United States v. Jackson

299 F.R.D. 543, 2014 WL 1631933, 2014 U.S. Dist. LEXIS 56218
CourtDistrict Court, W.D. Michigan
DecidedApril 23, 2014
DocketNo. 1:13-CR-246
StatusPublished

This text of 299 F.R.D. 543 (United States v. Jackson) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jackson, 299 F.R.D. 543, 2014 WL 1631933, 2014 U.S. Dist. LEXIS 56218 (W.D. Mich. 2014).

Opinion

OPINION

ROBERT HOLMES BELL, District Judge.

This matter is before the Court on the parties’ cross-motions regarding res gestae or 404(b) evidence (Dkt. Nos. 23, 30), and on Defendant’s motion to exclude the government’s proposed expert witness (Dkt. No. 32). For the reasons that follow, the motions will be granted in part and denied in part.

I.

Defendant is charged in a three-count indictment with the sex-trafficking of Minors #1, #2, and # 3 (the “Minors”). The government filed a broad motion to permit testimony from other prostitutes and witnesses with knowledge of the Defendants’ prostituting of women other than the alleged minor victims in the Indictment. The government advised that some of them testimony will be from their perspective as eye-witnesses of Defendant’s prostituting of Minors #1, #2, and # 3, but that other testimony will relate to what they knew of Defendant’s sex trafficking of themselves or others. The government advised that it intended to introduce this evidence to explain the background of the charged crimes and to corroborate the testimony of Minors # 1, # 2, and # 3. (Dkt. Nos. 23, 24.) Defendant filed a cross-motion to exclude this evidence because it does not qualify as res gestae or Rule 404(b)(2) evidence, it is propensity evidence that is prohibited under Rule 404(b)(1), and should be excluded under Rule 403 because it is substantially more prejudicial than probative. (Dkt. No. 30).

In its trial brief, the government narrowed the evidence it seeks to introduce as res gestae or 404(b) evidence to the following items:

(a) that he provided marijuana, alcohol, cigarettes, and tattoos to minors who worked for him;
(b) that he used sex as a method of control over prostitutes;
(e) that he had other prostitutes, both minors and adults, working for him as part of his sex-trafficking operation;
(d) that he assaulted a minor who used to prostitute for him because she tried to take Minor # 1 away while Minor # 1 was working for him on the street;
(e) that he assaulted Minor #2 for not listening to him while she was prostituting for him; and
(f) that he flashed a gun at Minor # 1 when he was angry with her for something she did with a customer.

(Dkt. No. 36, Gov. Trial Br. 20-21.) The government contends that this evidence will show that Defendant was a pimp and that he used certain methods and tactics to recruit and control prostitutes.

At the hearing on the motion Defendant objected to all six categories of evidence based on his contention that none of this evidence is necessary to prove the charges in the indictment, and is instead prohibited propensity evidence. Defendant argues that this is particularly true with respect to prostitutes who are not named in the indictment.

The Sixth Circuit recognizes the admissibility of res gestae, or background evidence, in limited circumstances when the evidence includes conduct that is “inextrica[545]*545bly intertwined” with the charged offense. United States v. Clay, 667 F.3d 689, 697 (6th Cir.2012) (quoting United States v. Hardy, 228 F.3d 745, 748 (6th Cir.2000)). Res gestae is “an exception to Rule 404(b),” but “it does not allow a party to evade 404(b) by introducing any and all other act evidence.” Id. The res gestae principle is subject to “severe limitations as to temporal proximity, causal relationship, or spatial connections among the other acts and the charged offense.” Id. at 698. Examples of evidence that may come within the res gestae principle are evidence that “is a prelude to the charged offense, is directly probative of the charged offense, arises from the same events as the charged offense, forms an integral part of a witness’s testimony, or completes the story of the charged offense.” Id.

The elements of the government is required to prove at trial to sustain a conviction for sex trafficking are:

First: The defendant knowingly recruited, enticed, harbored, transported, provided, obtained, or maintained by any means Minors # 1, # 2, or # 3;
Second: That the defendant did so knowingly or in reckless disregard of the fact that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act; and Third: That the defendant’s acts were in or affecting interstate or foreign commerce.

(Dkt. No. 39, Jt. Proposed Instructions No. 12.)

The government intends to use evidence that Defendant provided the Minors with contraband, and that he used sex, force, and threats of force,1 to show how the Defendant recruited, harbored, maintained and controlled the minors. How Defendant interacted with the minors and controlled their activities is inextricably intertwined with the charged offense. This includes the assault on another prostitute as long as the government can show that the assault was witnessed by one of the Minors and had the effect, or was calculated to have the effect, of letting her know what Defendant could do to exert control over her.

Evidence that Defendant had other prostitutes working for him2 is more problematic. The government stated in its notice that other prostitutes will testify about how the defendant ran his sex-trafficking business, including the track where he took women to prostitute in Grand Rapids, his rules for prostitutes in terms of payment and time limits, using specific hotels and condom brands, using cell phones to contact prostitutes and customers, and his methods for controlling prostitutes including both sexual intimacy and violence. The government contends that the testimony is necessary for the jury to understand how the commercial sex trafficking of the Minors was part of the Defendant’s broader sex-trafficking operation.

The indictment in this case is confined to Defendant’s sex trafficking of three Minors, not a broader sex-trafficking operation. Evidence that Defendant had other prostitutes working for him, and how he managed them is not inextricably intertwined with the charges in this case unless Defendant somehow puts the issue into contention. See United States v. Willoughby, 742 F.3d 229, 237 (6th Cir.2014) (expressing skepticism that showing a “continuing pattern of illegal activity” or “a common plan or scheme to commit the charged crime” would support admission of a third party’s testimony that the defendant pimped her). To the extent that evidence of Defendant’s other prostitutes is offered to corroborate the testimony of the Minors, it creates a great risk of being prohibited propensity evidence. On the other hand, evidence that a witness prostituted for Defendant might be inextricably intertwined with her testimony about recruiting the Minors, or her eye witness testimony regarding the Minors. Such evidence may also qualify as evidence for another purpose such allowed under Rule 404(b)(2), such as knowledge or absence of mistake. Willoughby,

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Related

United States v. Anderson
560 F.3d 275 (Fifth Circuit, 2009)
United States v. Clay
667 F.3d 689 (Sixth Circuit, 2012)
United States v. Anthony Willoughby
742 F.3d 229 (Sixth Circuit, 2014)
United States v. Sutherland
191 F. App'x 737 (Tenth Circuit, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
299 F.R.D. 543, 2014 WL 1631933, 2014 U.S. Dist. LEXIS 56218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jackson-miwd-2014.