United States v. Lewis

322 F. Supp. 3d 579
CourtDistrict Court, M.D. Pennsylvania
DecidedJune 12, 2018
DocketNo. 4:17-CR-0242
StatusPublished

This text of 322 F. Supp. 3d 579 (United States v. Lewis) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Lewis, 322 F. Supp. 3d 579 (M.D. Pa. 2018).

Opinion

Matthew W. Brann, United States District Judge

Defendant Leonard Maurice Lewis, hereinafter "Lewis," filed a motion to suppress an interview conducted by a United Postal Service Investigator. Although Lewis was read his Miranda rights, and waived those rights both orally and in writing prior to the commencement of the interview, the investigator did not advise Lewis until the close of the interview that he had been indicted two days prior and that the investigator possessed an arrest warrant and would be transporting him to his arraignment. The issue presented here is whether, prior to making incriminatory statements during the interview, the right to counsel had attached, and if it did, whether Lewis knowingly and intelligently waived that right. I hold today that the answer to both questions is affirmative.

I. BACKGROUND

On August 9, 2017, Lewis was charged in a five count indictment1 of various crimes of sexual exploitation of minors.2 Two days later, on August 11, 2017, United States Postal Service Investigator Michael Corricelli, hereinafter "Corricelli" travelled to Lewis's apartment in New York, New York, armed with an arrest warrant. He proceeded to interview Lewis about those crimes.3 Corricelli did not advise Lewis at the outset of the interview that Lewis had been indicted nor that Corricelli possessed an arrest warrant. It was only when Corricelli *581concluded the interview that he informed Lewis of these two facts.

Corricelli testified4 that he has been a postal investigator for twenty-four years. He explained he spent most of his career investigating crimes against children. To maintain and improve his skills, Corricelli took annual training classes, often week long courses in both basic and advanced skills of interrogation. Corricelli is also an instructor at training courses for new employees. Corricelli has previously been qualified in this District as an expert on child exploitation cases, although for the purposes of the instant motion, he was testifying as a lay witnesses as the lead investigator in this matter. Corricelli testified that he has worked as the lead investigator on somewhere between one-hundred thirty and one-hundred forty undercover operations.

The United States Postal Service had investigatory jurisdiction over this matter because the juvenile's mother had discovered a package Lewis sent to the boy that contained both nude male models and a brownie with marijuana in it, among other items. The juvenile is the son of Lewis's cousin, and Corricelli testified that Lewis "spent a significant amount of time over the years with their family."

At some point in time after the investigation began, Corricelli began exchanging multiple text message exchanges with Lewis while posing as Lewis's minor relation. Lewis returned text messages to Corricelli posing as the minor. These text messages included links to sexually graphic activity and 'photo shopped' pictures where Lewis had superimposed his face and the face of the minor over the faces of the men in the pictures engaging in sexually graphic activity. Lewis also sent text messages to the minor suggesting that the minor travel to New York City to visit Lewis (the minor had done so previously) and further proposed that he would 'train' the minor by inserting objects into his rectum.

When Corricelli arrived at Lewis's apartment, he was wearing plain clothes, as opposed to a suit or law enforcement uniform. He revealed that he wore a sweater vest because he was wearing body armor underneath his clothes. He also wore his postal inspector badge in a manner visible to Lewis. No testimony was elicited as to how the other three investigators were dressed.

Corricelli began the interview by asking Lewis if he could record the interview, then spent approximately five minutes 'Mirandizing' Lewis, both orally and in writing. Lewis signed a consent form, copied herein in its entirety.

*582During a May 31, 2018 hearing5 , Corricelli was asked, on cross-examination, if he and the other investigators had discussed not advising Lewis of the arrest warrant and pending indictment at the outset of the interview. Corricelli replied that they had not, explaining "that issue has never been a topic of discussion in my career."

Corricelli testified that he found Lewis to be "intelligent and lucid" during the interview. However, Corricelli believed *583that Lewis was "calculating" in some of his answers, and he knew that Lewis was not being completely forthcoming.

Corricelli attested that he specifically chose to travel to arrest Lewis in order to interview Lewis. He explained that because an arrest warrant had issued, he could have asked a colleague in New York City to arrest Lewis and transport Lewis to the initial appearance and arraignment in Harrisburg, Pennsylvania. However, Corricelli chose to travel to arrest Lewis himself because he wanted to corroborate the story the minor had relayed to him with Lewis's story. He had previously interviewed the minor and his brother.

Corricelli testified that in his years of experience, minor victims, especially male minor victims, tend to leave out parts of the story. In Corricelli's view, this was not an attempt to elicit a confession, but rather a "fact-finding" mission, intended to validate the tale told by the juvenile with Lewis's account.

The interrogation/interview6 lasted approximately forty-five minutes, during which time Lewis made multiple incriminating statements. At the conclusion of the questioning, Corricelli explained to Lewis that he had an arrest warrant and would be immediately driving Lewis to Harrisburg, Pennsylvania for an initial appearance, arraignment, and plea hearing.

Additionally, Corricelli requested permission to search Lewis's cellular phone. Lewis initially consented, but as Corricelli began explaining the consent in detail to Lewis using a similar consent form to the Miranda form, Lewis withdrew his consent to the search. Corricelli promptly halted the search and pressed the issue no further.

During the hearing, the Assistant United States Attorney asked Corricelli if Lewis had asked for an attorney at any point during the interview. Corricelli replied that Lewis never did, and had Lewis requested counsel, Corricelli "would have terminated the interview. Once an individual requests an attorney, the investigation has got to stop."

Following his arrest and arraignment, Lewis filed a motion to suppress7 the interview8 asserting that his Sixth Amendment right to counsel had attached once he was indicted. He asserts that the statements were obtained after that right had attached, and that the statements were not knowingly, willingly, or voluntarily made because Corricelli did not advise Lewis at the commencement of the interview that Lewis had been indicted or that the investigator possessed an arrest warrant and would be arresting Lewis at the conclusion of the interview. Although Corricelli advised Lewis of his Miranda9

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Cite This Page — Counsel Stack

Bluebook (online)
322 F. Supp. 3d 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lewis-pamd-2018.