United States v. Karun

514 F.Supp.3d 326

UNITED STATES of America

v.Marc J. KARUN

1:19-cr-00204-JAW

United States District Court, D. Maine.

Signed January 21, 2021

Chris Ruge, Office of the U.S. Attorney, Bangor, ME, for United States of America.

ORDER ON MOTION TO SUPPRESS

JOHN A. WOODCOCK, JR., UNITED STATES DISTRICT JUDGE

Maine State Police obtained a warrant to search the Maine home of a suspect in an unsolved 1986 rape and murder of an eleven-year-old girl in Connecticut for evidence related to the 1986 crime. During the search of the individual's home, police found numerous firearms and then, because the individual was a convicted felon, obtained a separate warrant to search his home for firearms, magazines, ammunition, and evidence of ownership. Now, the individual seeks to suppress the results of that firearms search, arguing that the evidence obtained was the result of a warrant unsupported by probable cause in violation of his Fourth Amendment rights under the United States Constitution. The Court concludes that the warrant was unsupported by probable cause, but because the Court finds the good faith exception applies, the Court denies the motion to suppress.

I. BACKGROUND

A. Procedural Background

On November 6, 2019, a grand jury returned a one-count indictment against Marc Karun, charging him with possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) and § 924(a)(2). Indictment (ECF No. 1). On December 11, 2019, a grand jury returned a two-count superseding indictment, charging Mr. Karun with 1) possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) and § 924(a)(2), and 2) possession of a firearm with an obliterated serial number in violation of 18 U.S.C. § 922(k) and § 924(a)(1)(B). Superseding Indictment (ECF No. 21). On August 24, 2020, Mr. Karun filed a motion to suppress firearms and ammunition seized by police during a search of his home. Def.’s Mot. to Suppress Evid. Obtained in Violation of the Fourth Amendment (ECF No. 41) (Def.’s Mot. ). On September 14, 2020, the Government responded in opposition. Gov't’s Opp'n to Def.’s Mot. to Suppress (ECF No. 45) (Gov't’s Opp'n ). The next day, the Government filed additional documents, including the first Maine search warrant and accompanying affidavit and the second Maine search warrant. Gov't’s Additional Attachs. (ECF No. 46).¹ Mr. Karun replied to the Government on October 12, 2020. Def.’s Reply to Gov't’s Opp'n to Def.’s Mot. to Suppress (ECF No. 50) (Def.’s Reply ).

B. Factual Background

1. The Connecticut Search Warrant & the Weisgerber Affidavit

On June 11, 2019 at 9:00 a.m., Lieutenant Arthur Weisgerber of the Norwalk, Connecticut Police Department obtained a warrant from Connecticut State Superior Court Judge White of Stamford, Connecticut for the search of Marc Karun and his home at 76 Coboro Road in Stetson, Maine and the seizure of certain property relating to the 1986 rape and murder of Kathleen Flynn in Connecticut. Conn. Warrant. The warrant specifically described the following property:

Ligatures capable of being used to bind and strangle Kathleen Flynn; the gold heart shaped earring of Flynn; the underwear of Flynn; the bra of Flynn; images of the earring, underwear or bra of Kathleen Flynn to include film and digital; newspaper articles/clippings relating to the homicide of Kathleen Flynn or any of the other sexual assaults committed by Marc Karun; electronic devices capable of connecting to the Internet to conduct searches relating to the Kathleen Flynn homicide or any of the other sexual assaults committed by Karun to include Smartphones, Tablets, Laptop computers and Desktop computers; any logs, journals or diaries relating to the sexual assault and homicide of Kathleen Flynn or any of Marc Karun's other sexual assault victims.

Id. In support of the warrant, Lieutenant Weisgerber attached his thirty-two page affidavit detailing the investigation of the Flynn murder and recounting Mr. Karun's prior sexual assaults. Weisgerber Aff. He also attached a five-page consultation report from the Behavioral Analysis Unit of the United States Marshals Service regarding the taking and saving of "trophies" or memorabilia by serial rapists and serial murderers. Bourke Report. Together, these documents provided the basis for the Connecticut State Superior Court judge to find probable cause, which in turn provided the basis for the Maine State District judge to issue the first Maine search warrant, which led to the second Maine search warrant.

a. The Flynn Murder

On Tuesday, September 23, 1986, at 5:12 p.m., the Norwalk Police Department received a missing person complaint from a woman reporting that her eleven-year-old daughter, Kathleen Flynn, had not returned home from Ponus Ridge Middle School in Norwalk, Connecticut. Weisgerber Aff. ¶ 3. Her daughter normally arrived home at 3:30 p.m. Id. Although the affidavit does not reveal when law enforcement began looking for Ms. Flynn, it states that the Norwalk Police initiated an intensive search in the area of the Ponus Ridge Middle School and concentrated their search between the entrance driveway to the school and the footpath adjacent to the driveway Ms. Flynn regularly used to walk home. Id. ¶ 4.

At 2:00 a.m. on Wednesday, September 24, 1986, officers located several articles of clothing and the school bags of Ms. Flynn in the woods. Id. The search continued and at approximately 3:35 a.m., officers found Ms. Flynn's half-nude body under a pile of brush and tree limbs. Id. Upon removing the sticks and branches, a ligature strangulation mark was easily visible on her neck along with three to four rows of ligature bindings on both wrists. Id. ¶ 5. The ligatures used by the perpetrator to strangle Ms. Flynn and bind her wrists had been removed by the perpetrator before he concealed her body. Id. Further visual examination of Ms. Flynn's body showed signs of sexual assault based on extensive vaginal bleeding in the front and on her buttocks. Id.

A September 24, 1986 autopsy confirmed ligature furrows on Ms. Flynn's neck and her wrists, as well as multiple vaginal lacerations. Id. ¶ 6. Physical evidence collected at the autopsy consisted of pulled head hair and pubic hair from Ms. Flynn, hair from the area of Ms. Flynn's genitalia, fingernail scrapings, blood for typing, one earring, a chain and a t-shirt. Id. The autopsy report stated that microscopic examination revealed no presence of spermatozoa. Id. The cause of death was listed as asphyxia due to ligature strangulation and the manner of death was ruled a homicide. Id.

During the crime scene search between Wednesday, September 24, 1986 through 12:00 p.m. on Friday, September 26, 1986, officers recovered the remainder of Ms. Flynn's clothing except for her underpants, her jeans, a gold heart earring and any of the ligatures used by the perpetrator. Id. ¶ 8. Officers conducted a secondary search of the general area using rakes. Id. ¶ 9. On October 8, 1986 at approximately 12:50 p.m., one of the officers located a pair of jeans about ninety-three feet from where Ms. Flynn's body was discovered. Id. Ms. Flynn's mother positively identified the jeans as Ms. Flynn's and her mother also turned over a J.C. Penny Junior Hi-Beginner size 30 bra box as the type of bra that Ms. Flynn would have been wearing. Id. The secondary search was completed on October 24, 1986. Id. To date, the ligatures, underpants, bra, and gold heart-shaped earring have not been located. Id.

b. The Investigation of Marc Karun

During the initial investigation, law enforcement developed Marc Karun as a suspect due to a suspicious vehicle description and his January 27, 1986 arrest for sexual assault in a field near Norwalk Community College. Id. ¶ 10. In that case, Mr. Karun used ligatures to bind the victim's hands behind her back and he cut the electrical wire off the victim after the assault. Id. After cutting off the wire, Mr. Karun told the victim in that case that he was going to "hang it up." Id. The police noted that Mr. Karun did not hang the wire up in the car so the police thought that he "may have been referring to another location as a piece of memorabilia." Id.

On October 9, 1986, a detective went to Mr. Karun's house in Norwalk, Connecticut two miles from the homicide scene to speak with him because of the similar use of ligatures in Mr. Karun's previous arrest, the use of ligatures in Ms. Flynn's homicide, and his proximity to the crime scene. Id. ¶ 11. Mr. Karun came out of his home to speak with the detective. Id. Mr. Karun stated he was at Ponus Ridge Middle School on Friday, September 19, 1986 around 3:00 p.m. to see some teachers and that he went to the library and spoke with the school librarian. Id. He also stated he walked on the wooded footpath—the same footpath where Ms. Flynn's body was found. Id. He believed that on September 23, 1986, the day of the murder, he was in town half-heartedly looking for a job because his parents were pressuring him to look for a job. Id.

Mr. Karun told the detective that his attorney had telephoned his home a few days after the homicide of Ms. Flynn and told him that police might come to his house to question him about the homicide. Id. ¶ 12. He stated he did not know Ms. Flynn and he did not commit the crime. Id. The detective described his demeanor as cooperative but very nervous and apprehensive. Id.

On October 10, 1986, two detectives went to Ponus Ridge Middle School and contacted two librarians. Id. ¶ 13. The librarians stated that they did not know Mr. Karun and on September 19, 1986, they worked in the library until 3:00 p.m. and 4:00 p.m. respectively but did not recall seeing any man fitting Mr. Karun's description enter the library. Id. Detectives also contacted the hallway monitor on patrol on September 19, 1986 who stated that she did not see any person fitting Mr. Karun's description in the library or the school. Id. The detectives also gathered all the teachers in the library to identify the teacher who spoke...