United States v. Roman

311 F. Supp. 3d 427
CourtDistrict Court, District of Columbia
DecidedApril 18, 2018
DocketCriminal Action No. 16–30020–MGM–2
StatusPublished
Cited by2 cases

This text of 311 F. Supp. 3d 427 (United States v. Roman) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Roman, 311 F. Supp. 3d 427 (D.D.C. 2018).

Opinion

MARK G. MASTROIANNI, United States District Judge

I. INTRODUCTION

In applying for a warrant to search the business and residence of Jamil Roman ("Defendant"), the Government alleged in an affidavit that a confidential informant ("CS") obtained four kilograms of cocaine at Defendant's business, TWC Auto Body, located at 56 Jackson Street, Holyoke, Massachusetts. However, CS-upon agreeing to cooperate with federal law enforcement-affirmed in a written statement that the cocaine was actually delivered to CS's business, located at 712 Boston Road, Springfield, Massachusetts. In light of this discrepancy, concerning the only allegation in the search warrant affidavit providing a sufficient nexus between the alleged criminal activity and Defendant's business address, this court previously held that Defendant satisfied his burden, under Franks v. Delaware , 438 U.S. 154, 155-56, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), to obtain an evidentiary hearing. See United States v. Roman , 2017 WL 4517963 (D. Mass. Oct. 10, 2017).

Following the Franks hearing-which occurred on multiple days spread out between November of 2017 and January of 2018-the court will grant Defendant's motion to suppress as to the search of his business. The court finds the Government1 committed a series of easily avoidable errors which, combined with the admittedly high risk of the harm that occurred here, amounted to reckless disregard for the truth. In addition, the court finds that the "reformed" affidavit fails to establish probable cause to search Defendant's business. As a result, the warrant to search Defendant's business "must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit." Franks , 438 U.S. at 156, 98 S.Ct. 2674.2

II. FINDINGS OF FACT

In 2013 and early 2014, DEA Special Agent John McGrath and Robert Alberti (then an Easthampton police officer temporarily assigned to the DEA Task Force) assisted the FBI Gang Task Force in an investigation targeting CS. The DEA Task Force's focus was on identifying the supply *430sources of narcotics coming into western Massachusetts from outside the region. In contrast, the FBI Gang Task Force focused on street level gang activity (albeit often related to narcotics).

On January 14, 2014, the FBI Gang Task Force prepared to execute search warrants for CS's residence and business. At around the same time, McGrath and Alberti conducted surveillance on CS near Western New England University, where CS was pulled over by Springfield police officers at the behest of the FBI Gang Task Force. CS agreed to cooperate with law enforcement and informed agents that he had three kilograms of cocaine at his business on 712 Boston Road, Springfield, Massachusetts. CS also stated that the cocaine ultimately came from Javier Gonzalez but that CS actually obtained the narcotics from Defendant.

After FBI agents secured the cocaine from CS's business, CS provided a detailed statement at the FBI office. McGrath and Alberti as well as agents from the FBI Gang Task Force were present during CS's statement. Alberti used an FBI laptop computer to transcribe CS's statement into a typed document. CS explained early in the interview that he "got these 4 kilos a few days ago from Javier Gonzalez. Javier had [Defendant] drop the kilos off to me around 712 Boston Road." (Ex. 2 ¶ 5.)3 Although Alberti testified he could not recall CS making this statement and expressed doubts as to its accuracy, both Alberti and McGrath witnessed CS read and initial each paragraph as well as certify under penalty of perjury that CS had an opportunity to make corrections and that the statement was accurate. Moreover, although CS appeared nervous during the course of his interview, he acted calm and lucid while reading and initialing the written statement.4

During his typing of the statement, Alberti struggled at times keeping up with CS's responses because of significant disorganization in the multi-agent questioning process. Agents asked questions rapidly and seemingly in random fashion, with the FBI agents focused on gang-related information and the DEA agents focused more on the source of the cocaine. In response, CS provided a broad range of information dating back to 2000 and involving numerous individuals and organizations. Alberti attempted to draft the statement in chronological order and so had "to go back and forth in the statement" when typing to keep it organized. (Dkt. No. 153, Tr. of Ev. Hr'g Dec. 15, 2017, at 23.) Moreover, at least one agent repeatedly entered and exited the room during the interview, further contributing to the chaotic atmosphere. After the interview, the FBI maintained CS's written statement, despite "handing off" CS to the DEA Task Force as a cooperating informant. Neither Alberti nor McGrath obtained or requested a copy of the statement, and it was not entered into the DEA electronic filing system.

Following CS's decision to cooperate, the joint investigation of the FBI and DEA continued to diverge. The DEA Task Force, which previously operated in a supporting role in the investigation of CS, began investigating international drug trafficking by Gonzalez.5 Approximately *431one week after CS gave his written statement, DEA Special Agent Scott Smith joined Alberti and McGrath in the Gonzalez investigation. Smith would eventually draft the affidavit in support of the warrant to search Defendant's Holyoke business (among other locations). Crucially, however, Alberti and McGrath did not inform Smith about the existence of CS's written statement or its content (specifically, that CS received the kilograms of cocaine at 712 Boston Road in Springfield). In addition, no DEA reports reference CS's written statement.6 For example, McGrath wrote three DEA Form-6 Reports ("DEA-6s") between January 21, 2014 and January 28, 2014 (an Initial Debriefing Report, a Case Initiation Report, and another Debriefing Report), and none mention CS's January 14th written statement. (Exs. 6-8.) Moreover, none of the DEA reports state that CS received the kilograms of cocaine at CS's business in Springfield.7

The failure to apprise Smith of the existence of CS's written statement or the fact that CS reported having received the kilograms in Springfield, either orally or through a DEA report (or via the written statement itself), was a serious error, as McGrath, Alberti, and Smith each acknowledged in their testimony.

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Related

United States v. Roman
942 F.3d 43 (First Circuit, 2019)
United States v. Roman
327 F. Supp. 3d 312 (District of Columbia, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
311 F. Supp. 3d 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-roman-dcd-2018.