United States v. Medina
| Decision Date | 07 May 2014 |
| Docket Number | No. S3 13 Cr. 272 PGG.,S3 13 Cr. 272 PGG. |
| Parties | UNITED STATES of America, v. Robert MEDINA, a/k/a “Pops,” Ruben Estrada, a/k/a “Mafia,” and John Jones, a/k/a “Doe,” a/k/a “Doughboy,” Defendants. |
| Court | U.S. District Court — Southern District of New York |
Christopher Joseph Dimase, Amie Nicole Ely, Jessica Ortiz, U.S. Attorney's Office, SDNY, New York, NY, for United States of America.
David Matthew Rody, Drew Godfrey Rolle, Michael D. Mann, Pouneh Aravand, Timothy James Treanor, Sidley Austin LLP, Susan Vicki Tipograph, Susan V. Tipograph, Attorney at Law, Ira D. London, Law Office of Ira D. London, New York, NY, John M. Burke, John Burke, Brooklyn, NY, for Defendants.
Defendant Robert Medina is charged with (1) conspiring to distribute, and to possess with intent to distribute, 280 grams or more of crack cocaine, and marijuana, in violation of 21 U.S.C. § 846 ; (2) using and carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c) ; and (3) on July 28, 2012, using and carrying a firearm in connection with a drug trafficking crime, and causing the death of a person through use of a firearm, in violation of 18 U.S.C. § 924(j). (S3 Indictment (Dkt. No. 111)).
On July 1, 2013, Medina moved to suppress evidence “of his arrest, identification, and purported [post-arrest] statements” made to members of the New York City Police Department (“NYPD”) on July 28, 2012, claiming that police officers had violated his rights under the Fourth, Fifth, and Fourteenth Amendments. (Dkt. No. 11; Nov. 16, 2013 Def. Br. (Dkt. No. 43) at 1) For the reasons stated below, Medina's motion to suppress will be denied.
Medina's arrest arose from the NYPD's investigation of two shootings in the Bronx on July 28, 2012. (Hearing Tr. 16, 142) The first shooting took place at about 1:00 a.m. near 222nd Street and White Plains Road, and resulted in a non-fatal injury to a bystander outside Scotty Pump Ups Tavern (“Scotty's”). (Hearing Tr. 142) The second shooting took place at about 5:00 a.m. near 228th Street and White Plains Road, and caused the death of Gary Clark. (Hearing Tr. 16, 18, 196).
In an affidavit submitted in support of his motion to suppress, Medina states that he was inside his girlfriend's apartment—Apt. 1A, 721 East 228th Street—on the morning of July 28, 2012.1 ) At approximately 9:30 a.m., he awoke to hear police officers pounding on the door. (Id. ¶ 4) After Medina's girlfriend unlocked the door, officers pushed it open and entered. (Id. ¶¶ 4, 5).
Once inside, officers ordered Medina to get out of bed, grabbed him by the arm, and pulled him into the hallway. (Id. ¶ 5) An officer then took Medina down the hall to a stairwell, instructed him to sit, and questioned him about a shooting. (Id. ¶¶ 5, 6) Medina was not given Miranda warnings. (Id. ¶ 6) At one point during the interview, Medina asked to return to the apartment; his request was denied. (Id. ) Medina does not aver how long he was questioned, but ten minutes after the questioning ended, he was allowed to return to the apartment and the officers left. (Id. ¶ 7) Medina went back to sleep. (Id. ¶ 8).
About two hours later, officers returned to the Apartment 1 A, pounded on the door, identified themselves as “NYPD,” and shouted for the occupants to “open the door, now.” (Id. ¶ 9) They also warned that they did not “want to have to kick the door down,” and that they had “people at the windows.” (Id. ).
When Medina opened the door, he saw several officers with their guns drawn “but not pointed at [him].” (Id. ¶ 10) An officer then entered the apartment, grabbed Medina, pulled him into the hallway, and pushed him up against a wall, where he was frisked and handcuffed. (Id. ) Medina claims that he told the officers that he wanted to speak to a lawyer. (Id. ¶ 11) Detective Mullarkey responded, “You watch too much TV.” (Id. ) Medina was not given Miranda warnings. (Id. ¶ 12).
Medina was then transported to the 47th Precinct. (Id. ) Medina claims that he told another detective that he wanted a lawyer, but that detective told him that they would “talk about that later.” (Id. ¶ 13) Medina was then placed in an interview room. (Id. ) He was not given Miranda warnings. (Id. ).
Medina states that he remained in the interview room for “many hours.” (Id. ¶ 14) Officers occasionally entered the room during that time. (Id. ) After Medina complained that he was cold—because of the air conditioning and his wet clothing—he was given an NYPD raincoat. (Id. ) Medina repeatedly asked whether he was free to leave; officers told Medina that he could not leave, and that he would have to speak with the arresting officer. (Id. ).
After approximately eight hours, Detective Crisfield, Detective Mullarkey, and a third detectives entered the interview room and introduced themselves. (Id. ¶ 15) Medina asked why he had been arrested and was told, “You know what for.” (Id. ) Medina then asked if he could go home, and Detective Mullarkey replied “in substance” that “[i]f you say the right things you can go home tonight.” (Id. ) The officers then questioned him for about an hour without giving him Mirandawarnings. (Id. ) They provided Medina with Chinese food and cigarettes during this interview. (Id. ) Medina does not allege what was discussed during this interview. (Id. ).
After the interview, Detective Crisfield told Medina that he could not “use” any of the interview because Medina had not been read his Miranda rights. (Id. ¶ 16) Crisfield stated that he would read Miranda warnings to Medina and that Medina should then sign a form acknowledging that he had been read his rights.2 (Id. ).
Medina signed the Miranda form but “refused to acknowledge item ‘5.’ ”3 (Id. ¶ 17) After Medina signed the Miranda form, the detectives did not repeat any of the questions asked previously, but instead asked Medina whether he recognized a particular phone number and whether he recognized a man in a photograph. (Id. ¶ 18) Medina was then taken to a cell. (Id. ¶ 19).
The Court conducted a hearing concerning Medina's suppression motion on August 20, 2013, August 21, 2013, and October 25, 2013. NYPD Lieutenant John Fitzpatrick and Detectives Craig Crisfield, Robert Regnier, Gregory Mullarkey, and Steven Smith testified. Medina did not testify or call any witnesses.
As noted above, Medina's arrest was the product of the NYPD's investigation of (1) a shooting at about 1:00 a.m. on July 28, 2012, near 222nd Street and White Plains Road, which resulted in a non-fatal injury to a bystander outside Scotty's; and (2) a shooting at about 5:00 a.m. that same day near 228th Street and White Plains Road that caused the death of Gary Clark. (Hearing Tr. 16, 18, 142, 196) Detective Crisfield was the lead detective for the shooting outside Scotty's. (Hearing Tr. 142) Detective Mullarkey was the lead detective for the Clark homicide, and was assisted by Detectives Smith and Regnier. (Hearing Tr. 55–56, 142, 268–69, 288–89, 365–67) Lieutenant Fitzpatrick supervised the investigation of both shootings. (Hearing Tr. 15–17, 55–56).
Fitzpatrick, Crisfield and other NYPD officers who arrived at the scene of the Clark homicide on the morning of July 28, 2012 observed a bullet-ridden red Cadillac and blood on the ground across the street from an apartment building located at 721 East 228th Street. (Hearing Tr. 30–31, 144) The officers learned that Clark had driven the red Cadillac to this location shortly before his death. (Hearing Tr. 30–31).
Lieutenant Fitzpatrick and other NYPD officers who reported to the scene of the Clark homicide that morning reviewed video footage shot on two nearby security cameras. (Hearing Tr. 23–24) The cameras were trained on an apartment building located at 721 East 228th Street. (Hearing Tr. 23–24) Shortly before Clark was shot, the videotape showed several men milling about in front of the building. (GX 5; Hearing Tr. 19, 368) At the entrance to an alleyway next to the building, one man approached another, and they appeared to speak briefly. (GX 5; Hearing Tr. 19, 368, 372) The first man then walked away, while the other walked into the alley, bent down, and retrieved a long firearm that appears to be a shotgun or rifle. (GX 5; Hearing Tr. 19) That man then returned to East 228th Street, pointed the weapon across the street, and fired approximately three times in the vicinity of where Clark's body was found. (GX 5; Hearing Tr. 19, 27, 373) After the shooting, several men who had been standing in front of the building—including the shooter—ran into 721 East 228th Street. (Hearing Tr. 368, 376–77) One of the detectives who reviewed the videotape—Detective Bonacardi—recognized Defendant Ruben Estrada as the shooter. (Hearing Tr. 57–58).
After watching the videotape, Lieutenant Fitzpatrick directed other police officers to canvass buildings in the area. (Hearing Tr. 30–33) Detectives Crisfield and Mullarkey canvassed 721 East 228 Street at about 9:30 a.m. (Hearing Tr. 146, 293).
When Crisfield knocked on the door to Apartment 1A at 721 East 228th Street, a woman answered the door and told Crisfield that she and her boyfriend—Defendant Medina—were in the apartment, but that neither had seen or heard anything related to the shooting the night before. (Hearing Tr. 147–50) Crisfield did not speak with Medina at that time; his girlfriend reported that he was sleeping. (Hearing Tr. 150).
While the canvass was taking place, Lieutenant Fitzpatrick examined Clark's vehicle, the bullet-ridden red Cadillac. (Hearing Tr. 30–31) Bullet holes on the passenger side of the car “looked like they were going from the back towards the front of the car.” (Hearing Tr. 31).
Soon after, an NYPD detective participating in the canvass told Lieutenant Fitzpatrick that a resident of 721 East 228th Street had...
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