U.S. v. Nguyen

313 F.Supp.2d 579

UNITED STATES, Plaintiff, v. Loc Tien NGUYEN Defendant.

No. CRIM. 03-48-A.

United States District Court, E.D. Virginia, Alexandria Division.

April 8, 2004.

COPYRIGHT MATERIAL OMITTED

James Trump, Assistant United States Attorney, United States Attorney's Office, Alexandria, VA, for Plaintiff.

Marvin Miller, Esquire, Alexandria, VA, for Defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

At issue here in this multi-count RICO¹ prosecution of seven defendants is the claim by one defendant that his statements to law enforcement officers must be suppressed pursuant to (i) Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and its progeny, (ii) the Sixth Amendment, or (iii) Rule 5(a), Fed.R.Crim.P., and the corollary McNabb-Mallory rule.

I.

Defendant Loc Tien Nguyen stands charged in three counts of a twenty-five count RICO Superseding Indictment,² including (i) conspiracy to commit assault with a dangerous weapon in aid of racketeering activity in violation of 18 U.S.C. § 1959(a)(6), (ii) using and carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. §§ 2, 924(c), and (iii) accessory after the fact to murder in violation of 18 U.S.C. § 3. According to the Superseding Indictment, Nguyen was an active member of a criminal enterprise known as the "Oriental Playboys" or "OPB," a Vietnamese youth gang that engaged in various crimes including burglary, robbery, drug distribution, assault, and murder in Virginia, Maryland, and elsewhere. Co-defendant Cuong Gia Le is charged with two counts of murder in aid of racketeering in violation of 18 U.S.C. § 1959(a)(1) and two counts of murder in the course of a firearms offense in violation of 18 U.S.C. § 924(j). These charges grow out of an incident at the Majestic Restaurant in Falls Church, Virginia on May 13, 2001, in which Le allegedly shot and killed two members of a rival criminal organization. Nguyen is charged as an accessory after the fact because he allegedly aided Le's flight from these murders.

Nguyen now seeks to suppress two statements he made to law enforcement officers on the grounds that the statements were obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and its progeny, or, in the alternative, were involuntary. He also seeks to suppress the second statement pursuant to Rule 5(a), Fed.R.Crim.P., and the corollary McNabb-Mallory rule on the ground that the statement was obtained during a period of unnecessary delay between the return of defendant's indictment and his arraignment. An evidentiary hearing on the suppression motion was held during which one witness — Loren Hatcher — testified for the defendant³ and three witnesses — (i) Detective-Sergeant Edgar Lancaster of the Falls Church Police Department, (ii) Detective Irene Boyle of the Fairfax County Police Department,⁴ and (iii) Detective Rob Grims of the Montgomery County, Maryland Police Department — testified for the government. The relevant facts — stated here as required by Rule 12, Fed.R.Crim.P. — are based on the testimonial and documentary evidence presented. See Rule 12, Fed.R.Crim.P. ("When factual issues are involved in deciding a motion, the court must state its essential findings on the record.").

a. May 15, 2001 Interview

On May 14, 2001, two days after the Majestic murders, Detective-Sergeant Edgar Lancaster, a twenty-two year veteran detective of the Falls Church Police Department and a deputized member of the Federal Bureau of Investigation's Asian Organized Crime Task Force, called Nguyen by telephone and left a message requesting an opportunity to speak to him regarding his knowledge of the circumstances surrounding the murders. Later that evening, Nguyen returned Detective Lancaster's call and agreed to meet him at 12:30 p.m. on May 15, 2001 on a street corner in Springfield, Virginia near Nguyen's home. Detective Lancaster met Nguyen the following day on the designated street corner and the two engaged in a brief conversation. Although Detective Lancaster conducted a pat down search of Nguyen prior to the conversation, Detective Lancaster was not in uniform, was not driving a marked police vehicle, and did not handcuff Nguyen, arrest him, or brandish a weapon. During the course of the conversation, Nguyen agreed to accompany Detective Lancaster to the office of the Criminal Investigations Bureau of the Fairfax County Police Department to be interviewed. On the way to the police department, Detective Lancaster and Nguyen did not discuss the Majestic murders.

When Detective Lancaster and Nguyen arrived at the police department, Nguyen agreed to proceed with an interview with Fairfax County Police Detectives Boyle and Chris Flanagan. The interview was subsequently conducted in an interview room on the eighth floor of the police department. Whereas Detective Lancaster was present for all but thirty to forty-five minutes of the three hour interview, Detectives Boyle and Flanagan remained in the interview room for the duration of the interview with the exception of a few short breaks during which Nguyen remained in the room by himself. At Nguyen's request, the interview was not audio-taped. Both Detectives Lancaster and Boyle reported that Nguyen responded to their questions in a manner that clearly reflected that he had no difficulty understanding English.

Nguyen was not placed under arrest by any of the detectives at any time during the course of the interview. Nor did any of the detectives exert force, make threats or promises with regard to future charges, or brandish weapons. Moreover, Nguyen was not denied access to an attorney or freedom to discontinue the interview at any time. In fact, partway through the interview, Nguyen was permitted, upon his request, to use the restroom located in the lobby of the police department unaccompanied by the detectives. Detectives Boyle and Lancaster testified that Nguyen remained calm and cooperative throughout the duration of the interview and agreed to future cooperation. At the conclusion of the interview, Detective Lancaster drove Nguyen home and on the way, the two discussed Nguyen's safety, but not the murders. They also stopped at a McDonald's Restaurant to purchase a soda.

According to Detective Flanagan's report of the interview, set forth in Form 302, Nguyen provided conflicting information regarding the events that occurred on the night of the Majestic murders.⁵ At the beginning of the interview, Nguyen stated that he saw Le in the parking lot of the Majestic Restaurant prior to the shootings, but that Le did not at that time have a gun. Nguyen further stated that while he was in the restaurant parking lot he heard gunshots fired inside the restaurant, after which he left the Majestic in a car with Tung Thanh and went to the Galaxy Club. He said he only became aware of Le's involvement in the shooting after watching the news. Yet, Nguyen's story apparently changed as the interview progressed. Thus, later in the interview, he told the detectives that he met Le in the parking lot of the Majestic Restaurant and, after speaking briefly, the two entered the restaurant together. Shortly thereafter, Nguyen said he heard gunshots fired outside the restaurant and after following a crowd into the parking lot, drove away from the restaurant with Le to the Galaxy Club. Accordingly to Nguyen, Le, who appeared nervous, brought a gun into the car and stowed it under the passenger's seat.

The interview recessed briefly while Nguyen used the restroom. After Nguyen returned from the restroom, he provided additional details regarding the murders. Nguyen stated that he arrived at the Majestic with Le and Phu Ho in a car belonging to Trieu. When Nguyen left the restaurant after hearing gunshots in the parking lot, he claimed he saw Le standing in the middle of a crowd of people brandishing a gun in his right hand. Nguyen next stated that Le then shot Long Bao and Kenny Lu. According to Nguyen, he, Le, and Ho, thereafter, drove to the Galaxy Club. Nguyen also told Detective Flanagan that after dropping Nguyen and Ho off at the Galaxy Club, Le left in the same car. Nguyen added that he had not spoken to Le since that time and did not know about his whereabouts.

b. December 15, 2003 Interview

On December 15, 2003, Nguyen was again interviewed by Detective Lancaster and Detective Rob Grims of the Montgomery County, Maryland Police Department, also a member of the FBI's Asian Organized Crime Task Force, this time at the Arlington County Police Department, Robbery Section Interview room. At the time of the interview, Nguyen was in custody in the Arlington County Detention Center on another charge. After serving Nguyen a soft drink, the detectives told Nguyen that he and several of his friends, including Le, had been indicted on federal charges, specifically RICO charges in relation to the Majestic shootings, and that the detectives were investigating the case. The detectives showed Nguyen a copy of his arrest warrant, but did not show him a copy of the then sealed indictment or provide details regarding the nature of the charges contained in the indictment.

Before asking him any questions, Detective Grims provided Nguyen a written copy of the FBI standard waiver of rights form and read Nguyen his Miranda rights from that form. Nguyen indicated orally that he understood his rights, agreed to proceed with the interview, and did not request an attorney, even though he told Detective Grims that he was already represented by an attorney concerning the Majestic murders.⁶ He nonetheless declined, for unstated reasons, to sign the written waiver form. Moreover, Nguyen stated that (i) he did not want to talk about the Le murder investigation and (ii) did not want the detectives to video or audio-tape the interview. Detectives Lancaster and Grims agreed to Nguyen's requests and memorialized their agreement with regard to the...