United States v. Acevedo-Ramos, Cr. No. 85-0108 GG.
| Decision Date | 18 September 1985 |
| Docket Number | Cr. No. 85-0108 GG. |
| Citation | 619 F. Supp. 570 |
| Parties | UNITED STATES of America v. Hector ACEVEDO-RAMOS. |
| Court | U.S. District Court — District of Puerto Rico |
William M. Kunstler, New York City, Luis F. Abreu Arias, Hato Rey, P.R., for defendant.
This case is before us upon a motion to withdraw a guilty plea filed by Héctor Acevedo-Ramos (Acevedo). The government has opposed this petition, a hearing was held and memoranda of law, together with numerous exhibits and the transcripts of hearings have been submitted and considered.
Defendant along with others was indicted by the grand jury for conspiracy to obstruct, delay and affect interstate commerce by extortion and robbery of property in excess of four hundred thousand dollars ($400,000.00) and for aiding and abetting each other in the actual commission of these offenses — all in violation of Title 18 U.S.C. §§ 1951 and 2.
The facts as revealed from the record are as follows: At the time the present indictment was returned, defendant Acevedo was on trial before Judge Héctor M. Laffitte, in Criminal Case No. 84-0373, which involved a robbery of over six hundred thousand dollars ($600,000.00) worth of diamonds from the Taillex Diamond Manufacturing Company. The present indictment was sealed until the Taillex trial was over since the issue of prejudicial pretrial publicity had been raised in those proceedings.
On April 25, 1985, after a jury trial, Acevedo was found guilty on both counts of that indictment. Acevedo's attorneys during the Taillex case were William M. Kunstler, Ronald L. Kuby (both from New York) and Luis F. Abreu-Elías (local counsel).
On April 29, 1985, the instant indictment was unsealed and on May 2, 1985, Acevedo was arraigned. At this time, Acevedo was not represented by Kunstler, Kuby and Abreu-Elías but by Julio Morales-Sánchez, a former United States Attorney, and Julio Gil de Lamadrid, who had been privately retained by him.
On or about April 29, 1985, Ms. Lydia Lizarribar, Assistant United States Attorney, was personally contacted at her residence by Héctor Acevedo, Jr., defendant's son, who was sent by Acevedo, Sr. to deliver a two-page, hand-written note signed by him. In said note, Acevedo indicated that he was interested in pleading guilty to any cases which might be filed against him in exchange for a recommendation by the government of a ten-year sentence in the Taillex case. (See Exhibit 5 of the government's opposition). Acevedo was informed, through his son, that any negotiations with the United States Attorney's Office would have to be conducted through an attorney.
Thereafter, Morales-Sánchez and Gil de Lamadrid approached government counsel in an effort to establish plea bargaining negotiations. Since the obtaining of a lower sentence in the Taillex case appeared to concern defendant, Assistant United States Attorney H. Manuel Hernández inquired as to the role of Kunstler, Kuby and Abreu-Elías in the plea negotiations since they had been Acevedo's attorneys in the Taillex case. Morales-Sánchez and Gil de Lamadrid indicated that they had complete authority to represent Acevedo in all criminal matters where he was involved that were now pending in the United States Attorney's Office.
At the government's urging, Morales-Sánchez and Gil de Lamadrid obtained a letter dated May 1, 1985, from Acevedo addressed to the United States Attorney which expressly authorized them to represent Acevedo in any matter dealing with any criminal case in which he had been indicted or will be indicted in the future.
During the plea negotiations which lasted several weeks, Morales-Sánchez and Gil de Lamadrid informed Assistant United States Attorney Hernández that Acevedo was willing to waive his appeal in the Taillex case, plead guilty in the present case, and in any other case the government filed against him. In exchange, Acevedo expected a recommendation for a sentence of ten years in the Taillex case and ten years concurrent time in this case and all future cases. The negotiations involved the present case, a murder-robbery RICO case to be filed against Acevedo and others in the near future, a bankruptcy fraud case and at the insistence of Acevedo, the sentencing in the Taillex case. The government also agreed not to seek any fines, forfeiture of monies or property of Acevedo.
On May 29, 1985, a status conference was held at which time the parties informed the court that a brief continuance was needed to finalize the plea agreement. The continuance was granted and a final agreement was reached between the attorneys for the defendant and the government. The change of plea hearing was set for June 4, 1985.
On that date, Acevedo again appeared represented by Gil de Lamadrid. Acevedo signed a written plea agreement which set forth the terms of his agreement with the government. This agreement was also signed by both of his attorneys, Morales-Sánchez and Gil de Lamadrid. An official "Petition to Enter a Plea of Guilty" was also filed. This is a document consisting of eleven pages and forty-four questions and answers. Acevedo answered each question and both he and his attorney signed the document and initialed each page. The petition contains these answers:
In an accompanying "Certificate of Counsel" his attorney stated that "to the best of my knowledge and belief the statements, representations and declarations made by the defendant in the foregoing petition are ... accurate and true", and that the plea is "voluntarily and understandingly made."
At the commencement of the change of plea hearing, Acevedo was placed under oath and warned that any false statement would subject him to the penalties of perjury. Defendant stated that he had consulted with his attorneys and was very satisfied with their representation; that he felt all right; that he was not under the influence of any drugs, alcohol or medication; and that he understood the proceedings. Acevedo also informed the court that he had had ample opportunity to discuss the case with his attorneys. His attorney, Gil de Lamadrid asserted that he explained to his client all the charges contained in the indictment, the elements of the offense and the rights waived, and that Acevedo clearly understood the consequences of his plea of guilty. The court also explained to Acevedo all the rights and privileges which he would be waiving by pleading guilty. The maximum sentences that could be imposed were also explained to defendant. The entire indictment was then read to Acevedo and the court also explained the indictment and the legal terminology contained therein.
Upon the court's inquiry, Acevedo asserted that he had not been threatened or forced by anyone to plead guilty. The plea agreement was then read to Acevedo after which the court informed that it was not bound by the agreement, and therefore, could impose the maximum sentence as to both counts; that they could be imposed consecutively with each other and consecutively with any other sentence. Acevedo stated that he understood this. Acevedo also indicated that no prediction, prophecy or promise had been made to him regarding his sentence.
The court went through the entire indictment again asking specific questions as to what the defendant had done and Acevedo gave unhesitating answers admitting his participation in the criminal acts charged. Thereafter, the prosecution summarized the evidence it would have presented had the case gone to trial. Both Acevedo and Gil de Lamadrid expressed their agreement with the government's summary. Complete discovery had been given previously. Gil de Lamadrid stated that defendant did not have any evidence for rebuttal.
After an extensive colloquy, this court accepted Acevedo's guilty plea, and ordered a presentence report. Sentencing was scheduled for June 20, 1985.
On June 5, 1985, the sentencing hearing was held in the Taillex case before Judge Laffitte. Prior to the sentence, local counsel for defendant in that case, Mr. Abreu-Elías, objected to the plea agreement entered and requested that he, as well as Kunstler and Kuby, be relieved from further representing Acevedo in that case. Abreu-Elías was not allowed to withdraw until after sentence was imposed. (See Exhibit 8 of government's opposition).
Prior to the imposition of sentence, and pursuant to the plea agreement, the government recommended to Judge Laffitte that Acevedo be sentenced to a term of fourteen years imprisonment on each of the two counts to be served consecutively. At that time, Assistant United States Attorney Hernández also informed the court that Acevedo had already pled guilty in the instant case and had agreed to save the government the expenses of several trials and an appeal....
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