United States v. Beaulieu

369 F. Supp. 3d 655
CourtDistrict Court, E.D. Louisiana
DecidedFebruary 25, 2019
DocketCRIMINAL ACTION NO. 18-108
StatusPublished

This text of 369 F. Supp. 3d 655 (United States v. Beaulieu) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Beaulieu, 369 F. Supp. 3d 655 (E.D. La. 2019).

Opinion

NANNETTE JOLIVETTE BROWN, CHIEF JUDGE

Pending before the Court is the United States' "Motion in Limine for Court to Take Judicial Notice that 'Total Immunity Letter' Never Existed, to Prohibit 'Good Faith' or 'Reasonable Belief' Defense, and to Quash Subpoenas."1 In this case, the United States alleges that Defendant Thaddeus Beaulieu's ("Beaulieu") refusal to testify as a witness during a trial conducted in United States v. Dwayne Winans, Jr., et al. , Criminal Docket No. 16-175, after being called before the Court and granted immunity, constituted criminal contempt, and that he could face a sentence of more than six months imprisonment.2 Considering all of the facts and circumstances leading up to Beaulieu's refusal to testify, the Court decided the case should be tried by a jury.3

*657In the instant motion, the United States argues that the Court should take judicial notice that a "total immunity letter" never existed, that the Court should prohibit Beaulieu from presenting a "good faith" defense for his refusal to testify, and that the Court should quash subpoenas Beaulieu has requested for Assistant United States Attorney McMahon ("AUSA McMahon"), Assistant United States Attorney Patrice Harris Sullivan ("AUSA Sullivan") and Special Agent Steven Rayes ("Agent Rayes").4 Having considered the motion, the memoranda in support and in opposition, the record, and the applicable law, the Court will deny the motion.

I. Background

A. Factual Background

On April 23, 2018, the Court issued a writ of habeas corpus ad testificandum to the Sheriff of Orleans Parish, directing the Sheriff to surrender Beaulieu, who was in the custody of the Sheriff, to federal authorities to testify in the underlying criminal trial.5 The underlying criminal trial of Dwayne Winans, Jr. ("Winans") and Bryson Tuesno ("Tuesno") involved felony charges for multiple armed bank robberies, carjackings, and obstruction of justice.6

On April 25, 2018, Beaulieu was called to testify as a material witness for the prosecution.7 His testimony was not voluntary.8 When called as a witness, Beaulieu was brought before the Court, took the stand, and immediately invoked his Fifth Amendment right against self-incrimination and requested assistance of counsel.9 The Court promptly appointed the Federal Public Defender's Office as counsel for Beaulieu.10 The Federal Public Defender then appointed Cynthia Cimino ("Cimino") to represent Beaulieu.11 Before proceeding, the Court provided Beaulieu an opportunity to speak privately with his attorney.12 When the proceedings resumed, the Court stated that "[AUSA McMahon] told the Court that he is going to give the witness full testimonial immunity. That usually comes in the form of a letter so if you could have your office working on that letter...."13 To which AUSA McMahon responded, "sure."14

Later that day, the Court held a conference in chambers, with all parties present.15 During the conference, Beaulieu's attorney, Cimino, stated that Beaulieu refused to testify because he was fearful of potential prosecution.16 Cimino referred specifically to contradictions between her client's testimony and a Federal Bureau of Investigation Form 302 ("Form 302"), memorializing a January 3, 2018 interview *658between an agent and Beaulieu.17 The Form 302 stated that Beaulieu identified Defendants Winans and Tuesno in photographs related to armed bank robberies and that the Defendants attempted to recruit Beaulieu for the bank robberies.18 Cimino stated, "what I think that he could potentially face would be charges of lying to a federal agent or perjury. I don't know that obstruction of justice would necessarily lie, but I can't rule out that, or whatever the government may choose to do, as a result of what I know my client would say versus what is memorialized in the 302."19 Later in the conference, Cimino again reiterated that "[t]he issues I delved into with him with respect to what his testimony would be vis-à-vis what was memorialized in the 302 has really been the focus on my concerns for my client."20 The Court then clarified:

[s]o if [Beaulieu] has this complete statutory immunity - well, let's play this out - and that is his only concern against self-incrimination, then he can certainly get on the stand. And if he explained whatever reason why - if he has changed his testimony, he's immune from any kind of prosecution right? If he has some explanation as to why he signed then and maybe has a change of heart, he would have an opportunity to do that. And [the United Stated] would have the opportunity to cross-examine him on that issue.21

In further response, the United States stated that it had guaranteed Beaulieu informal immunity through a letter from the United States Attorney's Office.22 The letter stated:

The United States agrees that no part of your testimony in this proceeding will be used directly against you in any legal proceeding. The United States may use any statements made in your testimony in a prosecution of you for making a false statement or declaration ( 18 U.S.C. §§ 1001, 1623 ), obstruction of justice ( 18 U.S.C. § 1503, et seq. ) or perjury ( 18 U.S.C. § 1621 ).23

However, Beaulieu indicated that he would not testify voluntarily without a court order requiring him to do so.24 Therefore, Beaulieu requested that the Court issue an order granting formal immunity under 18 U.S.C. § 6002.25 Yet at the same time, when asked by the Court if *659it was his "intention not to testify" and asked if "he just does not want to testify," Beaulieu responded personally by nodding his head in agreement.26 Further, in response, his attorney stated:

I will say that he did not control coming here today.

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Bluebook (online)
369 F. Supp. 3d 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-beaulieu-laed-2019.