United States v. Lucas
| Decision Date | 05 October 2018 |
| Docket Number | 1:17-CR-00129 EAW |
| Citation | 338 F.Supp.3d 139 |
| Parties | UNITED STATES of America, v. Richard LUCAS, Defendant. |
| Court | U.S. District Court — Western District of New York |
Timothy C. Lynch, U.S. Attorney's Office, Buffalo, NY, for Plaintiff.
Herbert L. Greenman, Lipsitz Green Scime Cambria LLP, Buffalo, NY, for Defendant.
DECISION AND ORDER
Defendant Richard Lucas ("Defendant") stands accused by way of a one-count Indictment returned on July 11, 2017, with conspiracy to possess with intent to distribute and to distribute 5 kilograms or more of cocaine, in violation of 21 U.S.C. § 846. (Dkt. 18). Defendant was initially charged with co-defendant Dominic Daniels, but Mr. Daniels pleaded guilty on July 19, 2018. (Dkt. 91). Defendant's trial is scheduled to commence on November 7, 2018. (Dkt. 76).
Presently before the Court is Defendant's omnibus pretrial motion seeking several forms of relief, including a motion to suppress evidence and statements obtained on May 15, 2017, when Defendant encountered law enforcement at a hotel parking lot, fled from the scene, ran through traffic on a busy roadway before being apprehended, and subsequently provided post-arrest statements during a law enforcement interview at the police station. For the reasons set forth below, the Court denies Defendant's motion to suppress. (Dkt. 35). In addition, as set forth below, the Court denies without prejudice the other outstanding relief requested by Defendant in his omnibus motion (Dkt. 35), and the Court grants the Government's request for reciprocal discovery (Dkt. 42).
On December 5, 2017, Defendant filed an omnibus pretrial motion seeking several forms of relief, including a motion to suppress evidence and statements obtained on May 15, 2017. (Dkt. 35). The Government filed papers in opposition to Defendant's motion on February 2, 2018. (Dkt. 42). On February 9, 2018, Defendant filed reply papers in further support of his motion. (Dkt. 44). On February 23, 2018, Defendant filed a supplemental motion to suppress, related to evidence obtained during an encounter with law enforcement on July 20, 2015, at the San Diego International Airport. (Dkt. 50). The Government filed papers in opposition to the supplemental motion on March 2, 2018. (Dkt. 53).
This Court initially referred all pre-trial matters to Magistrate Judge Jeremiah J. McCarthy pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). (Dkt. 19). Oral argument was held before Judge McCarthy on March 27, 2018, and an evidentiary hearing was scheduled to commence on May 7, 2018, concerning Defendant's motion to suppress evidence and statements from his July 20, 2015, and May 15, 2017, encounters with law enforcement. (Dkt. 59; Dkt. 60). The hearing commenced as scheduled on May 7, 2018, at which time the Government presented testimony from San Diego County Sheriff's Deputy Eric Mitchell and Town of Cheektowaga Police Sergeant Shawn McAdams, and it began the direct testimony of Erie County Sheriff's Deputy Adam Day. (Dkt. 68). Although initially scheduled to continue on May 17, 2018, Judge McCarthy adjourned the evidentiary hearing at the request of defense counsel, to July 13, 2018. (Dkt. 69; Dkt. 70; Dkt. 71).
This Court vacated the referral to Judge McCarthy, in order to ensure that pretrial proceedings were completed in time for the trial date of November 7, 2018, as discussed on the record at an appearance before the undersigned on May 17, 2018. (Dkt. 74; Dkt. 75). However, the referral remained in place with respect to Defendant's motion to suppress evidence and statements from his July 20, 2015, encounter with law enforcement at the San Diego International Airport. (Dkt. 72; Dkt. 73; Dkt. 74).1 The evidentiary hearing remained scheduled for July 13, 2018, but was set to continue before the undersigned. (Dkt. 72; Dkt. 73; Dkt. 74).
On July 13, 2018, the suppression hearing continued before the undersigned with the completion of testimony from Deputy Day and the presentation of testimony from Drug Enforcement Agency ("DEA") Special Agent Christopher Wisniewski. (Dkt. 94). Defendant elected not to present any witnesses at the hearing, instead relying on his written declaration dated December 4, 2017. (Dkt. 35-3). Both parties submitted post-hearing memoranda on September 4, 2018 (Dkt. 111; Dkt. 113), and reply memoranda on September 7, 2018 (Dkt. 116; Dkt. 117).
Making factual findings necessarily requires this Court to resolve factual disputes concerning Defendant's interactions with law enforcement on May 15, 2017. The Court had the opportunity to view Deputy Day and Agent Wisniewski testify during direct and cross-examination. In contrast, Defendant submitted a declaration wherein he states, in sworn statements, a strikingly different version of events as compared to Deputy Day's and Agent Wisniewski's testimony.
The Court found credible the testimony of both Deputy Day and Agent Wisniewski. The Court did not have the opportunity to evaluate Defendant's credibility through live testimony. Although Defendant submitted a sworn declaration, he was not subjected to cross-examination to test his version of events. See California v. Green , 399 U.S. 149, 158, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970) () (quoting 5 J. Wigmore, Evidence § 1367 (3d ed. 1940) ). Moreover, the documentary evidence, including importantly the dash camera video reflecting the exchanges with Defendant following his arrest (see Govt. Ex.2 10), contradicts Defendant's claims that he requested and was denied medical treatment following his arrest—a critical allegation that Defendant relies on in support of his suppression motion. Thus, while the Court has considered Defendant's declaration, the Court affords greater weight to the live testimony from the law enforcement witnesses presented by the Government. See, e.g., United States v. Choudhry , 24 F.Supp.3d 273, 275 n.1 (E.D.N.Y. 2014) (); United States v. Paulino , No. 12 Cr. 799(RA), 2013 WL 2237532, at *4 (); United States v. Miller , 382 F.Supp.2d 350, 362-63 (N.D.N.Y. 2005) ().
On May 15, 2017, Defendant rented Room # 113 at the Comfort Inn and Suites Buffalo Airport Hotel located at 901 Dick Road, Cheektowaga, New York 14225 (hereinafter referred to as "the Comfort Suites"). (Dkt. 35-3 at ¶ 3). On that date, Deputy Adam Day, who has worked in law enforcement for approximately ten years, was performing surveillance of Mr. Daniels with Erie County Sheriff's Deputy Milbrandt at the Comfort Suites. (T3 at 104-106, 109, 122). A search warrant had been signed that day by a state court judge at 12:21 PM for Mr. Daniels and any vehicle he was operating. (Id. at 106-107; Govt. Ex. 4). Deputies Day and Milbrandt were performing their surveillance of the only entrance/exit to the motel parking lot so that they could observe any vehicles entering and exiting. (T at 111-112). Deputy Day was not wearing a police uniform and was in an unmarked vehicle. (Dkt. 35-3 at ¶ 8; T at 155).
On the date in question, Deputy Day observed Mr. Daniels driving out of the Comfort Suites parking lot in a white pickup truck, but he and Deputy Milbrandt did not follow him. (T at 112, 115-116). Mr. Daniels was identified as having a blue package. (Id. at 115). Deputy Day testified that, at the time of the surveillance, he had information that Defendant was working with Mr. Daniels. (Id. at 116-117). The deputies had a photograph of Defendant and information that he had "possibly worked with Dominic Daniels in the past and that there was prior search warrants with Richard Lucas, so he could be a person of interest" (id. at 117), and that he "could be in the area" (id. at 118).
Sometime4 after Mr. Daniels left the Comfort Suites, Defendant and his 14-year old son arrived at the hotel's parking lot in a black 2017 Corvette bearing a Texas license. (Dkt. 35-3 at ¶¶ 4, 7). The Corvette had its hard-top roof removed. (Id. at ¶ 7). Deputy Day observed the Corvette "with dark tinted windows" drive into the parking lot. (T at 119). According to Deputy Day, the windows were "so dark we couldn't see in the vehicle" in violation of New York Vehicle and Traffic Law § 375(12-a)(b)(2). (Id. ). Deputy Day testified that the Corvette's windows were raised and the top was off. (Id. at 120). Defendant did not address the condition of the windows or their position in his declaration. (See Dkt. 35-3 at ¶ 7 () ). Deputy Day testified that he is authorized to stop people who are driving vehicles with excessively tinted windows. (T at 120). Deputy Day explained that under New York law, 70% of light has to be visible through the side windows, and occupants inside a vehicle are observable when a vehicle has tint within the allowable scope. (Id. at 120-121). In the case of the Corvette, the occupants were not observable. (Id. at 121).
Upon arriving, Defendant drove to the rear of the building and parked next to the pool/fitness center entrance. (Dkt. 35-3 at ¶ 7). Deputies Day and Milbrandt followed the Corvette in their vehicle around the motel parking...
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