United States v. Best

• Decision Date: 02 September 2022
• Docket Number: 3:20-cr-28 (VAB)
• Parties: UNITED STATES OF AMERICA, v. WALLACE BEST, JEFFREY THOMAS, JASON COX, FRANK BEST, TOMASZ TUROWSKI, and LAMONT JEFFERIES
• Court: U.S. District Court — District of Connecticut

UNITED STATES OF AMERICA,
v.
WALLACE BEST, JEFFREY THOMAS, JASON COX, FRANK BEST, TOMASZ TUROWSKI, and LAMONT JEFFERIES

No. 3:20-cr-28 (VAB)

United States District Court, D. Connecticut

September 2, 2022

RULING AND ORDER ON PRETRIAL MOTIONS

Victor A. Bolden, United States District Judge.

Wallace Best, Jeffrey Thomas, Jason Cox, Frank Jamont Best, Tomasz Turowski, and Lamont Jefferies (collectively, the “Defendants”)^[1] have been charged in a multi-count Superseding Indictment with crimes related to the possession and distribution of narcotics. See Third Superseding Indictment, ECF No. 387 (Mar. 29, 2021) (“Third Superseding Indictment”).

In advance of trial, the parties have filed various motions to preclude or limit certain types of evidence. See Def.'s Mot. in Limine Re: His Prior Incarceration, ECF No. 512 (June 14, 2021) (“Wallace Best Mot. Re: Prior Incarceration”); Def.'s Mot. in Limine Re: His Prior Conviction, ECF No. 513 (June 14, 2021) (“Wallace Best Mot. Re: Prior Conviction”); Motion to Strike 851 Information from Indictment, ECF No. 514 (June 14, 2021) (“Wallace Best Mot. Re: 851 and Prior Acts”); Gov't Mot. Regarding Confidential Source's Presentence Investigation

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Report, ECF No. 859 (Aug. 15, 2022) (“Gov't Mot. Re: CS PSR”); Def.'s Mot. in Limine Re: Sale of Firearms, ECF No. 835 (Aug. 12, 2022) (“Wallace Best Mot. Re: Firearms”); Def.'s Notice Re: Cross Examination; Prosecutor Becoming a Witness; Request for Ltd. Disc., ECF No. 868 (Aug. 19, 2022) (“Wallace Best Notice Re: Cross Examination”); Def. Jeffrey Thomas' Motion in Limine Re: Evidentiary Issues, ECF No. 864 (August 15, 2022) (“Thomas Mot. Re: Evid. Issues”); Motion in Limine Regarding Certain Prior Statements of Alleged CoConspirators, ECF No. 832 (Aug. 11, 2022) (“Cox Mot. Re: Co-Conspirator Statements”); Mot. in Limine Regarding Criminal History and Surplusage in the Third Superseding Indictment, ECF No. 886 (Aug. 24, 2022) (“Cox Mot. Re: Prior Bad Acts”); Def. Turowski's Mot. in Limine and Mem. to Exclude Hearsay, ECF No. 846 (Aug. 15, 2022) (“Turowski Mot. Re: Hearsay”); Def. Turowski's Mot. in Limine with Accompanying Mem. to Preclude Law Enforcement Lay Op. Testimony, ECF No. 847 (Aug. 15, 2022) (“Turowski Mot. Re: Lay Testimony”); Def.

Turowski's Mot. in Limine to Preclude Irrelevant Prejudicial Prior Acts, ECF No. 848 (Aug. 15, 2022) (“Turowski Mot. Re: Prior Bad Acts”); Def. Turowski's Mot. in Limine with Mem. of Law to Preclude Co-Defendant or Co-Conspirator Post-Arrest Statements, ECF No. 850 (Aug. 15, 2022) (“Turowski Mot. Re: Post-Arrest Statements”); Def. Turowski's Mot. in Limine to Preclude Certain Statements and Acts, ECF No. 851 (Aug. 15, 2022) (“Turowski Mot. Re: CoConspirator Statements”); Def. Turowski's Mot. in Limine to Preclude Admission of Testimony from Troopers Ehret and Baher, ECF No. 852 (Aug. 15, 2022) (“Turowski Mot. Re: Trooper Testimony”); Def. Turowski's Mot. in Limine to Preclude Certain Statements and Acts, ECF No. 853 (Aug. 15, 2022) (“Turowski Second Mot. Re: Co-Conspirator Statements”); Def. Turowski's Mot. in Limine to Exclude Testimony from Task Force Officers, ECF No. 854 (Aug. 15, 2022) (“Turowski Mot. Re: Task Force Officer Testimony”); Def. Turowski's Mot. for Sanctions, ECF

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No. 877 (Aug. 22, 2022) (“Turowski Mot. for Sanctions”); Def. Frank Best Mot. in Limine to Prevent or Restrict Evidence Regarding Overdoses, ECF No. 844 (Aug. 14, 2022) (“Frank Best Mot. Re: Overdose”); Def. Frank Best's Mot. to Adopt Co-Defendant's Mot. 757, ECF No. 842 (Aug. 14, 2022) (“Frank Best Mot. to Adopt”); Def. Jefferies' Mot. in Limine Re: Expert Testimony, ECF No. 757 (Mar. 11, 2022) (“Jefferies Mot. Re: Expert Testimony”); Def. Jefferies' Suppl. Mem. in Supp., ECF No. 902 (Aug. 26, 2022) (“Jefferies Suppl. Mem. in Supp. Re: Expert Testimony”); Mot. in Limine (Prior Bad Acts), ECF No. 758 (Aug. 30, 2022) (“Jefferies Mot. Re: Prior Bad Acts”); Mot in Limine - Section 851, ECF No. 836 (Aug. 30, 2022) (“Jefferies Mot. Re: Sect. 851”); Mot. in Limine - Co-Conspirator Statements, ECF No. 837 (Aug. 12, 2022) (“Jefferies Mot. Re: Co-Conspirator Statements”); Gov't Mot. in Limine to Preclude Statements and Evid., ECF No. 858 (Aug. 15, 2022) (“Gov't Mot. Re: Officer Martin”).

Additionally, Defendants have filed several motions for disclosure of evidence. See Def.'s Mot. for Disclosure, ECF No. 767 (Apr. 22, 2022) (“Wallace Best Mot. for Discl.”); Def.'s Mot. for Disclosure, ECF No. 845 (Aug. 15, 2022) (“Wallace Best Second Mot. for Discl.”); Def. Frank Best's Mot for Disclosure, ECF No. 841 (Aug. 14, 2022) (“Frank Best Mot. for Discl.”).

For the following reasons, the [832], [837], [850], [851], [853], and [864] motions as they relate to co-conspirator statements, the [850], [846], and [832] motions as they relate to the Bruton doctrine, the [902], [864], [842], and [757] motions as they relate to the narcotics expert's testimony, the [854] motion, the [847] motion, and the [858] motion are DENIED without prejudice to renewal at trial.

The [877] and [852] motions are DENIED.

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The [514], [836], [864], and [886] motions, as they related to Section 851, and the [845] motion are DENIED as moot.

The Court will reserve judgment on the [886], [864], [848], [844], [835], [758], [514], [513], and [512] motions as they relate to prior acts evidence, and the [859], [841], and [767] motions as they relate to the cooperating source's PSR and CJA-23 until the Court conducts in camera review.

I. FACTUAL AND PROCEDURAL BACKGROUND

This case involves an alleged drug trafficking conspiracy allegedly operated in the North End neighborhood of Bridgeport, Connecticut resulting in the indictment of twelve defendants, including the defendants named below. See United States v. Best, No. 20-CR-28 (VAB).

A. Wallace Best

On February 11, 2020, Mr. Wallace Best was arrested, following the issuance of an arrest warrant on February 7, 2020. See Arrest Warrant, ECF No. 2 (Feb. 7, 2020).

On February 19, 2020, a grand jury returned an Indictment charging Mr. Wallace Best with Conspiracy to Distribute and to Possess with Intent to Distribute Heroin and Fentanyl, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(A)(i) and (vi). See Indictment, ECF No. 13 (Feb. 19, 2020).

On June 18, 2020, Mr. Wallace Best appeared for an arraignment before Magistrate Judge Sarah A.L. Merriam. See Min. Entry, ECF No. 107 (June 18, 2020). He pled not guilty. Id.

On October 5, 2020, a grand jury returned a Superseding Indictment charging Mr.

Wallace Best with an additional count of Conspiracy to Distribute and to Possess with Intent to Distribute Heroin and Cocaine Base/Crack Cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. See Sealed Superseding Indictment, ECF No. 169 (Oct. 5, 2020); see also

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Sealed Second Superseding Indictment, ECF No. 372 (Mar. 15, 2021) (“Second Superseding Indictment”) (charging the same); Third Superseding Indictment (charging the same). The Superseding Indictment further provided information under 21 U.S.C. § 851 that Mr. Wallace Best is subject to enhanced penalties, as he has been previously convicted of a serious drug felony. Sealed Superseding Indictment, ECF No. 169 (Oct. 5, 2020).

On May 11, 2021, Wallace Best again appeared for an arraignment before Magistrate Judge Merriam. See Min. Entry, ECF No. 446 (May 11, 2021). He pled not guilty as to all counts. Id.

On June 14, 2021, Mr. Wallace Best filed a motion in limine seeking to prevent the Government from introducing evidence of his prior incarceration during trial. See Wallace Best Mot. Re: Prior Incarceration. He filed a motion in limine seeking to prevent the Government from using evidence of his August 22, 2002, conviction during the trial. See Wallace Best Mot. Re: Prior Conviction. He also filed a motion to strike the Section 851 information from the Indictment. See Wallace Best Mot. Re: 851 and Prior Acts. The Government opposed these motions. See Gov't Omnibus Response to Defs.' Pretrial Mots., ECF No. 572 (Aug. 3, 2021) (“Aug. 2021 Gov't Opp'n”).

On April 22, 2022, Mr. Wallace Best moved for further disclosure of specific documents, including documents related to the Government's cooperating source. See Wallace Best Mot. for Discl. The Government has not opposed this motion but has filed a separate motion in limine seeking to prevent disclosure of the cooperating source's Presentence Investigation Report (the “PSR”). See Gov't Omnibus Response to Defs.' Mots., ECF No. 895 (Aug. 25, 2022) (“Aug. 2022 Gov't Opp'n”); Gov't Mot. Re: CS PSR.

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On August 12, 2022, Mr. Wallace Best filed a motion in limine seeking to exclude any discussions of the potential sale of firearms from the trial. See Wallace Best Mot. Re: Firearms. On August 15, 2022, he filed a motion for disclosure of a search warrant affidavit signed by Officer Chris Martin. See Wallace Best Second Mot. for Discl. On August 19, 2022, he filed a notice regarding cross examination, the prosecutor becoming a witness, and a request for limited discovery. See Wallace Best Notice Re: Cross Examination. The Government opposed each of these filings. See Aug. 2022 Gov't Opp'n.

B. Jeffrey Thomas

On February 10, 2020, Jeffrey Thomas was arrested on a criminal complaint. See Arrest Warrant, ECF No. 2 (Feb. 7, 2020).

On February 19, 2020, a grand jury returned an indictment charging Mr. Thomas and others with Conspiracy to Distribute and to Possess with Intent to Distribute Heroin and Fentanyl, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(A). See Indictment, ECF No. 13 (Feb. 19, 2020).

On June 18, 2020, Mr. Thomas appeared before Magistrate Judge William I. Garfinkel for an arraignment. See Min. Entry, ECF No. 106 (June 18, 2020). He pled not guilty. Id.

On October 5, 2020, the grand jury returned a Superseding Indictment charging Jeffrey Thomas with an additional count of Conspiracy to...