Government of the Virgin Islands v. Richardson

513 F. App'x 199
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 1, 2013
Docket11-3694
StatusUnpublished
Cited by2 cases

This text of 513 F. App'x 199 (Government of the Virgin Islands v. Richardson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Government of the Virgin Islands v. Richardson, 513 F. App'x 199 (3d Cir. 2013).

Opinion

OPINION

SMITH, Circuit Judge.

In August of 1996, a jury found Maurice Richardson guilty of the March 26, 1994 murder of Officer Steven Hodge. On this direct appeal, he challenges his convictions on constitutional and evidentiary grounds. We will affirm.

I

Officer Hodge’s murder took place shortly after 11:00 pm on March 26, 1994. He was shot fourteen times by at least two people using four different guns. Police found only one piece of physical evidence at the scene, a towel with gun residue. It was found near a bush close to Officer Hodge’s home and appeared to have been recently placed there.

Richardson confessed to Athnell Coker that he was involved in the murder. Richardson’s confession included an explanation of how the murder took place: it was an ambush, he had hidden behind some bushes, and he had shot Officer Hodge while he was lying on the ground. Additionally, Richardson gave Coker a sawed-off shotgun with duct tape on the handle that he and Coker buried together in Coker’s backyard. Coker later gave this shotgun to persons sent by Richardson.

Besides Coker’s testimony recounting Richardson’s confession, the other testimony revealed that the murder was the product of a conspiracy among Richardson and his codefendants. On the day of the murder, Gwentin Sellwood saw three of Richardson’s codefendants — Gent Mosby, Carl Fleming, and Ricky Vanterpool — at a store Mosby ran called New York’s Latest Fashions. Sellwood testified at trial that he saw them there and that he saw Mosby remove three guns from a paper bag, two of which he handed to Fleming and Van-terpool. Sellwood also saw a long gun with a damaged handle on the counter behind Mosby. On the back of a chair near Mosby, he saw a towel similar to the one found near the crime scene. Finally, Sellwood also heard Mosby tell his code-fendants that he would pick them up at 11:30 pm so that they could take care of “serious business.”

Witnesses Bernice Celestine, Eustace Sorhaindo, and Shorn Pennyfeather all heard gun shots the evening of the murder and saw four men dressed in black near Officer Hodge’s home shortly before or after his murder. Only Sorhaindo was able to identify at trial any of the four men he saw. He identified Mosby and another codefendant, Pedro Harris. He later recanted his identification of Harris, but he never withdrew his identification of Mosby.

Two days after the murder, Sellwood again encountered Mosby. This time, Mosby had just been questioned by police about the murder of a police officer. Sell-wood helped Mosby clean out New York’s Latest Fashions store and heard Mosby exclaim several times that he would not go to jail. Several months later, Sellwood encountered Mosby, Fleming, and Vanter-pool. Mosby pointedly stopped Sellwood on the street to tell him that “whatsoever you hear in the store or whatsoever you see in the store, don’t ever leave me hear it or otherwise me and the boys them will take you out.”

Richardson offered two defenses at trial. First, he tried to provide an alibi for the evening of the murder by explaining that he was at strip clubs. Second, he claimed that the murder was committed by corrupt Virgin Islands police officers who knew *202 that Officer Hodge was about to report them. In support of this second defense, Richardson offered a recording in which a person involved in the drug business allegedly explained to a confidential informant (“Cl”) that Virgin Islands police officers had approached him to hire a contract killer to murder Officer Hodge. The person in the recording was allegedly Vargas Paniagua, who purportedly assisted in the murder because Officer Hodge owed Pan-iagua cocaine money. Despite Richardson’s attempts, Paniagua was not produced to testify at trial, the recording was not admitted into evidence, and the Cl’s identity was not revealed.

On August 19, 1996, in the Virgin Islands Superior Court, 1 a jury found Richardson guilty of first degree murder, conspiracy to commit murder, and unauthorized possession of a firearm. On November 16, 1996, the Superior Court denied Richardson’s motion for a judgment of acquittal or, in the alternative, a new trial. He then filed a timely appeal to the Appellate Division of the Virgin Islands District Court. Richardson v. Gov’t of Virgin Islands, No. 1997-0015-2, 2011 WL 4357329, at *2 (D.Virgin Islands Sept. 16, 2011) (per curiam). After an unexplained fifteen-year delay, the Appellate Division affirmed Richardson’s conviction on January 22, 2010. Richardson, 2011 WL 4357329, at *12. Richardson timely appealed to this Court.

The Appellate Division had jurisdiction to hear Richardson’s appeal pursuant to 48 U.S.C. § 1613a(a) and (d). We review the Superior Court’s rulings using the same standards of review as those employed by the Appellate Division. Semper v. Santos, 845 F.2d 1233, 1236 (3d Cir.1988); Gov’t of Virgin Islands v. Lewis, 620 F.3d 359, 364 & n. 4 (3d Cir.2010).

II

Richardson challenges his conviction on six grounds. Three arguments relate to the Paniagua tape recording. Richardson argues that the Superior Court violated his Sixth Amendment right to compulsory process when it denied his motion for a writ of habeas corpus ad testificandum requiring Paniagua to testify, that the Superior Court erred by determining that the tape was inadmissible hearsay, and that the Superior Court incorrectly denied his motion to disclose the identity of the Cl who recorded the conversation. These arguments are meritless for the same reasons articulated in the related case of Gov’t of Virgin Islands v. Mosby, No. 11-3676, 512 Fed.Appx. 253, 256-58, (3d Cir. Jan. 30, 2013).

Besides the Paniagua-related arguments, Richardson makes three additional arguments. First, he argues that Athnell Coker’s testimony recounting Richardson’s confession violated the rule of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). Richardson lacks standing to make this argument. “The rule enunciated in Bruton stems from the right to confrontation and is designed to protect the nontestifying confessor’s code-fendant, not the confessor himself.” United States v. Morales, 477 F.2d 1309, 1316 (5th Cir.1973). Thus, even if Coker’s testimony violated Bruton, it did not violate Richardson’s right to confrontation.

Richardson also challenges the District Court’s admission of Coker’s testimony on the grounds that it was inadequately corroborated. This argument was not contemporaneously raised at trial, so we re *203 view for plain error only. United States v. Richards, 241 F.3d 335

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Bluebook (online)
513 F. App'x 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-the-virgin-islands-v-richardson-ca3-2013.