United States v. Merritt
| Decision Date | 16 July 2014 |
| Docket Number | CRIMINAL ACTION NO. 07-550-04 |
| Court | U.S. District Court — Eastern District of Pennsylvania |
| Parties | UNITED STATES OF AMERICA v. ROBERT MERRITT |
MEMORANDUM
Presently before the Court is Defendant Robert Merritt's Motion for Judgment of Acquittal or, in the Alternative, a New Trial (ECF No. 1534) and Supplemental Post-Verdict Motion for a New Trial Based on Newly Discovered Evidence and on Failure to Provide Brady and Giglio Material (ECF No. 1567). For the following reasons, Defendant's Motions will be denied.
On May 13, 2013, a jury found Defendant Robert Merritt guilty of conspiring to participate in the affairs of a racketeering enterprise, in violation of 18 U.S.C. § 1962(d) ("RICO conspiracy"). (Verdict Sheet, ECF No. 1330 (filed under seal).) Defendant was found not guilty of six counts of murder in aid of racketeering under 18 U.S.C. § 1959(a)(1), conspiracy to commit murder in aid of racketeering under 18 U.S.C. § 1959(a)(5), and retaliating against a witness under 18 U.S.C. § 1513(a). (Id.) Defendant was tried along with three co-Defendants: Kaboni Savage; Steven Northington; and Kidada Savage. Defendant now moves for a judgment of acquittal on the RICO conspiracy count, or in the alternative, a new trial on this count. Defendant contends: (1) that the Government's proof at trial coupled with the Court's jury instructions amounted to a constructive amendment of the Indictment on the RICO conspiracycount; (2) that the jury verdicts were inconsistent; and (3) that there was insufficient evidence to support the RICO conspiracy conviction. In addition, in his Supplemental Motion, Defendant seeks a new trial on the basis of newly-discovered evidence.
The seventeen-count Fourth Superseding Indictment was returned on May 9, 2012, charging Defendant and his co-Defendants with various crimes related to a RICO conspiracy involving drug trafficking, murder, and witness intimidation. (Fourth Superseding Indictment ("Indictment"), ECF No. 480.)1 Count 1 of the Indictment, the RICO conspiracy count, charged all Defendants with conspiring to participate in the affairs of a racketeering enterprise, which is referred to in the Indictment as the Kaboni Savage Organization ("KSO"). The Indictment alleged that from late 1997 through April 2010, the KSO conspired and agreed to commit racketeering acts, including murder, dealing in controlled substances, arson, witness tampering, and money laundering. (Indictment ¶ 1(a)-(f).) The Indictment states that Defendants and others were "members of a regional criminal organization" that "maintained control of its drug distributions, and its exclusive control of its drug corners, through a pattern of threats, intimidation, violence, and murder." (Id. at ¶¶ 2, 5.) The Indictment also states that "[i]t was part of the conspiracy that each defendant agreed that a conspirator would commit at least two acts of racketeering in the conduct of the enterprise's affairs." (Id. at ¶ 13.)
The Indictment sets forth the roles that each of the Defendants played with respect to the enterprise, and states that Defendant "was a drug distributor and enforcer for the KSO." (Id. at ¶ 12(b).) The Indictment further states that Defendant "participated in murders, murder conspiracy, arson, the distribution of controlled substances, carrying firearms during violentcrimes, carrying a firearm during a drug trafficking crime, witness tampering, and witness retaliation." (Id.)
The Indictment sets forth 140 paragraphs of overt acts that were allegedly committed by Defendants "[i]n furtherance of the conspiracy, and to effect the objects and purposes" of the conspiracy. (Id. at ¶14(1)-(140).) Many of the overt acts describe events involving coconspirators and Defendant's co-Defendants. The overt acts related specifically to Defendant include the following:
Jury selection for the Fourth Superseding Indictment began on November 7, 2012. Opening statements commenced on February 4, 2013. The guilt phase of the trial lasted approximately fourteen weeks. During the trial, the Government presented over 70 witnesses, over 1000 exhibits, and numerous intercepted Title III wiretap conversations. All of this evidence was used to shape the Government's theory that Defendants, together with other co-conspirators, participated in an overarching RICO conspiracy involving drug distribution, murder, arson, witness tampering, and witness retaliation. Although not all of the evidence and testimony related specifically to Defendant, there was a substantial amount of evidence that permitted the jury to determine Defendant's involvement in the RICO conspiracy. The evidence and testimony as it related to Defendant centered on the October 9, 2004 firebombing of the Coleman residence, and Defendant's drug sales at two drug corners controlled by other KSO associates.
On October 9, 2004, Defendant, together with his first cousin, Lamont Lewis, firebombed the home of Eugene Coleman, a former associate of Kaboni Savage and member of the KSO. (April 1, 2013 Trial Tr. 61, 198-217, ECF No. 1377.) Suspicious that Coleman was cooperating with the Government, Kaboni Savage, together with Kidada Savage, solicited and ordered Lewis, who, in turn, solicited Defendant's assistance, in setting fire to Coleman's home. (Id.) Lewis was charged in the First Superseding Indictment. The charges against Lewis were disposed of by guilty plea on April 21, 2011. (See ECF Nos. 19, 51, 213, 214, 225.) The firebombing took the lives of Coleman's mother, infant son, four other close relatives, and three family pets. (April 10, 2013 Trial Tr. 236-240, ECF No. 1380.) Four of the victims were children ranging in age from 15 years old to 15 months old. At trial, the Government established that the firebombing was ordered by Kaboni Savage, with the assistance of Kidada Savage, to intimidate Coleman from testifying against him at a 2005 drug conspiracy trial. (April 1 Trial Tr. 206-07; April 3, 2013 Trial Tr. 189-190, ECF No. 1378.)
Lewis was portrayed as an assassin or hired gun for the enterprise. Lewis was an important witness for the Government. He testified at trial that he killed eight people on behalf of the enterprise at the direction of Kaboni Savage. (April 1 Trial Tr. 59-61.) In addition to these eight murders, Lewis also murdered three individuals and attempted many other murders. (Id. at 62, 66, 69-70, 72, 77.) Lewis, Kaboni Savage, and other KSO members entered into a pact whereby if any of them cooperated with law enforcement, their mothers would be murdered. (April 1 Trial Tr. 174-74.) Defendant often was seen with Lewis, and was familiar with some of the KSO members such as Kaboni Savage and Eugene Coleman. (April 3 Trial Tr. 33-34, 36-37; March 18, 2013 Trial Tr. 180-83, ECF No. 1367.)
On the evening of October 8, 2004, Lewis received an order from Kaboni Savage and Kidada Savage to firebomb the family home of Eugene Coleman in retaliation for Coleman's cooperation in Savage's 2005 federal drug conspiracy trial. (April 1 Trial Tr. 188-89.)3 At the time, Coleman was incarcerated. Kidada told Lewis to bring someone to help carry out the order. (April 1 Trial Tr. 201, 205.) Lewis told Kidada that he would bring his cousin, Defendant Merritt. (Id. at 205.)
At approximately 2:30 a.m., Lewis called Defendant and told him he needed his assistance. (Id.; March 28, 2013 Trial Tr. 153-54, ECF No. 1307.) Defendant agreed, and traveled from Norristown to North Philadelphia to meet Lewis at Big Faces Bar at 8th and Venango Streets. (April 1 Trial Tr. 205-06; Gov't's Exs. 948, 949, 951.) There, Lewis told Defendant the plan, and Defendant agreed to help him burn down the Coleman residence. (April 1 Trial Tr. 206-07; April 3 Trial Tr. 33-36.) Defendant was aware that Coleman had been cooperating with the Government against Kaboni Savage in the federal drug conspiracy case. (April 1 Trial Tr. 206; April 3 Trial ...
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