United States v. Martel

958 F. Supp. 211, 1997 U.S. Dist. LEXIS 3760, 1997 WL 145017
CourtDistrict Court, D. New Jersey
DecidedMarch 27, 1997
DocketCriminal No. 96-0683
StatusPublished
Cited by1 cases

This text of 958 F. Supp. 211 (United States v. Martel) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Martel, 958 F. Supp. 211, 1997 U.S. Dist. LEXIS 3760, 1997 WL 145017 (D.N.J. 1997).

Opinion

OPINION

ORLOFSKY, District Judge:

This criminal matter requires this court to determine whether the representation of these two co-defendants by their chosen counsel, two attorneys who propose to represent each defendant jointly, raises actual or serious potential conflicts of interest, and, if so, whether the defendants may waive any such conflict of interest. These questions compel this court to examine the perils of joint representation in light of Rule 44(c) of the Federal Rules of Criminal Procedure, and the cases which have interpreted it.

For the reasons set forth below, I conclude that the multiple representation proposed in [213]*213this case raises serious potential conflicts of interest. Furthermore, based upon the defendants’ responses to the court’s questions at a hearing conducted to inquire into these potential conflicts, I find that the defendants have not knowingly, intelligently and voluntarily elected to waive their Sixth Amendment right to conflict-free representation. Finally, I harbor grave doubts whether a district court should accept even a knowing, intelligent and voluntarily waiver in the face of the potential conflicts of interest presented by the unique facts and circumstances of this case.

I. Facts and Procedural History

On November 7, 1996, defendants, Juan Garcia Martel (“Garcia”) and José Solis (“Solis”) were arrested by New Jersey State Police detectives at a gas station in Jersey City, New Jersey. Solis was approached at the scene by Detective James E. Price who asked for and obtained Solis’s permission to search the van he was driving, which bore Texas license plates. Several adults and minors were found in the van.

State Police detectives subsequently contacted the Immigration and Naturalization Service (“INS”). INS agents detained Garcia and Solis, along with the occupants of the van, all of whom were determined to be illegal aliens. On November 14, 1996, defendants were indicted on one count of conspiracy to transport illegal aliens within the United States in violation of 18 U.S.C. § 371, and one count of transporting illegal aliens within the United States in violation of 8 U.S.C. § 1324(a)(l)(A)(ii) and 18 U.S.C. § 2.

Defendants originally testified that they were indigent, and counsel were appointed by the court to represent each defendant. Richard J. Coughlin, Esq., the Federal Public Defender for the District of New Jersey was appointed to represent Solis, and Michael A. Robbins, Esq., was appointed to represent Garcia. Initially, Garcia expressed his willingness to enter a plea of guilty pursuant to a plea bargain negotiated by his counsel with the United States Attorney. Some days before Garcia was to enter his plea, however, he indicated that he wished to be represented by other counsel and would stand trial.

Attorneys, H. Wayne Bettis, Esq., and Brent Liedtke, Esq., both members of the Bar of the Supreme Court of Texas, have applied for permission to represent José Luis Solis and Juan Garcia Martel in this matter. On February 21, 1997, the court conducted a hearing with all counsel and both defendants present, and inquired of each defendant, whom he desired to have represent him in this matter. Solis chose to be represented by Mr. Bettis, and Garcia chose to be represented by Mr. Liedtke. The court then ordered Mr. Bettis and Mr. Liedtke to brief the issue of whether this representation would be “joint representation” within the meaning of Fed.R.Crim.P. 44(c), and, if so, whether a conflict of interest would arise from the joint representation.

In view of the fact that Mr. Liedtke, who is a sole practitioner, and Mr. Bettis, who is associated with the law firm of B.J. Hooks, represented that they had worked together on several prior cases, the court directed Mr. Bettis and Mr. Liedtke to address the factors set forth in United States v. Stalks, 1994 WL 606060 (D.N.J. Nov.l, 1994), which analyzes the question whether attorneys who are not formally affiliated in a single firm, may nonetheless be considered to be jointly representing two or more clients.

In response, attorneys Bettis and Liedtke, filed essentially identical affidavits, in which they listed a number of cases in the state courts of Texas in which they are currently involved as co-counsel. In their affidavits, Mr. Bettis and Mr. Liedtke unequivocally expressed their intention to represent Garcia and Solis jointly. The affidavits further set forth their belief that no conflict of interest would arise in the joint representation because “[bjoth defendants have consistent defenses.” Affidavit of J. Brent Liedtke at 3.

In response to the court’s Order of February 21, 1997, the Government filed a Motion For an Inquiry Into Potential Conflict of Interest pursuant to Fed.R.Crim.P. 44(c), and a brief, outlining what the Government viewed as the potential areas of conflict arising from the proposed joint representation of Garcia and Solis by Messrs. Bettis and [214]*214Liedtke. On March 21, 1997, the court held a hearing to address the potential conflicts of interest raised by the Government’s motion and to determine: (1) whether, if any potential conflicts existed, Garcia and Solis were willing to waive any conflicts of interest in order to be jointly represented by Mr. Bettis and Mr. Liedtke; and (2) whether a waiver of any such conflict could be accepted by the court consistent with Fed.R.Crim.P. 44(c) and the eases construing it.

At the March 21, 1997, hearing, the court initially observed that it was no longer necessary to decide the question whether Mr. Bettis and Mr. Liedtke were actually associated in the practice of law in view of their affidavit testimony that their representation of Garcia and Solis should be considered “joint representation.” Transcript of Mar. 21, 1997 (hereinafter “Tr.”) at 5. Accordingly, the court need not address the issues raised in Stalks, and will proceed directly to an analysis of the factors governing joint representation of criminal defendants under Rule 44(c).

II. Standards Governing Joint Representation

■Rule 44(c) of the Federal Rules of Criminal Procedure provides, in pertinent part:

Whenever two or more defendants ... are represented by the same retained or assigned counsel or by retained or assigned counsel who are associated in the practice of law, the court shall promptly inquire with respect to such joint representation and shall personally advise each defendant of the right to the effective assistance of counsel, including separate representation. Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect each defendant’s right to counsel.

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Bluebook (online)
958 F. Supp. 211, 1997 U.S. Dist. LEXIS 3760, 1997 WL 145017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-martel-njd-1997.