U.S. v. Taylor

604 F.Supp.2d 1210

UNITED STATES of America v. Styles TAYLOR and Keon Thomas, Defendants.

No. 01 CR 73.

United States District Court, N.D. Indiana, Hammond Division.

January 22, 2009.

David J. Nozick, Philip Craig Benson, U.S. Attorney's Office, Hammond, IN, for United States of America.

Keith A. Spielfogel, Scott J. Frankel, Frankel & Cohen, Chicago, IL, for Keon Thomas.

MEMORANDUM OPINION ON REMAND

CHARLES R. NORGLE, District Judge.

This case is before the District Court on remand from the Seventh Circuit Court of Appeals. On May 13, 2008, the Seventh Circuit instructed this Court to conduct an evidentiary hearing and to determine de novo whether Defendants' Batson challenge is meritorious. The Court conducted an evidentiary hearing on November 3, 2008, and, for the following reasons, determines that Defendants' Batson challenge fails.

I. BACKGROUND

A. INDICTMENT AND TRIAL

On April 12, 2000, Hammond, Indiana police officers arrested Styles Taylor ("Taylor") based on information obtained from two confidential sources regarding the murder of Hammond businessman Frank Freund ("Freund"). United States v. Taylor, 302 F.Supp.2d 909, 911 (N.D.Ind.2004). Freund had owned and operated the Firearms Unlimited Gun Shop in Hammond for several years. United States v. Taylor, 293 F.Supp.2d 884, 889 (N.D.Ind.2003). One of the confidential informants indicated that Taylor shot and killed Freund, who was working behind the counter at the Gun Shop, while other individuals robbed the Shop. Taylor, 302 F.Supp.2d at 914. Freund, an elderly Caucasian individual, was shot twice at close range with a pistol while alone in his Shop. One of the gunshots struck Freund in the face. Certain family members arrived at the scene when later informed of the tragic events by the police and fire departments.

A grand jury returned a seven count indictment against Taylor, Keon Thomas ("Keon"), Damione Thomas ("Damione") and Adam Williams, Jr. ("Williams") in April 2001. United States v. Taylor, 509 F.3d 839, 842 (7th Cir.2007). The indictment charged Taylor and Keon with conspiracy to commit robbery and murder, 18 U.S.C. § 1951, robbery in violation of the Hobbes Act, id., and committing murder during the robbery, 18 U.S.C. § 924(c) and (j). Id. Damione was charged with conspiracy, robbery and murder, while Williams was charged with being an accessory after the fact and perjury before the Grand Jury. Taylor, 293 F.Supp.2d at 889. Damione and Williams pled guilty to certain charges and agreed to cooperate with the government. Id. Taylor and Keon ("Defendants"), both African-American, elected to plead not guilty and to exercise their right to trial by jury. Taylor, 509 F.3d at 842.

Jury selection began on July 6, 2004, in the Northern District of Indiana's Hammond Division, before Judge Sharp. Id. Prior to that date, the jury pool had filled out questionnaires that included questions inquiring into the potential jurors' stance on the death penalty. Id. These questions asked the potential jurors to, inter alia, circle letters corresponding to statements articulating various viewpoints regarding the death penalty. For example, the letter "a" corresponded to the statement "I am personally, morally, or religiously opposed to the death penalty, and will never vote to impose it under any circumstances." Juror Questionnaire at 23. The letter "e" corresponded to the statement "[i]n a case in which the defendant is convicted and in which the death penalty is requested, I can vote to impose the death penalty or a sentence other than death, whichever is appropriate based on the facts and the law in the case." Id. The letter "I" corresponded to the statement "[i]n a case in which the defendant is convicted and in which the death penalty is requested, I will always vote to impose the death penalty." Id. Circling any of the letters "a" through "d" indicted a general opposition to the death penalty, while circling any of the letters "f" through "I" indicated a general approval of the death penalty.

The government sought to impose the death penalty on both Defendants, despite the fact that forensic evidence showed that only one Defendant had fired the shots that killed Freund. Id. The government therefore asked Judge Sharp to inquire of potential jurors whether they could impose the death penalty on a non-shooter. Id. Judge Sharp declined the government's invitation to make this inquiry, reasoning that it would not be appropriate at that time to "wade into who is the triggerman and who is not a triggerman." Id. During the first day of jury selection, three jurors were seated, but on the following day, Judge Sharp recused himself because of illness. Id. Judge Norgle was then assigned to the case.

On July 29, 2004, jury selection resumed before Judge Norgle. Id. The government again sought to question potential jurors regarding whether they could impose the death penalty on a non-shooter and Judge Norgle allowed the government to proceed. Id. The government asked this question of most potential jurors. Id.

During the jury selection process the Court interviewed 94 potential jurors. Id. at 843. Of these 94 potential jurors, 16 were African-American. Id. Three of these potential African-American jurors were dismissed because of family or health concerns, seven were dismissed for cause and five were dismissed pursuant to the government's peremptory challenges. Id. One African-American remained on the jury and three were selected as alternate jurors. Id.

During the voir dire, the government exercised a peremptory challenge against an African-American juror, Heshla Watson ("Watson"), after she indicated that she could not impose the death penalty on a non-shooter. Id. The defense did not immediately raise a Batson challenge, but did after a third African-American juror was dismissed on the government's peremptory challenge. Id. The defense then raised a Batson challenge every time the government exercised peremptory challenges against other African-American potential jurors. Id. The Court, each time the defense raised a Batson issue, found that a prima facie case of discrimination had been established and asked the government to supply a race-neutral reason for the challenge. Id. In each instance, after the government supplied its race-neutral reasons, the Court concluded that these reasons were not pretext for racially motivated challenges. Id. However, the Court inadvertently neglected to offer an explanation for upholding the government's strike of potential juror Watson. Id. at 845.

Following a five-week trial, the jury found Defendants guilty on all counts. Id. at 843. The sentencing phase of the trial then proceeded as to Taylor and the jury recommended a sentence of life imprisonment. Id. The government then withdrew its notice of intent to seek the death penalty for Keon. Id. The Court sentenced the Defendants to life imprisonment. Id.

B. THE SEVENTH CIRCUIT'S FIRST OPINION AND LIMITED REMAND

On appeal, the Defendants asserted that the government used peremptory challenges to strike African-Americans from the jury pool in violation of the Supreme Court's ruling in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).¹ The Seventh Circuit determined that a genuine Batson issue existed regarding the government's strike of African-American potential juror Watson and the government's lack of objection to Caucasian jurors Lillian Nowak ("Nowak"), Kimberly Wills ("Wills"), and Robert Evans ("Evans").

When called upon to provide a race-neutral explanation for excluding Watson (whom the government had unsuccessfully challenged for cause), the government cited her statement that she would not consider imposing the death penalty on a non-shooter .... The defendants point to three Caucasian jurors who expressed similar reservations about executing a non-shooter but were not challenged by the government. We find their argument persuasive, particularly the comparison between Watson and Nowak. Both unequivocally answered "no" when first asked if they could impose the death penalty on a non-shooter. The government, in contrast to its practice with most other potential jurors, did not follow up with either of these potential jurors for a more detailed explanation of the "no" answer. The defense, however, elicited responses from both Watson and Nowak revealing a willingness to consider the non-shooter's level of participation and follow the law. We can discern no material difference between Watson and Nowak with respect to their views on the non-shooter issue—the sole reason the government supplied for its use of a peremptory strike against Watson .... Because the answer that was disqualifying for Watson was not also disqualifying for Nowak, we are inclined to view with skepticism the government's rationale for exercising a peremptory challenge against Watson. Comparing Watson to Wills and Evans compounds that skepticism. Wills in particular expressed views akin to Watson's: general but not forceful opposition to the death penalty (expressed on the questionnaire and during voir dire) and initial resistance to the idea of executing a non-shooter later tempered in response to follow-up questions. Yet the government challenged only Watson.

Taylor, 509 F.3d at 844-45.

The Court of Appeals rejected Defendants' Batson challenges regarding other African-American potential jurors, but as to Watson, found it significant that the "district court did not make a record of its credibility determination at the third stage of the Batson inquiry." Id. at 850-51. The Seventh Circuit therefore ordered "a LIMITED REMAND so that the district court has the opportunity to supplement the record with its reasons for denying the Batson challenge with respect to Heshla Watson." Id. The judgment of the District Court was affirmed in all other respects. Id.

C. THE DISTRICT COURT'S ORDER ON LIMITED REMAND

On January 17, 2008, the Court issued an Order finding that...