US v. Taylor
| Decision Date | 20 June 1996 |
| Docket Number | No. 3:96-CR-015 AS.,3:96-CR-015 AS. |
| Citation | 931 F. Supp. 1447 |
| Parties | UNITED STATES of America v. Samuel Todd TAYLOR. |
| Court | U.S. District Court — Northern District of Indiana |
COPYRIGHT MATERIAL OMITTED
Douglas M. Grimes, Gary, IN, for defendant.
William T. Grimmer, Assistant U.S. Atty. Office of the United States Attorney, South Bend, IN, for U.S.
This cause is now before the court pursuant to the following motions: (1) the defendant's motion to dismiss the indictment; (2) the defendant's motion to quash the search warrant and suppress evidence; and (3) the Government's motion in limine. This memorandum will follow up on the proceedings held in open court in South Bend, Indiana, on June 11, 1996, and deal with the issues that were there presented.
On April 4, 1996, the defendant was charged in a two-count indictment returned by a grand jury in this district. Count One of the indictment charges the defendant with knowingly and intentionally possessing with intent to distribute five (5) grams or more of a mixture and substance containing a detectable amount of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). Count Two of the indictment charges the defendant with knowingly possessing firearms in or affecting interstate commerce after having served a prior prison sentence exceeding one year in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The defendant is currently being detained in prison pending trial pursuant to this court's order of May 20, 1996, which upheld the detention order signed by United States Magistrate Judge Robin D. Pierce on April 17, 1996.
The defendant filed a motion to dismiss the indictment on June 3, 1996. In this motion, the defendant raises two grounds challenging the propriety of the grand jury's decision to return the indictment. First, he claims that the grand jury was presented with insufficient legal evidence upon which to base its decision to indict the defendant. Second, the defendant contends that the evidence and testimony upon which the indictment was based consisted purely of hearsay and suspicion and lacked any legal proof. In support of the motion, the defendant offers this court the affidavit of defense counsel, in which defense counsel claims that the prosecutor presented prejudicial, hearsay statements to the grand jury in order to obtain the indictment against the defendant. Thus, the defendant requests that this court dismiss the indictment or, in the alternative, grant the defendant leave to inspect the grand jury minutes and records upon which the indictment is based.
The Government responded to the motion to dismiss the indictment on June 7, 1996. In its response, the Government argues that the indictment is valid on its face and that the defendant's claims are based merely upon speculation and unsupported allegations. Further, the Government argues that a presumption of regularity attaches to grand jury proceedings and that the defendant cannot meet his difficult burden to prove any irregularity under United States v. Battista, 646 F.2d 237, 242 (6th Cir.), cert. denied, 454 U.S. 1046, 102 S.Ct. 586, 70 L.Ed.2d 488 (1981). Additionally, the Government contends that the presentation of hearsay evidence to the grand jury did not infect the proceedings since a grand jury may return an indictment based upon hearsay evidence. Thus, the Government requests that the court deny the defendant's motion to dismiss the indictment.
In open court on June 11, 1996, the Government submitted to the court and defense counsel copies of the transcript of the grand jury proceedings which related to the defendant. The defendant and defense counsel were provided the opportunity to review the grand jury transcript before arguments were heard on the motion to dismiss and the motion to quash the search warrant and suppress evidence. Subsequently, the Government filed a motion to seal the grand jury transcript, which this court granted on June 12, 1996.
The defendant seeks to dismiss the indictment due to alleged abuses in the grand jury proceedings. The court presumes that the defendant makes this motion pursuant to Rule 12(b)(2) of the Federal Rules of Criminal Procedure. Rule 12(b) permits any defense or objection "which is capable of determination without the trial of the general issues" to be raised by pretrial motion. The motion must be decided before trial "unless the court, for good cause, orders that it be deferred at the trial of the general issue or until after the verdict, but no such determination shall be deferred if a party's right to appeal is adversely affected." FED. R.CRIM.P. 12(e).
A pretrial motion is generally "capable of determination" before trial if it involves questions of law rather than fact. United States v. Yasak, 884 F.2d 996, 1001 n. 3 (7th Cir.1989); see also, United States v. Shortt Accountancy Corp., 785 F.2d 1448 (9th Cir.1986); United States v. Korn, 557 F.2d 1089, 1090 (5th Cir.1977); United States v. Jones, 542 F.2d 661, 664 (6th Cir.1976). Rule 12(b) ensures that trials will be efficient and that the defendant will raise defenses and objections which are capable of determination without necessitating a "mini-trial" of the general issue before the actual trial on the merits. United States v. Risk, 843 F.2d 1059, 1061 (7th Cir.1988); United States v. Griffin, 765 F.2d 677, 681 (7th Cir.1985). A claim that is raised on a pretrial motion to dismiss must go to the jury if the claim is substantially intertwined with the evidence concerning the alleged offense. United States v. Shriver, 989 F.2d 898, 906 (7th Cir.1993). However, a motion requiring factual determinations may be decided before trial if a trial of the facts surrounding the commission of the alleged offense would be of no assistance in determining the validity of the defense. United States v. Covington, 395 U.S. 57, 60, 89 S.Ct. 1559, 1560-61, 23 L.Ed.2d 94 (1969).
Recognizing the increasing dependency of grand juries on the United States Attorney to present to it such evidence as it needs for its performance of the function and to furnish it with controlling legal principles, federal courts have become more sensitive to allegations of governmental misconduct before the grand jury and have demonstrated greater willingness to curb prosecutorial abuse of such proceedings. United States v. Udziela, 671 F.2d 995, 998 (7th Cir.1982). However, when a grand jury indictment has been returned against a defendant, there is a strong presumption that the charge is brought in good faith — a defendant bears a heavy burden when seeking to show that a grand jury indictment was pursued by the government in bad faith. Politte v. United States, 852 F.2d 924, 929 (7th Cir.1988). Dismissal of an indictment is warranted if the defendant establishes an abuse of the grand jury process which affects a substantial right of the defendant or impugns the grand jury's integrity. United States v. Peters, 791 F.2d 1270, 1283 (7th Cir.1986). A defendant's unsupported speculation that the grand jury was presented with evidence insufficient to support an indictment will not overcome the presumption of regularity that attaches to grand jury proceedings. See United States v. Lisinski, 728 F.2d 887, 893 (7th Cir.), cert. denied, 469 U.S. 832, 105 S.Ct. 122, 83 L.Ed.2d 64 (1984).
In this case, the grand jury was presented with the testimony of one live witness as well as several written exhibits. The defendant argues that the use of such hearsay testimony affected the regularity of the grand jury proceedings. However, the Government correctly states that, with the exception of the rules relating to evidentiary privileges, the Federal Rules of Evidence do not apply to grand jury proceedings. FED. R.EVID. 1101(d)(2). Thus, it is permissible for a grand jury to return an indictment based partly or solely on hearsay evidence. United States v. Brown, 574 F.2d 1274, 1275-76 (5th Cir.1978). See also, United States v. Kington, 801 F.2d 733, 737 (5th Cir.1986); United States v. Kozerski, 518 F.Supp. 1082, 1089 (D.N.H.1981).1
Further, the Supreme Court of the United States has held that an indictment valid on its face should not be subject to challenge on the ground that the grand jury acted on the basis of inadequate or insufficient evidence. Costello v. United States, 350 U.S. 359, 363, 76 S.Ct. 406, 408-09, 100 L.Ed. 397 (1956); see also, United States v. Roth, 777 F.2d 1200, 1202 (7th Cir.1985). The grand jury may draw its information from a wide variety of sources and "the validity of an indictment is not affected by the character of the evidence considered." United States v. Malsom, 779 F.2d 1228, 1241 (7th Cir.1985) (citing United States v. Wilson, 732 F.2d 404, 409 (5th Cir.1984)). The defendant is protected from the "one-sidedness" of the grand jury since he is entitled to the full protections of the Fifth Amendment at a trial on the merits and at such time is "permitted to expose all of the facts bearing upon his guilt or innocence." United States v. Chanen, 549 F.2d 1306, 1311 (9th Cir.1977).
Upon review of the transcript of the grand jury proceedings in light of the defendant's arguments, the court finds that the defendant falls short of establishing that a substantial right was violated in the grand jury proceeding or that the evidence presented to the grand jury impugned its integrity. The evidence upon which the grand jury based its decision to return the indictment against the defendant, though based primarily on hearsay, was sufficient under applicable case law. Therefore, the court finds that the defendant has not provided sufficient evidence in which to rebut the strong presumption that the indictment was returned in good faith. Thus, the court now DENIES the defendant's motion to dismiss the indictment, and the defendant is granted leave to renew said motion at least ten (10) days in...
To continue reading
Request your trial
- R2 Medical Systems, Inc. v. Katecho, Inc., 94 C 3131.
-
U.S. v. O'Neill
...41(c)(1). Furthermore, a court may base its finding of probable cause on hearsay from confidential informants. United States v. Taylor, 931 F.Supp. 1447, 1459 (N.D.Ind.1996) (citing United States v. Daccarett, 6 F.3d 37, 56 (2nd Cir. 1993)) aff'd, 154 F.3d 675 (7th Cir.1998). Thus, "[e]ven ......