United States v. Zheng
| Decision Date | 10 August 2017 |
| Docket Number | Case No. 14-cr-424 |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. JINHUANG ZHENG, et al., Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
MEMORANDUM OPINION AND ORDER
Defendants Jinhuang Zheng ("Zheng") and Mingrui Sun ("Sun") are charged with conspiracy to commit extortion and the use of extortionate means to collect and attempt to collect an extension of credit in violation of 18 U.S.C. § 894(a)(1) (Count One) and knowingly participating in the use of extortionate means to collect and attempt to collect an extension of credit also in violation of 18 U.S.C. § 894(a)(1) (Count Two). Before the Court are (1) various motions in limine filed by the Government in one consolidated document [149], (2) Sun's sur-reply [259] and associated exhibit on the issue of whether he should be allowed to present a coercion or duress defense to the jury, which the Court construes as a motion to present the defense, (3) the Government's Santiago proffer [151], and (4) Zheng's motion in limine to preclude evidence of severity of injuries [194].
For the reasons stated below, the Court grants in part, denies in part, and reserves ruling in part on the Government's motions in limine [149]. More specifically, the Court grants the motions as to arguments directed to jury nullification and Defendants' character for lawfulness (subject to the caveats and line-drawing discussed below) and denies the Government's motion to preclude Sun's coercion defense, concluding that Sun's proffer [259] adequately demonstrates his entitlement to present the defense. The Court reserves ruling on the remainder of the Government's motions. The Court accepts the Government's Santiago proffer [151], as to which no objections have been filed. Finally, the Court denies Zheng's motion to preclude evidence of the severity of injuries [194].
On November 20, 2014, Zheng, Sun, and four co-defendants were charged in a two-count indictment [35] with conspiracy to commit extortion and the use of extortionate means to collect an extension of credit in violation of 18 U.S.C. § 894(a)(1). According to the indictment, Zheng was an owner and employee of Company A. Prior to June 1, 2014, Victim A was an employee of Restaurant A, and Restaurant A owed a debt to Company A for approximately $40,000 worth of goods pursuant to a line of credit. In May 2014, Zheng informed co-defendant Sheng Quan Dong ("Dong") of the outstanding debt owed to Company A. Zheng and Dong recruited Sun and co-defendants Bing Liang Chen ("Chen") and Daniel Zhu ("Zhu") to help collect the debt from Victim A through the use of violence and threats of violence. On June 1, 2014, Zheng, Sun, and three of the co-defendants traveled to Restaurant B in Aurora, Illinois, where Victim A was then an employee. While inside the restaurant, Zheng confronted Victim A and demanded that he pay the debt. When Victim A refused, Zheng, Sun, and the three co-defendants present attacked and physically assaulted him. After the attack, Chen recruited an additional co-defendant, Jack Wu ("Wu"), to help him make further threats against Victim A and to intimidate him into paying the debt.
Dong, Chen, Zhu, and Wu have entered guilty pleas to the charges brought against them. Zheng and Sun are set to be tried by a jury on August 14, 2017. In advance of trial, the Government has moved for the exclusion of a number of categories of evidence, the admission ofbusiness records and certified copies of public documents, and permission to recall a witness throughout trial. See [149]. Zheng's response, as a general matter, urges the denial of the Government's motion on the grounds that the motion merely sets out settled rules for trial: [198] at 1-2. The Court agrees in large part with Zheng, and thus a majority of the issues will be reserved for trial on the understanding that all counsel comprehend and will adhere to the rules. As to other matters, the issues are ripe for decision and the Court believes that some guidance may facilitate the smooth presentation of the evidence at trial.
"Trial courts issue rulings on motions in limine to guide the parties on what evidence it will admit later in trial." Perry v. City of Chicago, 733 F.3d 248, 252 (7th Cir. 2013). The party seeking to exclude evidence "has the burden of establishing the evidence is not admissible for any purpose." Mason v. City of Chicago, 631 F. Supp. 2d 1052, 1056 (N.D. Ill. 2009); see also Jonasson v. Lutheran Child & Family Svcs., 115 F.3d 436, 440 (7th Cir. 1997). As the trial progresses, the Court "remains free to alter earlier rulings" on motions in limine. Perry, 733 F.3d at 252; see also Luce v. United States, 469 U.S. 38, 41-42 (1984) (). "Furthermore, the court may defer ruling on a motion in limine until trial if the parties' arguments 'cannot be evaluated accurately or sufficiently * * * in such a procedural environment.'" United States v. Mandell, 2014 WL 464226, at *2 (N.D. Ill. Feb. 3, 2014) (quoting Jonasson, 115 F.3d at 440). Although motions in limine typically addressevidentiary matters, they may also relate to other matters, such as affirmative defenses and proper lines of inquiry at trial. United States v. Boender, 2010 WL 811296, at *1 (N.D. Ill. Mar. 3, 2010) (citations omitted).
The Government moves to preclude evidence or argument: (1) designed to elicit jury nullification, (2) concerning the Defendants' characters for lawfulness, (3) regarding discovery, (4) explaining or defining reasonable doubt, (5) commenting on the Court's evidentiary rulings, and (6) concerning a coercion or duress defense. In addition to these requests to exclude evidence, the Government also asks the Court to (7) prohibit cross examination outside of the scope of Federal Rules of Evidence 608(B) and 609, (8) admit evidence offered pursuant to Federal Rule of Evidence 803(6) and 902(11), (9) admit certified copies of public records, and (10) recall a specific witness, Special Agent David Patch, throughout trial pursuant to Federal Rule of Evidence 611(A). Both Defendants filed limited responses.
As an initial matter, in view of the absence of any objection and to streamline the presentation of the evidence, the Court admits the Government's evidence offered pursuant to Federal Rules of Evidence 803(6) and 902(11) and the certified copies of public records. In addition, pursuant to Rule 611, the Court will permit the Government to recall Special Agent Patch as it has proposed. The Court also addresses below the parties' arguments on (1) jury nullification evidence, (2) evidence concerning Defendants' characters for lawfulness, and (3) Sun's coercion defense. In regard to the remainder of the Government's requests, counsel have agreed—and are required—to abide by the Federal Rules of Evidence. Accordingly, the Court reserves ruling on such items unless and until a specific ruling becomes necessary at trial.Should either Defendant intend to present evidence or argument in any of the categories covered by the Government's motions, defense counsel should notify the Court in advance.
The Government first moves to bar the introduction of evidence or argument designed to elicit jury nullification. In particular, the Government seeks to exclude evidence concerning the Defendants' (a) age, family needs, and immigration status; (b) the penalties Defendants' face if convicted; and (c) the motivation for investigating or prosecuting this case.
Jury nullification occurs when a jury acquits a criminal defendant even though it has found that the Government has met its burden of proof. See United States v. Rainone, 2013 WL 389004, at *1 (N.D. Ill. Jan. 31, 2013). Neither the court nor counsel should encourage jurors to exercise nullification power, and the Court may preclude defense attorneys from any attempts to present evidence or argument in favor of nullification. United States v. Perez, 86 F.3d 735, 736 (7th Cir. 1996).
The government requests that the Court preclude Defendants from introducing evidence about their age, family needs, or immigration status "so as to infer them as the reason for the defendants' criminal conduct or to invoke sympathies regarding the impact of a conviction upon the defendants or their families." [149] at 3. Zheng has represented that he does not plan to introduce evidence or pursue a line of question along these lines. See [198] at 3.
Sun, however, objects to this request and argues that he has a "right to let the jury know who he is." See [152] at 2. This argument does not respond directly to the Government's motion, which seeks to preclude certain background evidence used for the specific purposes of implying a motive or excuse for the Defendants' criminal conduct or invoking sympathies regarding the financial and/or emotional effect a conviction will have on Defendants' families.Evidence offered for these purposes is improper. See United States v. Henderson, 2012 WL 698796, at *2 (N.D. Ill. Mar. 2, 2012) (); United States v. Johnson, 2011 WL 809194, at *4 (N.D. Ill. Mar. 2, 2011) (...
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