United States v. Folse

163 F. Supp. 3d 898, 2015 U.S. Dist. LEXIS 176607, 2015 WL 10383067
CourtDistrict Court, D. New Mexico
DecidedOctober 29, 2015
DocketNo. CR 15-2485 JB
StatusPublished

This text of 163 F. Supp. 3d 898 (United States v. Folse) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Folse, 163 F. Supp. 3d 898, 2015 U.S. Dist. LEXIS 176607, 2015 WL 10383067 (D.N.M. 2015).

Opinion

MEMORANDUM OPINION AND ORDER1

James O. Browning, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before Court on: (i) Plaintiff United States’ Sealed Notice of Intent to Introduce Evidence Pursuant to Rule 404(b) and Request for Pretrial Ruling on the Government’s Request to Admit Evidence, filed September 25, 2015 (Doc. 62)(“Notice”); and (ii) Defendant Kevin Folse’s Objection to United States’ Rule 404(b) Notice, filed September 28, 2015 (Doc. 69)(“Objection”). The issues are: (i) whether Plaintiff United States of America may introduce a letter allegedly, authored by Defendant Kevin Folse to “Markus,” a roommate of the alleged victim, Valente Estrada, under the res gestae doctrine because it is inextricably intertwined with the evidence in this case, see Letter to “Markus” (undated), filed September 25, 2015 (Doc. 62-l)(“Estrada Letter”); (ii) whether Plaintiff United States may introduce the Estrada letter to show Folse’s opportunity, knowledge, or the absence of mistake under rule 404(b) of the Federal Rules of Evidence; (iii) whether the United States may introduce the Estrada Letter as a party opponent’s statement; and (iv) whether rule 403 of the Federal Rules of Evidence nonetheless bars the Estrada Letter’s admission because its probative value is substantially outweighed by the danger of unfair prejudice. First, the Court concludes that the Estrada Letter is not admissible under the res gestae doctrine because it is not inextricably intertwined with the present case and did not exist until well after the events underlying the charges. Second, the court determines that the Estrada Letter falls within the scope of rule 404(b), because: (i) the United States provided sufficient notice of the Letter and its attempt to use it for' a legitimate purpose under rule 404(b); and (ii) the letter shows Folse’s consciousness of guilt, which is relevant to issues such as motive, intent, plan, or knowledge. The Court thus denies Folse’s request to declare the letter inadmissible — for want of notice or under rule 404(b) — without prejudice to him renewing the request at trial. The Court reserves judgment whether the United States has authenticated the Estrada Letter by a preponderance of the evidence. Third, the Court is likely to admit [903]*903the Estrada Letter if the United States can sufficiently authenticate it, in part because it is the statement of a party opponent. Fourth, the Court concludes that redactions to the Estrada Letter could mitigate the possibility of unfair prejudice. The Court thus directs the parties to confer on proposed redactions. The Court therefore grants the requests in the United States’ Notice in part and denies them in part, and overrules the Objection in part and sustains it in part. The Court will make pretrial rulings on certain admissions issues, but not on authentication.

FACTUAL BACKGROUND

The Court takes its facts — for background purposes only, as Folse is presumed innocent until proven guilty at trial — primarily from the Criminal Complaint, filed July 6, 2015 (Doc. 2)(“Com-plaint”). It also draws on the Superseding Indictment and hearing transcript for important details where necessary. See Superseding Indictment, filed September 10, 2015 (Doc. 31)(“Superseding Indictment”); Transcript of Motion Proceedings (taken September 30, 2015)(“Tr.”).2

Between June 30, 2015, and July 2, 2015, Albuquerque Police Department (“APD”) detectives searched for Folse, who was fleeing from law enforcement and had committed “various violent crimes.” Complaint ¶ 6, at 3. On July 2, 2015, the APD received information that Folse was present at 1825 Pitt Street NE in Albuquerque, New Mexico. APD officers approached the residence and observed an individual who matched Folse’s descrip- . tion, but could not positively identify him. See Complaint ¶ 7, at 3. They thus did not enter the residence. See Complaint ¶ 7, at 3. At approximately 11:00 a.m., Folse left the house with his girlfriend, Angela Murray.3 Folse held a firearm and a knife to Valente Estrada, a resident of the house, and ordered him to hand over the keys to his silver Saturn passenger car. See Complaint ¶ 8, at 3; Superseding Indictment ¶ 2, at 2. Folse and Murray then fled the house with Estrada in a passenger seat. See Superseding Indictment ¶2, at 2. Folse and Murray did not respond to APD officers’ attempts to stop the car, and Folse later threw a semiautomatic pistol from the car. See Complaint ¶ 8, at 3. He eventually crashed the Saturn and fled on foot. See Complaint ¶ 9, at 4.

At roughly 11:05 a.m., Folse took a 2008 Kia Sorento from Michael B, a juvenile who was in the car. See Superseding Indictment ¶ 4, at 3. Folse ordered him out and drove away. See Superseding Indictment ¶ 4, at 3. Police officers later arrested Folse without incident at the Isleta Casino outside of Albuquerque. See Complaint ¶ 9, at 4.

APD officers interviewed Estrada and one other passenger who escaped from the wrecked Saturn. See Complaint ¶ 11, at 4. Both stated that Folse forced them into the car against their will and that he later threw a firearm from the car’s window. See Complaint ¶ 11, at 4. The United States intends to use Estrada, the passenger from the Saturn, as its “primary witness” against Folse. Tr. at 2:14-15 (Hur-tado).

On September 22, 2015, the United States obtained a photocopy4 of an un[904]*904signed letter that Folse allegedly authored. See Notice ¶ 2, at 1-2. The Estrada Letter is addressed to “Marcus,” also known as “Creeper,” Estrada’s roommate. Estrada Letter at 1. It reads in relevant part:

As of right now, my life is on the line. The F.B.I. is trying to give me life, without parole for being a career krimi-nal [sic], I’m in segregation under investigation 23 hour lockdown, & I start jury trial on Sept. 16th in Federal courthouse Judge Browning. I love you Brother & I hope you can make it. I will be released on all charges if some fool name Valente does not show up to testify against me I need you to say a prayer “do what you can” & be there if you can, also tell Tyler [Robert Springer Tyler] I will help him in Court. I have the title to that Cadillac the A.P.D. lied to him, tell your roommate in the back room I’m a good man & its [sic] all cool just please rap to him for me, tell him to go M.I.A. “chill out for a while” I get set free nxt [sic] week or get life in prison based on Valente testimony.

Estrada Letter at 1 (emphasis added). The United States alleges, “on good faith and belief based on the detailed description of this case, the nature of the letter, and other considerations, that [Folse] wrote that letter.” Notice ¶ 2, at 1. The United States contends that “Valente” is Estrada, Marcus’ roommate and its “primary witness” against Folse. Tr. at 2:14— 15 (Hurtado); id. at 3:13-14 (Hurtado). It has been unable to locate any of the other hostages or potential witnesses to the alleged carjackings. See Tr. at 6:19-22 (Hurtado). It attributes this lack of alternatives to the potential witnesses’ “nomadic lifestyle,” which often involves a lack of full-time jobs, fixed addresses, or regular hours. Tr. at 20:25-21:6 (Hurtado).

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Bluebook (online)
163 F. Supp. 3d 898, 2015 U.S. Dist. LEXIS 176607, 2015 WL 10383067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-folse-nmd-2015.