United States v. Green

1

UNITED STATES OF AMERICA, v. LESLEY CHAPPELL GREEN, Defendant.

No. 3:22-cr-14 (MTT)

United States District Court, M.D. Georgia, Athens Division

June 6, 2023

ORDER

MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

Defendant Lesley Green moves to suppress custodial statements (Docs 170; 173), evidence obtained through a wiretap (Doc. 171) and evidence obtained during the execution of a search warrant on his home (Doc. 172). For the following reasons Green's motion to suppress certain custodial statements (Docs. 170; 173) is GRANTED in part and DENIED in part. His motion to suppress wiretap evidence (Doc 171) and motion to suppress evidence obtained during the execution of the search warrant (Doc. 172) are DENIED.

I. BACKGROUND^[1]

Based on their alleged participation in criminal activities as members of the Gangster Disciples organization, Green and codefendants Philmon Chambers, Andrea Browner, Robert Carlisle, and Shabazz Guidry were indicted on a charge of Racketeer Influenced and Corrupt Organizations Act (“RICO”) Conspiracy in violation of 18 U.S.C. § 1962(d) on June 15, 2022. Docs. 1 at 7-20; 220 at 8-20. Pertinent here, the indictment alleges defendant Chambers was involved in the murder of Rodriguez Rucker and both Green and defendant Chambers were involved in the murders of Derrick Ruff and Joshua Jackson. Doc. 220 at 15-17. The evidence against Green is based, in part, on statements made by him to law enforcement officers, evidence found in his home, and evidence obtained through a wiretap order on cell phones used by defendant Chambers. Docs. 170; 171; 172; 173.

Trial is set for July 31, 2023. Doc. 153. On April 19, 2023, Green filed three motions to suppress. Docs. 170; 171; 172; 173. The Court held an evidentiary hearing on June 13, 2023. Doc. 224.

A. Custodial Statements

i. February 8, 2019 Interview at the Cobb County Jail

On February 8, 2019, Athens-Clarke County Police Department Lieutenant Derek Scott and FBI Task Force Officer (“TFO”) Dana Frost interviewed Green at the Cobb County Jail after they discovered evidence indicating that Green was in communication with Ruff, who, at the time, was missing and was later found dead. Doc. 184 at 5. Green was being held on an Emerson Police Department arrest warrant unrelated to this case. Docs. 170 at 2; 170-1 at 2. The officers believed Green had information about Ruff's, as well as Jackson's, disappearances, and they considered Green a person of interest in the investigation. Doc. 224.

For the interview, Green was moved to a holding cell. Id. Lieutenant Scott and TFO Frost were escorted by a Cobb County deputy into the holding cell and that deputy remained inside the holding cell during the entire interview. Id. It is unknown whether Green was in handcuffs or leg irons during the interview. Id. The holding cell was locked during the entire interview. Id. Green, Lieutenant Scott, and TFO Frost sat on benches during the interview. Id. The Cobb County deputy stood, although it is unknown whether he blocked Green's access to the door. Id. No officer was armed with firearms; however, the Cobb County deputy had some type of weapon, likely a taser. Id.

Neither Lieutenant Scott nor TFO Frost informed Green of his Miranda rights before or during the interview. Docs. 170 at 2; 184 at 4-5. Neither officer informed Green he was free to leave the interview. Doc. 224. The interview lasted between five and ten minutes. Id. Lieutenant Scott and TFO Frost first introduced themselves and then asked questions regarding whether Green knew Ruff, Jackson, or defendant Chambers. Doc. 170-1 at 2-3. Specifically, the officers showed Green separate pictures of all three men and Green denied knowing any of them. Id. at 3. At one point, TFO Frost showed the Cobb County deputy a group picture that both Green and defendant Chambers were in and asked the Deputy whether one of the men in the picture looked like Green. Id.

ii. March 18, 2019 Interview at the Gwinnett County Detention Center

“On March 18, 2019, Gwinnett County Law Enforcement officers arrested [defendant] Green on charges related to this case and immediately transported him to the Gwinnett County Police Department Headquarters.” Doc. 170 at 3. Gwinnett County Police detective Poppe and FBI Special Agent Hipkiss went to the Gwinnett County Police Department headquarters to interview Green that same day. Docs. 170 at 3; 184 at 7. Prior to the start of the interview, it is undisputed that detective Poppe advised Green of his Miranda rights and Green waived those rights. Docs. 173 at 2; 184 at 7; 225, Government Exhibit 3 at 36:29 to 37:08.

The interview lasted about five hours. Doc. 225, Government Exhibit 3 (35:575:39). Approximately 35 minutes into the interview, the following conversation took place:

Agent Hipkiss: You just need to be straight out man. It's the bottom line.

Green: I don't know man. Just got to get me a lawyer man, figure it out. I don't know what's goin' on.

(Pause from 1:10:23 to 1:10:39)

Green: Mmm.

(Pause from 1:10:40 to 1:10:43)

Green: I know my name ain't come up in this.

Detective Poppe: Your name is all over this ...

Id. at 1:10:07 to 1:10:47. Green then continued to participate in the interview without any further reference to a lawyer. Id. at 1:10:48 to 5:39.

B. Wiretap

On February 12, 2019, Judge Lisa Lott of the Superior Court of Athens-Clarke County, Georgia authorized the interception and recording of all types of electronic and oral communications occurring on cell phone number 573-208-6083 (“Target Telephone #5”) and cell phone number 917-859-6468 (“Target Telephone #6”).^[2]Doc. 216 at 3. Both Target Telephone #5 and Target Telephone #6 were used by defendant Chambers. Id. The order authorizing the wiretap provides that the “Target Subjects,” including Green and defendant Chambers, were suspected of committing various criminal offenses: participation in criminal gang activity, conspiracy to commit participation in criminal gang activity, murder, and conspiracy to commit murder (the “Target Offenses”). Id. at 1. Judge Lott found that, based on the supporting affidavit of TFO Frost, there was probable cause to believe that the Target Subjects, including Green, were committing the Target Offenses, the Target Subjects were using the Target Telephones to communicate about the Target Offenses, the interception of these communications would “materially contribute to meeting the investigation goals,” and the location information provided by the target telephones would be “relevant and material” to the investigation. Id. at 6-7.

The interception was authorized based on an application by Western Judicial Circuit District Attorney Kenneth Maudlin, supported by TFO Frost's affidavit. Doc. 216 at 35-104. TFO Frost's 50-page affidavit included, among other things:

• A four-page history of the Gangster Disciples, including information about the organization's alleged connection with violence;

• Evidence tending to establish that Green and defendant Chambers were members of the Gangster Disciples;

• The goals of the investigation, including to establish Green's and defendant Chambers' roles in the then-disappearances of Ruff and Jackson;

• TFO Frost's belief that Ruff's and Jackson's disappearances were due to their Gangster Disciple membership;

• A statement that the investigation suggested Green and defendant Chambers “conspired to kidnap and murder Ruff and/or Jackson”;

• Information connecting Chambers to the murder of Rucker;

• Text messages intercepted over Ruff's cellphone that indicated Ruff was last in communication with Green prior to Ruff's disappearance; and

• Substantial detail establishing that the interception of Target Telephone #5 and Target Telephone #6 would advance the investigation into Ruff and Jackson's disappearances.

Id. at 47-91.

The communications occurring over the Target Telephones were monitored and heard by FBI agents in a wireroom located at the FBI's Athens, Georgia office. Docs. 183 at 4; 188 at 5 n.1. Defendant Chambers was in Texas using Target Telephone #5 and Target Telephone #6 when communications occurring over these cell phones were intercepted pursuant to the wiretap. Docs. 171 at 1-3; 183 at 4-5; see Doc. 216 at 86.

C. Search of Green's Home

On March 18, 2019, Dekalb County, Georgia police officer A.E. Hardaway applied for a warrant to search Green's home. Doc. 172-1. The search warrant application stated there was probable cause to believe that a murder was committed. Id. at 5. The stated purpose of the search was “to find evidence of murder as well as evidence of concealing the death of another.” Id. at 5. This evidence was expected to include, among other things, firearms, gang-related paraphernalia, cell phones, tablets, DNA, and documentation regarding the storage unit where Ruff's and Jackson's bodies were found. Id.

Officer Hardaway provided a three-page affidavit in support of the search warrant application. Id. at 6-8. This affidavit contained detailed information allegedly connecting Green to the murders of Ruff and Jackson. Id. The affidavit referenced communications between Green and others that were obtained through the authorized wiretap. Id. Also, Officer Hardaway stated: “On February 8, 2019, ACCPD interviewed Green while he was in custody in the Cobb County, Georgia jail on an outstanding warrant (unrelated to this investigation). During a post-Miranda interview, Green was shown a picture of Jackson and Ruff and denied knowing them.” Id. at 8.

Based on Officer Hardaway's application, Dekalb County magistrate Judge J.L. Neal authorized the search of Green's home. Doc. 172-1. Law enforcement officers including FBI agents and Dekalb and Gwinnett County officers, executed the search warrant that...