United States v. Green
| Decision Date | 06 July 2016 |
| Docket Number | 12-CR-83S |
| Parties | United States of America v. Ernest Green et al., Defendants. |
| Court | U.S. District Court — Western District of New York |
I. INTRODUCTION
The Hon. William Skretny has referred this case to this Court under 28 U.S.C. § 636(b). (Dkt. No. 3.) Pending before the Court are omnibus non-dispositive and dispositive motions from defendants Ernest Green ("Green"), Rodshaun Black ("Black"), Daniel Rodriguez ("Rodriguez"), John W. Coronado, Jr. ("Coronado"), and Amilcar Ramos ("Ramos"). The motions address different aspects of the charges against all of the defendants under the Hobbs Act, 18 U.S.C. § 1951. The Court held oral argument for the omnibus motions on December 4, 2012, August 19, 2014, March 19, 2015, and June 3, 2015. The Court held evidentiary hearings on February 19, 2014, October 28, 2014, and July 14, 2015. The Court now issues its non-dispositive decisions and dispositive recommendations for each defendant as explained below. The table of contents appearing on the next page will help the reader navigate the various issues raised by each defendant.
I. INTRODUCTION ..................................................................................................................................... 1
II. BACKGROUND ........................................................................................................................................ 3
III. DISCUSSION ............................................................................................................................................. 5
IV. CONCLUSION ........................................................................................................................................ 56
V. OBJECTIONS ........................................................................................................................................... 56
II. BACKGROUND
This case concerns allegations that defendants kidnapped, robbed, and killed someone named Jabril Harper ("Harper"); and kidnapped and robbed a second victim known only as "M.S."; all as part of a violent conspiracy that violated the Hobbs Act. Some basic information about the underlying crimes first appeared in the complaint that the Government filed against Green only on February 23, 2012. (See Case No. 12-MJ-2037, Dkt. No. 1.) According to the Government, (Id. at 3.) The Government then explained in the complaint how then-undisclosed accomplices of Green ordered Harper at gunpoint to accompany them to a van outside Harper's residence, where they assaulted him and robbed him. (Id. at 5.) After the assault and robbery, Green and others allegedly put Harper in the trunk of a different vehicle, drove him to Roosevelt Park, and shot him in the head. (See id. at 6-7.) The original indictment, filed on March 6, 2012, contained Hobbs Act charges against only Green, Black, and Rodriguez. (Dkt. No. 1.)
On December 12, 2014, the Government filed a superseding indictment, which named all five defendants. The superseding indictment contains nine counts. In Count One, the Government accuses all five defendants of Hobbs Act conspiracy in violation of 18 U.S.C. §§ 1951(a) and 2. The conspiracy in Count One includes "the robbery and extortion of assets, including jewelry, mobile telephones, cocaine base, and United States currency, from Jabril Harper a/k/a Bril, an individual engaged in the unlawful possession and distribution of controlled substances, including cocaine base." (Dkt. No. 155 at 2.) In Count Two, the Government accuses all five defendants of Hobbs Act robbery and extortion in violation of 18 U.S.C. §§ 1951(a) and 2. The robbery and extortion allegedly occurred against Harper on December 16, 2009. In Count Three, the Government accuses all five defendants of kidnapping Harper on December 16, 2009, in violation of 18 U.S.C. §§ 1201(a)(1) and 2. In Count Four, the Government accuses Green, Black, Rodriguez, and Coronado of causing Harper's death on December 16, 2009 through the use of a firearm, in violation of 18 U.S.C. §§ 924(j)(1) and 2. In Count Five, the Government accuses all five defendants of violating 18 U.S.C. §§ 924(c)(1)(A)(i), 924(c)(1)(A)(ii), 924(c)(1)(A)(iii), and 2 on December 16, 2009. Defendants allegedly violated these provisions in that they "did knowingly and unlawfully use, carry, brandish and discharge, and in furtherance of such crimes, did knowingly and unlawfully possess, brandish and discharge, a firearm." (Id. at 5.) In Count Six, the Government accuses Green and Black of Hobbs Act conspiracy in violation of 18 U.S.C. §§ 1951(a) and 2. The alleged conspiracy began on January 4, 2010 and included "the robbery and extortion of assets, including controlled substances, United States currency, jewelry, an iPhone, and a North Face coat, from M.S., a person known to the Grand Jury, an individual engaged in the unlawful possession and distribution of controlled...
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