US v. Gordon
| Citation | 638 F. Supp. 1120 |
| Decision Date | 10 July 1986 |
| Docket Number | Crim. A. No. 85-50048-01,85-50048-02. |
| Parties | UNITED STATES of America v. Karen Ruth GORDON. UNITED STATES of America v. David R. WOODCOCK. |
| Court | U.S. District Court — Western District of Louisiana |
U.S. Atty., Joseph S. Cage Jr. and Asst. U.S. Atty., Joseph G. Jarzabek, Department of Justice, Shreveport, La., for plaintiff.
Alfred R. Beresko, Rebecca L. Hudsmith, Shreveport, La., for Gordon.
E. Daniel Burt Jr., Kim Hanson LaVigne, Shreveport, La., for Woodcock.
MEMORANDUM RULING
To borrow the words of Chief Justice Earl Warren, Spano v. New York, 360 U.S. 315, 79 S.Ct. 1202, 1203, 3 L.Ed.2d 1265 (1959). Due to the multiplicity of issues raised by this appeal of United States Magistrate James M. Barton's ruling denying defendants' motions to suppress, and due to the emotionally charged nature of much of the evidence involved in this case, the resolution of these competing fundamental interests is particularly difficult in this instance.
Nevertheless, a determination must be made. After a review of the facts and jurisprudence, this court concludes that there has been no abridgment of either defendant's individual rights and that suppression of any incriminating statements would only serve to compromise society's interest in law enforcement.
Karen Ruth Gordon and David R. Woodcock are accused of murder and conspiracy to commit murder in connection with the death of Senior Master Sergeant Harry Michael Gordon, 18 U.S.C. §§ 1111 and 1117. Sgt. Gordon was found slain near Flagg Lake on the East Reservation of Barksdale Air Force Base, Louisiana ("BAFB"). Federal murder charges were filed because the death occurred within the special maritime and territorial jurisdiction of the United States. 18 U.S.C. § 7(3).
The discovery, on October 27, 1985, of Sgt. Gordon's body occasioned a joint investigation by the Air Force Office of Special Investigations ("OSI") and the Federal Bureau of Investigation ("FBI"). The principal investigators for the OSI were Agents Travis Coleman, John Gravelee and Ron Kinzel. Late in the investigation, OSI Agent Joseph Walker traveled to BAFB from Maxwell Air Force Base in Alabama to conduct polygraph examinations. Agent Keith Aiken was the principal investigator for the FBI.
Sgt. Gordon was First Sergeant in the 1st Combat Evaluation Group stationed at Barksdale. His wife, Karen, was also employed at BAFB as a civilian Air Force Reserve technician. She held the rank of technical sergeant (Reserves) in the 78th Refueling Squadron. The Gordons were married ten years and had three children. David Woodcock was also a civilian Air Force Reserve technician employed at the Base in the 917th Tactical Squadron.
After making incriminating statements to the OSI during a polygraph test on November 17, 1985, Mrs. Gordon became a suspect in the death of her husband. She made additional incriminating statements the next day and named David Woodcock as the person who shot her husband. These statements led to the arrests of Mrs. Gordon and Woodcock on November 18, 1985. Both defendants moved to suppress these statements and other related materials. A four-day suppression hearing was held before the Magistrate who denied the motions to suppress. Both defendants appealed.
The various constitutional issues raised by the defendants in this case necessitate a comprehensive review of the law enforcement activities leading up to the arrest of both defendants.
Karen Gordon reported her husband as missing to the Barksdale Air Force Base law enforcement desk. The security police on duty there called OSI Agent Travis Coleman. Agent Coleman contacted another member of the OSI, Agent Ron Kinzel. These two OSI agents went to the law enforcement desk and had a brief interview with Karen Gordon. (Tr. 171.) Mrs. Gordon stated that her husband had received phone calls which led to his traveling to the East Reservation of Barksdale AFB on that day. This report was made between 8:00 and 8:30 O'Clock P.M. Id. Agent Kinzel testified that Mrs. Gordon appeared "nervous, although somewhat relaxed" and that she "chain smoked." Id. By the time the OSI agents arrived at the law enforcement desk, the Air Force Security Police had already started a search. Sgt. Gordon was not found that day.
The search for Sgt. Gordon re-commenced in the early morning hours. (Tr. 172.) At approximately noon or 12:15 p.m., his body was found. (Tr. 173.) The crime scene was secured, and the investigation began (Tr. 172-73.) At approximately 3:00 to 4:00 O'Clock P.M., an Air Force casualty notification team informed Karen Gordon that her husband's body had been found. (Tr. 907-08.)
FBI Agent Keith Aiken and OSI Agent John Gravelee went to the Gordon residence. These agents conducted a brief, one-hour interview of Karen Gordon and asked questions about the details of the days prior to her husband's death. (Tr. 49.) Mrs. Gordon was not read her Miranda rights because, at this time, she was not a suspect. (Tr. 47-50.) The agents were not trying to make a case against Karen Gordon. (Tr. 140.) They were trying to find clues for an unsolved murder. The agents informed Mrs. Gordon that her husband had been shot. (Tr. 264.) Karen Gordon was seen drinking beer by both the agents and other visitors to the house on this date. (Tr. 50, 209, 721.)
On this date, Mrs. Gordon authorized a search of her home in which certain computer equipment belonging to her husband was taken by the investigating officials. (Tr. 265-66.) Agent Gravelee and two other OSI agents went to the house and took this equipment. (Tr. 260, 267-68.) This equipment was taken to search for possible clues. (Tr. 271.)
Sgt. Gordon's funeral took place on this date. OSI Agent Coleman went to the Gordon house prior to the funeral and remained there during the funeral for the family's protection. (Tr. 991-92.) OSI Agents Gravelee and Kinzel attended the funeral to monitor who attended and to observe any unusual activity. (Tr. 272, 348.) Mrs. Gordon was drinking vodka at her home after the funeral and became intoxicated. (Tr. 210, 726.) Col. Billy F. Price, Sgt. Gordon's commanding officer, went to the Gordon home following the funeral. Karen Gordon expressed a strong desire to speak to him. (Tr. 215.) Mrs. Gordon expressed some fear of the OSI; however, Col. Price told her not to tell him anything that she could not tell the OSI herself, and that the OSI could not take advantage of her. (Tr. 213-14.) Karen Gordon told Col. Price about her husband's pedophilia and abuse of her children and herself. (Tr. 211, 221-22.) She indicated that she was aware of Sgt. Gordon's pedophilia and abuse prior to their marriage. (Tr. 236.) Mrs. Gordon also indicated to Col. Price that her husband had hidden certain incriminating photographs prior to leaving the house on the day he was shot. Col. Price contacted the OSI office later that day and relayed the fact that Mrs. Gordon might have some information which would be useful in the investigation. Col. Price did not tell the OSI of the photographs which Sgt. Gordon had hidden. (Tr. 225, 232.)
Mid-morning (8:30 to 10:00 O'Clock A.M.) on this date, Mrs. Gordon met Col. Price at his office, and then the two of them went to the OSI office where Karen Gordon was interviewed from approximately 10:00 O'Clock until noon. Col. Price waited outside the interview room. (Tr. 227.) During this interview, Mrs. Gordon told the OSI agents about the child abuse in her home. (Tr. 273.) Apparently, Mrs. Gordon also informed the OSI of the photographs depicting child abuse which her husband had hidden shortly before he left the house on Saturday, October 26, 1985. (Tr. 273.) This interview resulted in a consensual search of the Gordon home. Id. FBI Agent Aiken and OSI Agents Coleman and Kinzel, accompanied by Mrs. Gordon and Col. Price, returned to the Gordon residence sometime around noon. This search lasted approximately five hours. (Tr. 68, 227.) Although the photographs of child pornography and of Sgt. Gordon engaged in a sexual act with a very young girl were found relatively early in the search, the agents continued the search, in part on the suggestion of Mrs. Gordon that other such photographs existed. (Tr. 180, 275.) The investigating officers continued looking for the photographs because they provided a possible motive for the killing. (Tr. 276.) Col. Price, who felt as though he were a father figure for Karen Gordon, believed that nothing was taken at this search which should not have been confiscated by the officers. (Tr. 216.) In fact, Mrs. Gordon told him that she had no problems with the search. (Tr. 233-34.) On this date, Col. Price, in conversation with Karen Gordon, told her that her children could possibly be taken away due to her knowledge of the child abuse and her failure to report it. (Tr. 220, 235-36.)
Karen Gordon spoke on the phone several times with OSI Agent Gravelee and visited the OSI office located one block from her job on the base. No accurate record of the number of such calls or visits was developed.
At approximately 10:00 O'Clock, Karen Gordon met with OSI Agents Gravelee and Coleman. She was told that this was a non-custodial meeting, that she could leave if she wanted to, and that she did not have to...
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