United States v. Bauzo-Santiago

89 F. Supp. 3d 253, 2015 U.S. Dist. LEXIS 14817, 2015 WL 505733
CourtDistrict Court, D. Puerto Rico
DecidedFebruary 6, 2015
DocketCriminal No. 12-602 (FAB)
StatusPublished

This text of 89 F. Supp. 3d 253 (United States v. Bauzo-Santiago) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bauzo-Santiago, 89 F. Supp. 3d 253, 2015 U.S. Dist. LEXIS 14817, 2015 WL 505733 (prd 2015).

Opinion

OPINION AND ORDER

BESOSA, District Judge.

Before the Court are defendant Jaime Bauzo-Santiago’s motions for a judgment of acquittal, (Docket No. 224), and for a new trial, (Docket No. 225). For the rea[256]*256sons that follow, the defendant’s motions are both DENIED.

BACKGROUND

As is standard protocol, the Court summarizes the key facts in a light most compatible with the jury’s verdict and in a manner consistent with the trial record. See United States v. Valerio, 676 F.3d 237, 240 (1st Cir.2012); United States v. Polanco, 634 F.3d 39, 40 (1st Cir.2011).

The Arrest

On the night of July 24, 2012, Agent Eduardo Santos-Davila (“Agent Santos”), a member of the Puerto Rico Police Department’s Control and Prevention Unit (the “Preventive Unit”), was one of several officers tasked with patrolling the municipality of Carolina. (Docket No. 220 at pp. 66-69.) As part of his patrolling duties for the Preventive Unit, Agent Santos tended to survey areas within the northern part of Carolina, including the “La Cerámica” development, and he did so on that night, joined by three other patrol cars. Id.

While driving a marked police vehicle on Caoba Street in La Cerámica, Agent Santos saw a man later identified to be the defendant, Jaime Bauzo-Santiago (“Bau-zo”), standing outside of a black Mercedes-Benz SUV. (Docket No. 220 at pp. 72-73.)1 Caoba Street runs two ways, and the SUV was parked on the side opposite Agent Santos, with its front facing him. Id. As he advanced slowly toward the SUV, Agent Santos observed Bauzo remove a pistol from his waistband and throw it in the SUV before walking to a nearby house. Id. At that point, Agent Santos exited his patrol car and approached Bauzo to ask whether he had a license to carry firearms. Id. at pp. 74-75. When Bauzo answered that he did not, Agent Santos requested that Bauzo accompany him to the SUV. Id. Agent Santos then opened the closed, but unlocked door of the SUV and saw the pistol on the car’s driver-side floor. Id. at pp. 75-76. Agent Santos seized the pistol and arrested Bau-zo. Id. at p. 76. Some of Agent Santos’s fellow officers, who had arrived during the intervention, and a few bystanders observed these events. Id. at pp. 79-80.

At the police station, after being advised of his constitutional rights, Bauzo told Agent Santos that he possessed the firearm for his safety because he sold jewelry and clothing. (Docket No. 220 at pp. 84-85.) Indeed, a vehicle inventory later revealed jewelry and clothing items inside of the SUV. Id.

The Pre-Trial Proceedings2

On August 2, 2012, a grand jury indicted Bauzo, charging him with violating 18 U.S.C. § 922(g)(1), a statute that makes criminal a convicted felon’s possession of a firearm. (Docket No. 9.)3 Magistrate Judge Carreño-Coll appointed the Federal Public Defender to represent Bauzo. (Docket No. 5.) Initially, Carlos A. Vazquez-Alvarez (“AFPD Vazquez”) appeared on Bauzo’s behalf. (Docket No. 8.) Later, Thomas Trebilcoek-Horan (“AFPD [257]*257Trebilcock”) joined the defense team. (Docket No. 26.)

Pleading not guilty, Bauzo filed a motion to suppress the evidence procured from the search of his vehicle as well as the statements he made to law enforcement officials subsequent to the search. (Docket No. 27.) Bauzo contested the constitutionality of the warrantless search, averring that Agent Santos lacked probable cause and that no recognized exception otherwise excused the officer’s noncompliance with the Fourth Amendment’s warrant requirement. Id. at p. 2. To that end, Bauzo urged the Court to suppress “all evidence allegedly [obtained] from his vehicle” on the night of his arrest, including his concomitant, statements, as “fruits of the illegal search.” Id. at pp. 2-3, 12. The government opposed, contending that Bauzo lacked standing to challenge the search and that, in any event, the search was constitutionally sound in light of either the plain view exception or the inevitable discovery doctrine. (Docket No. 32.)

On January 22, 2013, Judge Cerezo referred Bauzo’s suppression motion to a magistrate judge for a report and recommendation. (Docket No. 35.) On March 7, 2013, Magistrate Judge Yelez-Rive held an evidentiary hearing, during which each party presented witnesses and exhibits. See Docket Nos. 46, 47, 56.4 On March 20, 2013, Magistrate Judge Velez-Rive issued a report and recommendation finding that Bauzo in fact had standing, resolving based on conflicting witness testimony that probable cause to search the Mercedes-Benz SUV was absent, and suggesting that the pistol and Bauzo’s post-arrest statements be suppressed. (Docket No. 48 at pp. 3-8, 23, 27.) Thereafter, the government twice objected to the magistrate’s report and on both occasions requested a de novo hearing so that the district court could make its own determination as to witness credibility. (Docket Nos. 53, 65.) Each time, Bauzo opposed. (Docket Nos. 60, 68.)

On August 26, 2013, Judge Cerezo ordered a de novo evidentiary hearing limited to the same witnesses, (Docket No. 70 at p. 6), which was held on December 11, 2013, (Docket Nos. 74, 76).5 The parties then submitted additional, post-hearing briefing for and against suppression. (Docket Nos. 77, 78.)

On January 16, 2014, Judge Cerezo issued' an order rejecting the magistrate judge’s report and recommendation and denying Bauzo’s motion to suppress. (Docket No. 81.) Having listened to live testimony of the same witnesses, Judge Cerezo assessed the government witness to be more credible, a finding that necessarily altered the probable cause calculus. See id. at p. 5. Ultimately, both the pistol and Bauzo’s post-search statements were introduced at trial. (Docket No. 220 at pp. 78-79, 84.)

[258]*258On March 19, 2014, two days before trial was set to begin, Bauzo’s attorneys, AFPDs Vazquez and Trebilcock, filed a sealed, ex -parte motion to withdraw as defense counsel. (Docket No. 90.) Approximately two months later, on May 20, 2014,6 with the defense attorneys’ motion still pending, the clerk posted to the docket a handwritten letter in Spanish to the Court,7 purportedly from the defendant,8 as a pro se motion to appoint counsel. (Docket No. 94 (the “May 20 Letter”).) As confirmed by a later-issued certified translation, the letter primarily conveyed the defendant’s desire for new counsel, indicating a breakdown in his relationship with his court-appointed attorney. See Docket No. 173-1 at p. 1 (lamenting that AFPD Vazquez “[did] not have interest in [Bauzo’s] case,” indicating a lack of “good communication” with AFPD Vazquez, and seeking to replace AFPD Vazquez). The letter, however, also included an incriminating statement: “I, Jaime Bauzo Santiago, with number 40236-069, have always accepted my responsibility as to guilt, the only thing that I ask of you is that the time for the weapons law crime be a reasonable one.” Id.

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Bluebook (online)
89 F. Supp. 3d 253, 2015 U.S. Dist. LEXIS 14817, 2015 WL 505733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bauzo-santiago-prd-2015.