United States v. Best
| Docket Number | 3:20-CR-28 (VAB) |
| Decision Date | 20 May 2022 |
| Parties | UNITED STATES OF AMERICA, v. WALLACE BEST, et al. |
| Court | U.S. District Court — District of Connecticut |
RULING AND ORDER ON PRETRIAL MOTIONS
Wallace Best, [1] Jeffrey Thomas, Jason Cox, Oscar Garcia-Hernandez, Gustavo Gonzalez-Yanez, David Azarias Morales-Verdugo, Frank Jamont Best, Tomasz Turowski, and Lamont Jeffries (collectively, the “Defendants”)[2] 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, Wallace Best, Jason Cox, and Tomasz Turowski have filed motions to dismiss the count(s) against them in part or in full.[3] See Mot. to Dismiss Indictment, ECF No. 708 (Jan. 27, 2022); Def.'s Mot. to Dismiss, ECF No. 673 (Dec. 3, 2021); Mot. to Dismiss Object of Conspiracy, ECF No. 657 (Nov. 10, 2021); Def.'s Mot to Dismiss Count 8, ECF No. 633 (Sept. 16, 2021).
Wallace Best and Tomasz Turowski also have filed various motions for disclosure of evidence. See Def.'s Mot. for Disclosure, ECF No. 634 (Sept. 17, 2021); Def.'s Mot. for the Prompt Disclosure of Jencks and Other Information, ECF No. 515 (June 14, 2021); Def.'s Mot. for the Prompt Disclosure of Background Evidence, ECF No. 510 (June 14 2021); Mot. for Preservation of Notes, ECF No. 476 (May 26 2021); Prelim. Mot. [to] Inspect[] [ ] Grand Jury Records ECF No. 307 (Dec. 15, 2020); Def.'s Mot. for Disclosure, ECF No. 226 (Nov. 10, 2020).
In addition, Wallace Best, Jeffrey Thomas, Tomasz Turowski, and Jason Cox have filed motions for severance. See Mot. to Sever Count One of the Third Superseding Indictment, ECF No. 564 (July 20, 2021); Def. Turowski's Mot. to Sever, ECF No. 474 (May 24, 2021); Def. Jeffrey Thomas' Mot. to Sever Count One of the Superseding Indictment, ECF No. 268 (Dec. 1, 2020); Def. Wallace Best's Mot. to Sever, ECF No. 267 (Dec. 1, 2020).
For the following reasons, the [633], [657], [673], and [708] motions to dismiss; the [226], [307], [476], [510], [515], and [634] motions for disclosure; and the [267], [268], [474], and [564] motions for severance will be DENIED.
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, [4]including the defendants named below. See United States v. Best, No. 20-CR-28 (VAB).
On February 11, 2020, Mr. 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 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, 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 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 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. 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 December 1, 2020, Wallace Best filed a motion for severance of Count One from the Superseding Indictment. See Def. Wallace Best's Mot. to Sever, ECF No. 267 (Dec. 1, 2020). The Government opposed this motion. See Gov't Omnibus Resp. to Defs.' Pretrial Mots., ECF No. 572 (Aug. 3, 2021) (“Omnibus Opp'n”); see also Gov't Suppl. Submission Re: Severance and Req. for a Status Conference, ECF No. 733 (Feb. 13, 2022) ( ).
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. Best moved for disclosure of Brady and Jencks material in advance of trial. See Def.'s Mot. for the Prompt Disclosure of Jencks and Other Information, ECF No. 515 (June 14, 2021). He also filed a motion requesting, more generally, “the specific background evidence the government intends to introduce in its case-in-chief as direct evidence of the conspiracies charged in the Third Superseding Indictment.” Def.'s Mot. for the Prompt Disclosure of Background Evid., ECF No. 510 (June 14, 2021).[5] The Government opposed these motions.[6] See Omnibus Opp'n at 44-45.
On August 3, 2021, Wallace Best (“Defendant”) moved to strike Section 851 Information from the Third Superseding Indictment in this case. See Def.'s Mot. to Strike, ECF No. 514 (June 14, 2021) (“Mot. to Strike”). The Government opposed the motion. See Omnibus Opp'n.
On September 17, 2021, Mr. Best moved for further disclosure of specific documents that he alleges are within the Government's possession or control. Def.'s Mot. for Disclosure, ECF No. 226 (Nov. 10, 2020); see also Def.'s Mot. for Disclosure, ECF No. 634 (Sept. 17, 2021). The Government opposed these motions. See Gov't Resp. to Def. Wallace Best's Mot. for Disclosure, ECF No. 639 (Oct. 7, 2021).
On December 3, 2021, Mr. Best moved to dismiss the Superseding Indictment in its entirety. See Def.'s Mot. to Dismiss, ECF No. 673 (Dec. 3, 2021). The Government opposed this motion as well. See Gov't Opp'n to Def. Best's Mot. to Dismiss, ECF No. 691 (Jan. 7, 2022); see also Def.'s Reply to Gov't Opp'n to the Def.'s Mot. to Dismiss, ECF No. 724 (Feb. 8, 2022).
On January 14, 2022, the Court denied motions by Mr. Best for a Franks hearing. See Order, ECF No. 699 (Jan. 14, 2022).
On April 22, 2022, Mr. Best filed an additional motion for disclosure. See Mot. for Disclosure, ECF No. 767 (Apr. 22, 2022).
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 March 17, 2020, Mr. Thomas filed an emergency motion for release from custody under 18 U.S.C. § 3142(f)(2)(B). Emergency Mot. for Release from Custody, ECF No. 29 (Mar. 17, 2020). On March 23, 2020, the Court granted Mr. Thomas's motion and released Mr. Thomas as of March 25, 2020 to the custody of Valerie Quarls, under conditions set by the Court. See Order, ECF No. 44 (Mar. 23, 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 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 Superseding Indictment, ECF No. 169 (Oct. 5, 2020); see also Second Superseding Indictment (charging the same); Third Superseding Indictment (charging the same).
On December 1, 2020, Jeffrey Thomas filed a motion for severance of Count One from the Second Superseding Indictment. See Def. Jeffrey Thomas' Mot. to Sever Count One of the Superseding Indictment, ECF No. 268 (Dec. 1, 2020); Def. Jeffrey Thomas' Mem. in Supp. of Mot. to Sever Count One of the Superseding Indictment, ECF No. 269 (Dec. 1, 2020). The Government opposed this motion. See Omnibus Opp'n; see also Gov't Suppl. Severance Resp.
On May 10, 2021, Mr. Thomas appeared before Magistrate Judge Sarah A. L. Merriam for a second arraignment on the charges in the Superseding Indictment. Min. Entry, ECF No. 437 (May 10, 2021). He pled not guilty to all counts. Id.
On January 14, 2022, the Court denied a request by Mr. Thomas for a Franks hearing, as well as a related motion to suppress evidence. See Order, ECF No. 698 (Jan. 14, 2022).
On February 7, 2020, a criminal complaint and arrest warrant issued against Jason Cox. See Compl., ECF No. 1 (Feb. 7, 2020); Arrest Warrant, ECF No. 2 (Feb. 7, 2021). Following an initial appearance, at which the Court appointed Frank L. O'Reilly as counsel, the Court ordered Mr. Cox to be held in pretrial detention. See Min. Entry, ECF No. 7 (Feb. 11, 2020).
On February 19, 2020, a grand jury returned an Indictment charging Mr. Cox 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); see also Second Superseding Indictment (charging the same); Third Superseding Indictment (charging the same). The Indictment further provided information under 21 U.S.C. § 851 that Mr. Cox is subject to enhanced penalties, as he has been convicted previously of a serious drug felony.
On April 28, 2020, Mr. Cox filed a motion for pretrial release. See Mot....
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