United States v. Israel Santiago-Lugo

167 F.3d 81, 1999 U.S. App. LEXIS 1945, 1999 WL 44726
CourtCourt of Appeals for the First Circuit
DecidedFebruary 3, 1999
Docket96-2363
StatusPublished
Cited by12 cases

This text of 167 F.3d 81 (United States v. Israel Santiago-Lugo) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Israel Santiago-Lugo, 167 F.3d 81, 1999 U.S. App. LEXIS 1945, 1999 WL 44726 (1st Cir. 1999).

Opinion

TORRUELLA, Chief Judge.

Israel Santiago-Lugo (“Santiago-Lugo”) was the lead defendant in a fifty-count indictment returned on June 7, 1995, in the District of Puerto Rico. Count 1 of the indictment charged Santiago-Lugo and thirty co-defendants with conspiracy to possess cocaine base, cocaine, heroin, and marijuana with intent to distribute from 1988 through the date of the indictment, in violation of 21 U.S.C. § 846. Count 2 charged Santiago-Lugo and several co-defendants with engaging in a continuing criminal enterprise, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 848, and further alleged that Santiago-Lugo was the principal administrator, organizer, and leader of the enterprise. Counts 4 through 45 charged Santiago-Lugo and various co-defendants with engaging in monetary transactions in criminally derived property, in violation of 18 U.S.C. §§ 2 and 1957. The jury returned guilty verdicts on all counts. The district court imposed concurrent sentences of life imprisonment as to Count 2 and imprisonment for 10 years as to each of counts 4 through 45, to be followed by concurrent five and three year terms of supervised release. On appeal, Santiago-Lugo challenges procedural rulings made by the trial court. For the following reasons, we affirm.

BACKGROUND

Santiago-Lugo was the kingpin of a vast drug conspiracy. His actions, and those of his associates, are fully documented in this Court’s opinions in United States v. Eulalio Candelaria-Silva, 166 F.3d 19 (1st Cir.1999), United States v. Luis Candelaria-Silva, 162 F.3d 698 (1st Cir.1998), and United States v. Marrero-Ortiz, 160 F.3d 768 (1st Cir.1998).

DISCUSSION

I. Anonymous Jury

The need for the district court to empanel an anonymous jury for Santiago-Lugo and his co-conspirators was enunciated by this Court in Marrero-Ortiz, 160 F.3d at 776. We see no need to rethink our decision.

II. Jury Selection

Our discussion of whether the district court violated Santiago’s constitutional or statutory rights by excusing fourteen jurors prior to voir dire is set forth in Eulalio Candelaria-Silva, 166 F.3d at 28-33. Suffice to say, we held that the district court’s actions did not constitute reversible error.

III. Unfair Trial

Santiago-Lugo contends that the placement of a marshal near the defense table during the testimony of Noemí García-Otero, in conjunction with the anonymous jury, resulted in erosion of the presumption of innocence and, therefore, an unfair trial. His claim is without merit.

First, Santiago-Lugo did not even object to the marshal’s location at trial. In fact, none of the attorneys who inquired about the marshal’s presence expressed any concern that his presence would unfairly convey the message that the defendants were dangerous to the jury. Thus, the record offers no indication that the marshal’s presence and location was “so inherently prejudicial” as to deny the defendants a fair trial. See Holbrook v. Flynn, 475 U.S. 560, 570, 106 S.Ct. 1340, 89 L.Ed.2d 525 (1986). Where there is cause for security measures, a “slight degree of prejudice” is tolerated. See id. at 571, 106 S.Ct. 1340.

Second, with respect to decisions about security at trial, the trial judge “must be accorded broad discretion.” United *84 States v. Darden, 70 F.3d 1507, 1533 (8th Cir.1995). In this case, the district court indicated that the U.S. Marshals Service had requested the specific placement of the marshal. The judge’s dialogue with co-defendants’ counsel appeared to reflect more concern about the marshal overhearing what occurred at the defense table than about the marshal’s presence imparting to the jury a presumption of dangerousness. Therefore, the court properly exercised its discretion in this matter and certainly did not commit plain error.

IV. Conflict of Interest

The presumption in favor of a defendant’s counsel of choice “may be overcome not only by a demonstration of actual conflict, but by a showing of serious potential for conflict.” Wheat v. United States, 486 U.S. 153, 164, 108 S.Ct. 1692, 100 L.Ed.2d 140 (1988). In each case, however, “[t]he evaluation of the facts and circumstances ... under this standard must be left primarily to the informed judgment of the trial court.” Id. Furthermore, although a district court must inquire when advised of a potential conflict of interest, the court may rely on counsel’s representations that no such conflict exists. See United States v. Kliti, 156 F.3d 150, 153 (2d Cir.1998). It is within the district court’s discretion to override a defendant’s waiver of protection from a conflict of interest. See Wheat, 486 U.S. at 164, 108 S.Ct. 1692. Here, the district court properly exercised its discretion in accepting Santiago-Lugo’s waiver of the potential conflict of interest identified by the government, and no actual conflict developed with respect to the evidence presented at trial.

The government’s conflict of interest pleadings reflected that, prior to Santiago-Lugo’s investment in the Magdalena S.E. partnership, his attorney, Humberto Ra-mírez-Ferrer (“Ramirez”), had been a partner. Although correspondence from a bank was addressed to Ramírez as a partner in Magdalena for the period March-July 1992, all other documentation and information reflected that Ramirez’s interest in the partnership terminated prior to Santiago-Lugo’s acquisition of a one-half interest in the partnership from José Gómez-Cruz. Thus, the only information linking Ramirez to Santiago-Lugo’s financial transactions was the evidence — from which Ramirez’s name was redacted — that Ramirez provided and was paid for legal services in conjunction with Santiago-Lugo’s purchase of two gas stations.

In arguing that the district court should have disqualified Ramirez as his attorney, Santiago-Lugo highlights their participation in the Magdalena partnership and legal services that Ramirez subsequently provided to Santiago-Lugo — some in relation to Santiago-Lugo’s interest in the partnership.

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Bluebook (online)
167 F.3d 81, 1999 U.S. App. LEXIS 1945, 1999 WL 44726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-israel-santiago-lugo-ca1-1999.