United States v. Rodella
| Decision Date | 02 February 2015 |
| Docket Number | No. CR 14-2783 JB,CR 14-2783 JB |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. THOMAS R. RODELLA and THOMAS R. RODELLA, JR., Defendants. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER comes before the Court on the Second Motion for a New Trial, filed January 15, 2015 (Doc. 160)("Motion"). The Court held an evidentiary hearing on January 20, 2015. The primary issues are: (i) whether rule 16 of the Federal Rules of Criminal Procedure required Plaintiff United States of America to produce Thomas R. Rodella, Jr.'s medical records to Defendant Thomas R. Rodella before trial; (ii) whether Rodella's failure to obtain the medical records before trial was because of his lack of diligence; (iii) whether the medical records are impeachment material; (iv) whether the medical records are material to a principal issue in the case; and (v) whether the result at trial would probably have been an acquittal if the United States had produced the medical records; and (vi) whether the United States had an obligation under Brady v. Maryland, 373 U.S. 83 (1963)("Brady"), to produce the medical records to Rodella; (vii) whether the United States had an obligation under Giglio v. United States, 405 U.S. 150, 154 (1972)("Giglio"), to produce the medical records to Rodella; (viii) whether the Jencks Act, 18 U.S.C. § 3500, required the United States to produce the medical records to Rodella. Because the United States used the medical records to impeach Rodella's witness, rule 16 did not require the United States to produce them. Rodella knew about the medical recordsbefore trial and should have known of their importance. As such, his failure to obtain them before trial was due to his lack of diligence. The United States Court of Appeals for the Tenth Circuit treats rehabilitation material like impeachment material, which means the medical records are impeachment material. Because the medical records go solely to Rodella, Jr.'s credibility, they are not material to a principal issue in the case. Finally, Rodella, Jr. was impeached on a number of issues outside of his medical records, and, even if Rodella had possession of the medical records, he would not have understood their importance. Accordingly, the result at trial would not have been different. Similarly, because the medical records would not have changed the result at trial, they were not exculpatory material for Brady purposes, and the United States did not have an obligation to produce them. Giglio only applies to material that could impeach a United States' witness, and, because the medical records were used only to impeach Rodella's witness the United States was not required to produce the medical records under Giglio. Finally, the Jencks Act applies only to statements by United States' witnesses and not defense witnesses. The United States was, thus, not required to produce the medical records under the Jencks Act, because they did not contain statements by any United States' witness. For these reasons, the Court will deny the Motion without prejudice to renew if Rodella finds other evidence.
The Superseding Indictment, filed September 9, 2014 (Doc. 55)("Indictment"), alleges that, on March 11, 2014, in Rio Arriba County, New Mexico, Rodella, while acting under color of state law, subjected a person -- Michael Tafoya -- to "unreasonable seizure by a law enforcement officer." Indictment at 1. Specifically, Rodella allegedly used unreasonable force and caused an "unlawful arrest by deputies of the Rio Arriba County Sheriff's Office."Indictment at 1. "This offense resulted in bodily injury" to a person, and included the "use and threatened use of a dangerous weapon." Indictment at 1. The Indictment further alleges that Rodella carried and brandished a firearm "during and in relation to a crime of violence for which the defendant may be prosecuted in a court of the United States," and that, "in furtherance of such crime, possessed and brandished said firearm." Indictment at 1-2.
The original indictment charged Rodella and Rodella, Jr. See Indictment, filed August 12, 2014 (Doc. 2). At the initial scheduling conference, the United States requested the Court to sign a subpoena ordering the Veterans Affairs Hospital in Albuquerque, New Mexico, to release Rodella, Jr.'s medical records. See Transcript from Hearing at 38:22-42:25 (Neda, Bowles, Court)("Scheduling Tr."). Assistant United States Attorney, Tara Neda, noted that she was concerned that Rodella, Jr. could not form the requisite specific intent to commit the charged crimes, because he had suffered a traumatic brain injury, suffers from Post-Traumatic Stress Disorder, takes at least three medications for his brain injury, and is constantly under VA Hospital's care. See Scheduling Tr. at 41:22-42:4 (Neda). Ms. Neda stated that, when she received the medical records, she would provide Rodella, Jr.'s attorney, Jason Bowles, with a copy, and Mr. Bowles stated that he did not object to the VA Hospital releasing the records. See Scheduling Tr. at 42:18-25 (Neda, Bowles, Court). On August 27, 2014, the United States moved to dismiss all of the charges against Rodella, Jr. See United States' Unopposed Motion to Dismiss All Counts of the Indictment as to Defendant Thomas Rodella, Jr. Only, filed August 27, 2014 (Doc. 30)("Motion to Dismiss"). The United States stated that, based on information that it received, Rodella, Jr. "may have certain medical conditions that could negatively affect his cognitive abilities." Motion to Dismiss ¶ 6, at 2. The United States noted that, based on Rodella,Jr.'s medical records, "there is a question as to whether [Rodella, Jr.] was capable of forming the level of specific intent" that is required to violate the charged crimes. Motion to Dismiss ¶ 8, at 2. Before trial, the United States moved to exclude certain evidence concerning psychological conditions of a potential witness. See United States' Sealed Motion In Limine to Exclude Certain Cross-Examination, filed September 9, 2014 (Doc. 48)("MIL"). The United States stated: "Evidence that a witness was under the influence of medications or suffering from a mental condition that affect his ability to perceive or recall are admissible only when said factors were present near or at the time of the incident or trial." MIL ¶ 4, at 1 (citing United States v. Robinson, 583 F.3d 1265, 1274-76 (10th Cir. 2009)).
After a five-day jury trial, Rodella was convicted of violating Tafoya's constitutional rights and of using a firearm during a crime of violence. See Verdict, filed September 26, 2014 (Doc. 127)("Verdict"). During the trial, Rodella, Jr. testified for Rodella. See Transcript of Trial at 40:5-71:4 (taken September 25, 2014)(Neda, Gorence, Wilde, Court)("Trial Tr.");1 id. at 77:8-97:2 (Gorence, Court). On cross-examination, the United States impeached Rodella, Jr. on a number of issues. Rodella, Jr. testified that he was "110 percent sure" that Rodella did not draw his firearm during the March 11, 2014, incident. Trial Tr. at 97:18-20 (Neda, Rodella, Jr.). Almost immediately afterwards, he testified that he had previously stated that Rodella had his firearm drawn. See Trial Tr. at 97:21-98:2 (Neda, Rodella, Jr.). Rodella, Jr. testified that he did not have a firearm with him on March 11, 2014, despite another witness testifying that Rodella, Jr. was carrying a firearm. See Trial Tr. at 102:16-103:20 (Neda, Gorence, Rodella, Jr., Court). Rodella, Jr. testified that, while in the military, he was in sixty air assaults and was underenemy fire, even though he was stationed in Kosovo during his deployment in 2011. See Trial Tr. at 112:25-113:10 (Neda, Rodella, Jr.); id. at 116:8-117:1 (Neda, Rodella, Jr.).
The United States also used Rodella, Jr.'s statements from his medical records during the cross examination. See Trial Tr. at 117:14-118:23 (Neda, Rodella, Jr.). The United States noted that Rodella, Jr. stated that he suffered from memory problems, which he denied. See Trial Tr. at 118:18-23 (Neda, Rodella, Jr.). From the medical records, Rodella, Jr. admitted that he indicated to physicians that he has poor concentration, difficulty getting along with other people, and severe irritability. See Trial Tr. at 149:3-150:3 (Neda, Rodella, Jr.); id. at 162:2-15 (Neda, Rodella, Jr.). At trial, Rodella contended that he had never received a copy of the medical records. See Trial Tr. at 118:25-119:9 (Neda, Gorence, Court). Ms. Neda, stated that she provided Mr. Bowles with a copy of the medical records and that she told Mr. Bowles to provide Robert Gorence, Rodella's attorney, with a copy of the medical records. See Trial Tr. at 119:10-18 (Neda). Mr. Bowles, who was there for Rodella, Jr.'s testimony, agreed to send an electronic mail transmission of the medial records to the Courtroom's Courtroom Deputy Clerk for the CDR to print out and to give Rodella. See Trial Tr. at 121:4-123:4 (Neda, Gorence, Bowles, Court). Rodella was provided a copy of the medical records right before the day's lunch break. See Trial Tr. at 146:16-19 (Court). Rodella never objected to the United States' use of the medical records, requested a continuance, or asked for more time to review them. After the United States finished its cross examination of Rodella, Jr., Rodella moved to admit all of the medical records into evidence. See Trial Tr. at 163:17-164:6 (Gorence, Rodella, Jr.). The United States objected to the medical records' admission, and the Court sustained the objection. See Trial Tr. at 164:12-165:25 (Neda, Gorence, Court).
The United States also requested the Court to take judicial notice of a fact from the Physicians' Desk Reference2 ("PDR") that Rodella, Jr.'s medications may cause certain side effects, including severe depression, but the parties eventually agreed to introduce the PDR text as an exhibit. See 155:9-157:8 (Neda, Gorence, Court). During its closing argument, the United...
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