle on a video recorder dedicated to that camera. Plea Tr. at 21:4-6; Gov't Opp'n at 9-10. Two other cameras were hidden in the front doors of the undercover vehicle, and each of those cameras focused across the front seat of the vehicle towards the seat on the opposite side. Plea Tr. at 21:7-9; Gov't Opp'n at 10. Both of the door cameras recorded on a second video recorder, so that only one could be activated at any time, and Trooper Toatley had a remote device that allowed him to control which camera was recording at any given time. Plea Tr. at 21:8-9; Gov't Opp'n at 10. Throughout the relevant time period, the camera in the driver's door was recording, and was focused on the passenger's seat and passenger's side front door of the undercover vehicle. Gov't Opp'n at 10 n.5. As such, two videotapes were created of the events on October 30, 2000, showing two different perspectives; the videotape recorded from the front of the car generally shows both Trooper Toatley and the passenger, while the videotape recorded from the driver's door generally shows only the passenger. Plea Tr. at 21:11-14.

Petitioner entered the undercover vehicle at approximately 8:20 p.m. on October 30, 2000. Id. at 20:25-21:2. Just before Petitioner entered the vehicle, Trooper Toatley can be heard on the video recording describing the sweatshirt Petitioner Orleans-Lindsay is wearing as a "GAP sweatshirt," that is a sweatshirt with the letters "G-A-P" on the front in large white print. See Gov't Opp'n, Attach. E (Gov't Proffer of Proof in Support of Plea of Guilty) at 13. Upon entering the undercover vehicle on the passenger's side, Petitioner directed Trooper Toatley where to drive. Gov't Opp'n at 10. Trooper Toatley stated that he expected Petitioner to bring the drugs he planned to sell with him to the meeting place, but nevertheless followed Petitioner's directions as to where to go to retrieve the drugs. Petitioner was the only passenger in the undercover vehicle at the time in question, and the two videotapes provide numerous clear views of Petitioner's face and his distinctive GAP sweatshirt throughout the over fifteen minute drive. Plea Tr. at 21:15-18; Gov't Opp'n at 10.

Throughout the course of that drive, Petitioner can be heard intermittently giving Trooper Toatley specific directions. Plea Tr. at 21:19-20. Petitioner's conversations with Trooper Toatley during the drive can also be clearly heard on the video recorded from the driver's door, and the Court's review of that videotape reveals that Petitioner's conversations with Trooper Toatley were friendly, that the two conversed easily, and that the conversations were of a jocular nature. Of note, during the course of the drive, Petitioner and Trooper Toatley discussed the silver Mercedes that Petitioner drove to the meeting place. Petitioner and Trooper Toatley also discussed Petitioner's then-recent experience of having been tricked by a drug seller who sold him ibuprofen rather than ecstasy, and his desire for revenge against the drug seller. In addition, Petitioner and Trooper Toatley discussed the recent death of one of Petitioner's close friends and again discussed the possibility of revenge in connection with that death.

Just before the undercover vehicle arrived at its final destination, Petitioner asked Trooper Toatley for a cigarette and Trooper Toatley gave him one. Plea Tr. at 21:24-25. On the videotapes, Petitioner can be seen lighting and smoking the cigarette when he exits the undercover vehicle. Gov't Opp'n at 11 n. 7. After the undercover vehicle arrived at the 2000 block of Douglas Street, NE in the District of Columbia, Petitioner instructed Trooper Toatley to park the vehicle. Plea Tr. at 21:25-22:2. Trooper Toatley then turned on the overhead light of the passenger compartment and handed Petitioner $3,500 in prerecorded government funds as cash payment for the crack cocaine Trooper Toatley believed Petitioner would be providing. Id. at 22:3-7. Trooper Toatley began to count out the money but Petitioner stopped him, saying he believed Trooper Toatley that the money was all there. Gov't Opp'n at 55. Trooper Toatley then jokingly asked Petitioner whether he was going to run with the money, and Petitioner feigned insult, saying he was being "disrespected." Id. After telling Trooper Toatley that he would be gone for five minutes, Petitioner left the undercover vehicle, still carrying the cigarette that Trooper Toatley had given him. Plea Tr. at 22:7-9.

Approximately thirty seconds later, Petitioner returned to the passenger window of the undercover vehicle to tell Trooper Toatley that his lights were on. Gov't Opp'n at 11 n.8. Trooper Toatley then watched Petitioner walk away, and made a...