US v. Smith

• Decision Date: 04 May 1988
• Docket Number: CR No. 87-60049.
• Citation: 685 F. Supp. 1523
• Parties: UNITED STATES of America, Plaintiff, v. Constance Camellia SMITH, Charles Frederick Smith, and Benjamin Charles Smith, Defendants.
• Court: U.S. District Court — District of Oregon

685 F. Supp. 1523

UNITED STATES of America, Plaintiff, v. Constance Camellia SMITH, Charles Frederick Smith, and Benjamin Charles Smith, Defendants.

CR No. 87-60049.

United States District Court, D. Oregon.

May 4, 1988.

COPYRIGHT MATERIAL OMITTED

Charles H. Turner, U.S. Atty., Thomas M. Coffin, Asst. U.S. Atty., Portland, Or., for plaintiff.

James C. Jagger, Jagger & Holland, Eugene, Or., for defendant Constance Camellia Smith.

Richard L. Fredericks, Oakridge, Or., for defendant Charles Frederick Smith.

Shaun S. McCrea, McCrea, P.C., Eugene, Or., for Benjamin Charles Smith.

OPINION

MARSH, District Judge.

Constance Camellia Smith, Charles Frederick Smith and Benjamin Charles Smith were charged in a five count indictment. All three defendants waived their rights to a jury trial. Thereupon, a court trial was held April 12 and 13, 1988 in Eugene, Oregon. Pursuant to the request of Benjamin Smith and in accordance with Fed.R. Crim.P. 23(c) this opinion constitutes my special findings of fact and conclusions of law. As Constance and Charles joined the request for findings and conclusions at trial, I make special findings of fact as to them also.

In Count 1, Constance, Charles and Benjamin are charged with conspiracy involving false identification documents and making false statements to a federal agency. In Count 2, Constance, Charles and Benjamin are charged with producing, possessing with intent to use five or more, possessing false identification documents with intent to defraud the United States and possessing document-making implements with intent to produce a false identification document. In Count 3, Benjamin and Constance are charged with possession of a sawed-off rifle. In Count 4, Benjamin Smith is charged with being an ex-felon in possession of firearms. In Count 5, Constance and Charles are charged with harboring Benjamin after his escape from a federal penal institution.

FINDINGS OF FACT

Benjamin was convicted in United States District Court for the Northern District of Alabama of fraudulent use of an airman's certificate, displaying misleading aircraft marks, importing marijuana, possessing a controlled substance not part of the cargo manifest and possessing marijuana with intent to distribute. On March 31, 1981 he received a ten year prison sentence. On September 24, 1982 Benjamin escaped.

Woodrow Brown identified Benjamin and testified that he met Benjamin in Alabama in 1983. Benjamin was dropped off at their first meeting by a woman Mr. Brown identified as Constance. At this meeting they discussed buying drugs in Mexico and flying to Mexico. Mr. Brown testified that he later met Benjamin in Arizona and gave him a large sum of money to buy an airplane to smuggle marijuana into the United States from Mexico. Although they agreed to an ongoing operation, Mr. Brown testified that Benjamin and the airplane disappeared after one load was brought in.

In October, 1983 Constance left Georgia. Mrs. Grizzard testified that she was a friend of Constance and handled some tax matters for Constance after she left Georgia. As Constance left without leaving a forwarding address, Mrs. Grizzard would telephone Constance's sister, leave a message and a few days later receive a phone call from Constance from a phone booth followed by cash in the mail. Mrs. Grizzard used the cash to pay real property taxes for Constance.

In late 1983 Benjamin Smith purchased a residence at 624 Mitchell Street, Klamath Falls, Oregon, with cashiers' checks for $20,276.51. This residence was registered to "L. W. Chester." The spouse, for tax records, was listed as "Connie."

Between June and October, 1984 Sergeant Roger Kennard, formerly with the Boulder City, Nevada, police department made a traffic stop of Constance. Sergeant Kennard testified that he advised Constance that Benjamin had escaped and inquired of his whereabouts. Constance testified that she denied knowing of Benjamin's whereabouts and at that time was not advised that he had escaped. Further, she testified that she was not the driver but was a passenger in the automobile.

On August 7, 1984 transfer registration of an automobile was made from Monica Smith, a daughter of Constance, to "Mary Kay Adams."

On September 23, 1985 "L.W. Chester" transferred the residence at 624 Mitchell to "Shauna Hills."

Receipts seized during the search of 624 Mitchell Street indicated that the name "Mary Kay Adams" was used to lease a mail drop in Springfield, Oregon on July 20, 1984. Further, a receipt in the name of "Laura Judge" dated August 16, 1985 for the lease of a mail drop was found in the residence.

On October 24, 1987 Benjamin and Charles were arrested by the United States marshalls at a truck stop in Klamath Falls. At the time of his arrest Benjamin claimed to be Sam Blakely and Charles claimed to be Barrymore Rockefeller III. Benjamin was carrying a New Mexico driver's license, a Florida driver's license, a South Carolina birth certificate, a Federal Aviation Administration (hereinafter "FAA") pilot's certificate and miscellaneous other documents all in the name of Sam Blakely. At the time of his arrest, Charles was carrying two Washington drivers' licenses, five FAA pilots' certificates, a Rhode Island birth certificate and Mexican visa all in the name of Barrymore Rockefeller III.

Benjamin and Charles were arrested driving a Mercury Zephyr. A New Mexico driver's license, bearing a photograph resembling Charles, an FAA pilot's license and a vehicle registration in the name of Richard Alex Meyers were seized during the search of the Zephyr.

Shortly afterwards Constance was arrested nearby. She initially identified herself as "Shauna Hills." A vehicle registration document in the name of "Laura Judge," a New Mexico driver's license in the name of "Shauna Judge," a Utah birth certificate in the name of "Shauna Hills" and a blank Social Security card were seized from her and from the Volkswagon automobile she was driving.

On the same day a search warrant was executed at 624 Mitchell Street. A shotgun, sawed-off rifle and a 9 mm pistol were seized from the downstairs master bedroom. The shotgun was found up against the pedestal next to the bed. The sawed-off rifle was found on the shelf in a small closet also containing a lower leg prosthetic device. The pistol was found in a night-stand.

In addition, blank birth certificate forms, blank Social Security cards and blank FAA airman certificate and student pilot forms were seized. Birth certificates from Idaho, Rhode Island, South Carolina and Utah were seized as were drivers' licenses from New Jersey, Florida, Texas and Canada. The names on the birth certificates and drivers' licenses located in the master bedroom and kitchen were L. W. Chester, Samuel Blake, L. W. Chestnut, Robert Burke, James Price, Charles Court, Gerald Olsen, Barrymore Rockefeller III, Eric Charles Crouter and Todd Baker.¹ The names on the birth certificates and drivers' licenses located in the upstairs area of the residence were William Crane, George Pasqual, Mary Kay Adams, Charles Smith, Benjamin Smith and Constance Smith. Receipts, traffic citations and utility bills were seized bearing the names Shauna Hills, Shauna Judge, Mary Kay Adams, Laurie Judge, Connie Chester, Rae Ann Judge and Alex Meyers. FAA airman certificates and student pilot certificates were seized bearing the names George Pasqual, Robert Blake, Pasqual Cabral and Barrymore Rockefeller. Notebooks containing background information on Shauna Hills, Shauna Judge and Mary Kay Adams and instructions regarding obtaining identification and death records were seized.

Charles Court testified that he lost his wallet and identification cards in September, 1987. Further he testified that he did not know any of the defendants nor give them permission to use his identification cards.

Jack Savage, Alabama Chief Probation Officer, identified Benjamin and Constance and testified that he was present when Benjamin was convicted in 1981. Further, he testified that Constance was present at a bond hearing subsequent to his conviction.

Jerry Tate, Special Agent of the United States Treasury, Bureau of Alcohol, Tobacco and Firearms, testified that the sawed-off rifle was not registered to Benjamin or Constance as required under federal law. Further he testified that the sawed-off rifle, shotgun and pistol were not manufactured in the state of Oregon.

James Kuykendahl, Federal Aviation Administration safety inspector testified as to an investigation of Barrymore Rockefeller regarding a review of his license and flight logs. He testified as to his attempts to locate Mr. Rockefeller, an appeal of a revocation of Mr. Rockefeller's pilot's license and the inability of their agency to work with false identification information.

In addition, testimony was reviewed from representatives of the Oregon State Police, a Special Agent of the Internal Revenue Service Criminal Division, employees of the First Interstate Bank, Sadona, Arizona, two Deputy Marshalls, a representative of the Kentucky Bureau of Prisons, an agent of the United States Customs Service, two agents of the Drug Enforcement Agency, and a Lane County Deputy District Attorney.

BURDEN OF PROOF

The government must establish the defendant's guilt by proving the facts beyond a reasonable doubt. United States v. Wosepka, 757 F.2d 1006, modified, 787 F.2d 1294 (9th Cir.1985). A reasonable doubt is a doubt based on reason and common sense. Id. This means that the court must find a defendant not guilty if after considering all the evidence presented at trial it has a doubt based on reason and common sense that the government has proved the defendant's guilt. Id. The court may not convict on the basis of mere suspicion. Id.

DISCUSSION

Count 1

In Count 1 Constance, Benjamin and Charles are charged with knowingly and intentionally conspiring to (1) produce, possess and use false identification documents in or affecting interstate commerce...