United States v. Richard Anderson, United States of America v. Kenneth v. Greenwood

881 F.2d 1128, 279 U.S. App. D.C. 413, 28 Fed. R. Serv. 942, 1989 U.S. App. LEXIS 12010, 1989 WL 89215
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 11, 1989
Docket88-3096, 88-3134
StatusPublished
Cited by84 cases

This text of 881 F.2d 1128 (United States v. Richard Anderson, United States of America v. Kenneth v. Greenwood) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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. Richard Anderson, United States of America v. Kenneth v. Greenwood, 881 F.2d 1128, 279 U.S. App. D.C. 413, 28 Fed. R. Serv. 942, 1989 U.S. App. LEXIS 12010, 1989 WL 89215 (D.C. Cir. 1989).

Opinions

Opinion for the Court filed by Circuit Judge MIKVA.

Concurring opinion filed by Senior District Judge WILL.

MIKVA, Circuit Judge:

These cases require us to decide whether the district court’s denial of cross-examination of a prosecution witness regarding an unrelated murder indictment against her, dismissed without prejudice eleven months before trial, violated appellants’ confrontation rights under the Sixth Amendment. We hold that the district court’s ruling in this case was constitutional error, for the jury might reasonably have found that the government’s ability to reinstate the mur[1131]*1131der charge furnished the witness with a motive for favoring the prosecution in her testimony. See Delaware v. Van Arsdall, 475 U.S. 673, 678-80, 106 S.Ct. 1431, 1434-36, 89 L.Ed.2d 674 (1986).

Because the witness in this case was a key witness against appellant Anderson and because the prosecution’s case against Anderson was otherwise weak, we cannot conclude that the district court’s denial of cross-examination was, on the record as a whole, harmless beyond a reasonable doubt as to Anderson. Accordingly, we must reverse Anderson’s conviction and remand for a new trial. With respect to appellant Greenwood, however, the weight of the other evidence against him convinces us, beyond a reasonable doubt, that the denial of cross-examination was harmless as to him. Because we also reject Greenwood’s other arguments on appeal, his convictions are affirmed.

I.

Richard Anderson and Kenneth V. Greenwood were convicted on May 16, 1988, after an eight-day jury trial, of various narcotics and firearms charges. Greenwood was found guilty of unlawful use of a firearm in aid of drug trafficking, in violation of 18 U.S.C. § 924(c)(1); unlawful possession with intent to distribute five grams or more of a mixture containing cocaine base, in violation of 21 U.S.C. § 841(a); and possession of an unregistered firearm, in violation of 26 U.S.C. § 5861(d). Anderson was convicted of unlawful possession with intent to distribute five grams or more of a mixture containing cocaine base, in violation of 21 U.S.C. § 841(a). Both appeal.

A. Facts

On the evening of November 19, 1987, D.C. Metropolitan Police officers, pursuant to a search warrant, forcibly entered Apartment 201 at 3507 Jay Street, N.E., Washington, D.C. The police found several people inside the two-story apartment. On the second floor, a woman, Kim J. Yanfield, was stopped as she was entering the bathroom and trying to close the door behind her. In an adjacent bedroom, a woman in a nightgown, later identified as Pearl L. Patterson, was lying on a bed, a man was standing in the room, and another man, appellant Greenwood, was hiding in the closet. Police found a loaded .32 caliber revolver under the mattress of the bed on which Patterson was lying. Police searched Greenwood and found two small packets of marijuana and $75 in cash. Police also seized a plastic bag containing “crack” cocaine from Patterson’s purse and a plastic container of a rock-like substance from Yanfield’s person.

Police found appellant Anderson standing in the doorway of the other bedroom. According to the arresting officer, Investigator DePasse, Anderson threw approximately $500 in cash behind the partially-opened bedroom door when the police approached. Other police officers, however, did not see Anderson throw down any money, or at least could not recall. DePasse testified that Officer Howard, the main “seizing officer,” must have initially picked up the money, but Howard testified that he neither saw nor seized any money from the bedroom floor. Officer Proulx, the crime scene search officer, stated that he neither saw nor photographed money on the bedroom floor. No drugs, money, or firearms were recovered from Anderson, who did not attempt to resist arrest or flee.

Police recovered from the bedroom behind Anderson 20 grams of “crack” cocaine, about four ounces of cocaine powder, a triple-beam scale, a glass plate with traces of white powder, and a torch head for use with a butane canister. The bedroom also contained a loaded .32 caliber revolver in a holster attached by a clip to the bedframe; an unregistered sawed-off shotgun, broken down into its parts, with ammunition, inside a brown bag on the floor; and another bag on the floor containing ammunition for both guns, almost $200 cash, and a small amount of marijuana. Police also seized, from the lock on the inside of the bedroom door, a set of keys in a black key case and, from the bedroom itself, a photograph of appellant Greenwood, a calculator, a small green notebook,. [1132]*1132a wallet containing appellant Greenwood’s driver’s license and some photos, and a tax return and other documents bearing Van-field’s name.

Police arrested Anderson, Greenwood, Vanfield, and Patterson; four persons downstairs were searched, interviewed, and released. No narcotics were found or seized from the kitchen, kitchen table, dining room, or dining room table. Vanfield and Patterson later pled guilty to simple possession of a controlled substance, in violation of 18 U.S.C. § 844.

B. Prosecution Testimony

Detective Lorren Leadmon, one of the officers who participated in the execution of the search warrant, testified that he had seen Greenwood and Vanfield in the Jay Street apartment two days earlier and that Greenwood gave him a tour of the apartment. Leadmon stated that Greenwood used a set of keys in a black key case to unlock the door of the bedroom in which the drugs, guns, and drug paraphernalia were later found. Leadmon identified the keys and key case seized from the bedroom during the November 19 search as those that he saw Greenwood use on November 17. Leadmon also asserted that on two subsequent occasions, in December 1987 and January 1988, he returned to the same apartment and Greenwood answered the door both times. Leadmon testified that Greenwood stated that he and Vanfield, his girlfriend, were living in the apartment.

John Kraemer, a documents examiner with the Metropolitan Police Department and a qualified handwriting expert, testified for the prosecution that, in his opinion, Vanfield was the writer of several of the entries in the notebook that had been seized from the bedroom and that Greenwood was probably the writer of several of the other entries, but that he could not associate Anderson with any of the writings in the notebook.

Detective Charles DiDomenico testified as an expert in the sale and distribution of illegal drugs in Washington, D.C. He explained the difference between cocaine in powder form and cocaine base, or “crack,” and how the powder is used to produce crack cocaine.

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Bluebook (online)
881 F.2d 1128, 279 U.S. App. D.C. 413, 28 Fed. R. Serv. 942, 1989 U.S. App. LEXIS 12010, 1989 WL 89215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-richard-anderson-united-states-of-america-v-kenneth-v-cadc-1989.