U.S. v. Ridley

• Decision Date: 28 December 2001
• Docket Number: No. CR-3-01-047(02).,CR-3-01-047(02).
• Citation: 199 F.Supp.2d 704
• Parties: UNITED STATES of America, Plaintiff, v. Arvin RIDLEY, Defendant.
• Court: U.S. District Court — Southern District of Ohio

199 F.Supp.2d 704

UNITED STATES of America, Plaintiff, v. Arvin RIDLEY, Defendant.

No. CR-3-01-047(02).

United States District Court, S.D. Ohio, Western Division.

December 28, 2001.

COPYRIGHT MATERIAL OMITTED

Dick Chema, Dayton, OH, for plaintiff.

Kenneth L. Lawson, Cincinnati, OH, Derek Farmer, Columbus, OH, for defendants.

DECISION AND ENTRY OVERRULING DEFENDANT'S REQUEST FOR DISCLOSURE OF FAVORABLE EVIDENCE (DOC. # 24); DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION FOR BILL OF PARTICULARS (DOC. # 25); DECISION AND ENTRY SUSTAINING DEFENDANT'S REQUEST FOR DISCOVERY (DOC. # 26); DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION TO SUPPRESS STATEMENTS (DOC. # 29); CONFERENCE CALL SET

RICE, Chief Judge.

In Count 1 of the Indictment (Doc. # 10), the Defendant Arvin Ridley ("Defendant") is charged with conspiring to possess with intent to distribute and to distribute in excess of five kilograms of cocaine, in violation of 21 U.S.C. § 846. In Count 2, he is charged with possessing with intent to distribute approximately 48 kilograms of cocaine, in violation of 21 U.S.C. § 841. This case is now before the Court on the following motions filed by the Defendant, to wit: Request for Disclosure of Favorable Evidence (Doc. # 24); Motion for Bill of Particulars (Doc. # 25); Request for Discovery (Doc. # 26); and Motion to Suppress Statements (Doc. # 29). Herein, the Court rules upon those motions in the above order.

I. Defendant's Request for Disclosure of Favorable Evidence (Doc. # 24)

With this motion, which is based upon Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), the Defendant requests that the Court order the Government to disclose all evidence it knows or becomes known to it, which is favorable to the Defendant and material to either his guilt or penalty.

Under Brady, the Government is obligated to disclose evidence to a criminal defendant which is both favorable to the defendant and material either to guilt or to punishment. Kyles v. Whitley, 514 U.S. 419, 432, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995). That obligation extends to impeachment evidence, as well as to exculpatory evidence. United States v. Bagley, 473 U.S. 667, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985). See also, United States v. Mullins, 22 F.3d 1365, 1372 (6th Cir.1994) ("Clearly, Brady recognizes no distinction between evidence which serves to impeach a Government witness' credibility and evidence which is directly exculpatory of the defendant."). Brady did not, however, create a constitutional right to discovery in a criminal prosecution. See e.g., Weatherford v. Bursey, 429 U.S. 545, 559, 97 S.Ct. 837, 51 L.Ed.2d 30 (1977) ("There is no general constitutional right to discovery in a criminal case, and Brady did not create one...."); United States v. Bencs, 28 F.3d 555, 560 (6th Cir.1994) (same), cert. denied, 513 U.S. 1117, 115 S.Ct. 915, 130 L.Ed.2d 796 (1995). Indeed, the Sixth Circuit has held that the Government is typically the sole judge of whether evidence in its possession is subject to disclosure under Brady. United States v. Driscoll, 970 F.2d 1472, 1482 (6th Cir.1992), cert. denied, 506 U.S. 1083, 113 S.Ct. 1056, 122 L.Ed.2d 362 (1993); Presser, 844 F.2d at 1281. Given that Brady does not provide a right of discovery, this Court overrules Defendant's Request for Favorable Evidence (Doc. # 24). This ruling should not, however, be construed as relieving the Government of its obligations under Brady.

II. Motion for Bill of Particulars (Doc. # 25)

With this motion, the Defendant requests a bill of particulars, requiring the Government to disclose the following information, to wit: 1) the names of all individuals who, according to the Government, participated in the charged offenses, including their addresses and telephone numbers; 2) the exact place or location where the charged offenses are alleged to have occurred; 3) the precise time of day or night when the charged offenses are believed to have occurred; 4) the precise manner in which the Defendant is alleged to have committed the charged offenses; 5) the identity of any witnesses who are alleged to have been present when the charged offenses occurred; and 6) the actions of the Defendant that are alleged to have constituted the charged offenses.

Under Rule 7 of the Federal Rules of Criminal Procedure, which governs the prosecution by an indictment or information in criminal cases, a court may direct the filing of a bill of particulars. See Rule 7(f). "The test in this Circuit for determining whether a bill of particulars should issue is whether the indictment is sufficiently specific to inform defendants of the charges against them, to protect them from double jeopardy, and to enable them to prepare for trial." United States v. Hayes, 1989 WL 105938, at *3, 884 F.2d 1393 (6th Cir.1989) (citing United States v. Azad, 809 F.2d 291, 296 (6th Cir.1986), cert. denied, 481 U.S. 1004, 107 S.Ct. 1626, 95 L.Ed.2d 200 (1987)). Accord United States v. Salisbury, 983 F.2d 1369, 1375 (6th Cir.1993) ("A bill of particulars is meant to be used as a tool to minimize surprise and assist [a] defendant in obtaining the information needed to prepare a defense and to preclude a second prosecution for the same crimes"); United States v. Birmley, 529 F.2d 103, 108 (6th Cir. 1976) ("The purposes of a bill of particulars are to inform the defendant of the nature of the charge against him with sufficient precision to enable him to prepare for trial, to avoid or minimize the danger of surprise at the time of trial, and to enable him to plead his acquittal or conviction in bar of another prosecution for the same offense, when the indictment itself is too vague and indefinite for such purposes"). However, a bill of particulars is not intended to allow the defense "to obtain detailed disclosure of all evidence held by the government before trial." Salisbury, 983 F.2d at 1375. See also, United States v. Cooper, 1990 WL 67885, 902 F.2d 1570 (6th Cir.1990) ("A bill of particulars is not a discovery device and should not be used `to obtain detailed disclosure of the government's evidence prior to trial.' United States v. Kilrain, 566 F.2d 979, 985 (5th Cir.), cert. denied, 439 U.S. 819, 99 S.Ct. 80, 58 L.Ed.2d 109 (1978)."). "This is particularly true in a conspiracy case in which the Government is not required to disclose all overt acts alleged to have occurred in furtherance of the conspiracy." Hayes, 1989 WL 105938, at *3, 884 F.2d 1393; accord United States v. Martin, 1987 WL 38036, at *3, 822 F.2d 1089 (6th Cir.1987) (need for a bill of particulars is particularly obviated "in a conspiracy case where the Government is not required to disclose all overt acts alleged to have occurred in furtherance of the conspiracy").

The Court overrules the Defendant's Motion for Bill of Particulars (Doc. # 25). It is apparent from the briefing of his Motion to Suppress Statements (Doc. # 29) that the Defendant is aware of the facts and circumstances leading to this prosecution. Therefore, a bill of particulars is not necessary in order to avoid surprise at trial or to permit the Defendant to prepare for trial. In addition, the Indictment is sufficiently detailed to prevent the Defendant from being prosecuted a second time for the offenses with which he is charged in this prosecution. Finally, examining the type of the information the Defendant is seeking with this motion demonstrates that he is using his request for a bill of particulars in order to obtain a detailed description of the Government's proof against him. A bill of particulars is not to be used as such a discovery tool. See Hayes, supra (affirming the decision of the District Court to deny defendant's request for a bill of particulars, because he was using it as a general discovery request).

Accordingly, the Court overrules the Defendant's Motion for a Bill of Particulars (Doc. # 25).

III. Request for Discovery (Doc. # 26)

With this motion, the Defendant requests that the Government be ordered to disclose all information he is entitled to receive under Rule 16 of the Federal Rules of Criminal Procedure. The Government has not responded to this motion. Rule 16(a)(1) provides that a criminal defendant is entitled to discover certain categories of information. The Court sustains the Defendant's motion and orders the Government to provide the materials to which the Defendant is entitled under Rule 16(a)(1), to the extent same have not already been provided, within seven (7) days from date.

IV. Motion to Suppress Statements (Doc. # 29)

With this motion, the Defendant requests that the Court suppress statements which he gave to federal law enforcement officials on April 11, 2001. On July 6, 2001, the Court conducted an oral and evidentiary hearing on this motion. In accordance with the briefing schedule established by the Court, the parties have submitted their post-hearing memoranda. See Docs. # 53 and # 55. The Court now rules upon that motion. The Court begins by setting forth its findings of fact, based upon the evidence presented during the hearing on Defendant's motion.

The genesis of this prosecution and the Defendant's Motion to Suppress Statements was the theft, in early April, 2001, of 48 kilograms of cocaine. On Monday April 9, 2001, Special Agent Robert Brawner ("Brawner") of the Federal Bureau of Investigation ("FBI") met the Defendant and his cousin in the parking lot of the University of Dayton Arena.¹ Prior to that meeting, Defendant's cousin had told Brawner that the Defendant was in the possession of a large quantity of cocaine, in the range of 20 kilograms.² During their meeting on April 9th,³ Defendant told Brawner that Sentel Alexander Smith ("Smith") had been involved in the theft of 20 kilograms of cocaine from a residence in Trotwood, Ohio. According to the Defendant, he was merely holding the cocaine for the individual who had stolen it. He also told Brawner that he was willing to deliver the 20...