Dudus strikes out - US judge axes Coke's motion to suppress wiretap information
Published:Thursday | August 25, 2011 | 12:00 AM
Arthur Hall, Senior Staff Reporter
Alleged drug kingpin Christopher 'Dudus' Coke's attempt to avoid a lengthy prison sentence has received a possibly fatal blow with a United States district judge rejecting his motion to suppress wiretap information.
"This decision means that Coke's chances of being freed in connection with this indictment are now statistically very low," US-based Jamaican law Professor David Rowe told The Gleaner.
"He will have to be acquitted at trial. In the face of overwhelming scientific and testimonial evidence that is very unlikely," added Rowe.
Another US-based Jamaican attorney, Kirk Barrow, agreed that the ruling would make it more difficult for Coke to beat the rap.
However, Barrow is not convinced that it is impossible for the former west Kingston strongman to be found not guilty.
"There is no reason that the motion cannot be reintroduced at trial and the jury will have to decide what weight it gives to the wiretap evidence because the jury can decide to ignore it," Barrow said.
US prosecutors are relying heavily on the information captured by tapping Coke's phones to convict him on charges of conspiracy to distribute marijuana and cocaine and conspiracy to traffic in firearms.
According to prosecutors, in one telephone conversation on or about April 3, 2007, Coke spoke with three co-conspirators concerning firearms that were to be shipped from the US to Jamaica.
The prosecutors also claim that about April 11, 2007, Coke had a telephone conversation with another co-conspirator surrounding the sale of marijuana in New York, while a May 8, 2007 recording had Coke discussing the distribution of firearms that had arrived in Jamaica.
In the wake of these and other damaging conversations, lawyers representing Coke had asked US District judge Robert P. Patterson to suppress the wiretap information.
They argued that the wiretaps were shared with the US law-enforcement agencies illegally and that their use would be in breach of Coke's rights under the Fifth Amendment of the US constitution.
Coke's lawyers also argued that the wiretap information was shared with the US Drug Enforcement Administration (DEA) based on two memoranda of understanding that were illegal.
After listening to arguments on July 12, Patterson handed down his ruling on Monday, denying Coke's motion.
"Coke falls far short of establishing that the conduct of US or Jamaican government officials violated his due-process rights," Patterson said in his 14-page ruling.
"The Supreme Court has long held that in order for government conduct to rise to the level of a violation of due process, it must shock the conscience," Patterson added.
He noted that the US courts have accepted that a violation of due process had to be so outrageous that common notions of fairness and decency would be offended.
Patterson further noted that Coke argued it was presumed that the DEA knew the limits of Jamaican wiretap law prior to signing the two MOUs and the administration should be presumed to have knowingly violated Jamaican law.
"Even assuming that all of Coke's factual allegations are true, none of these allegations rise to the level of a due-process violation as articulated by the case law," said Patterson.
With the wiretap evidence now set to be played in open court, Rowe argued that Coke's options are dwindling and he might have to strike a deal with prosecutors.
"If Coke decides to plead guilty, he will have to waive the right to trial by jury ... . If he cuts a plea deal with prosecutors, he will probably be asked to name his co-conspirators and to describe the operations of the Shower Posse or Presidential Click," Rowe said.
Barrow accepts that the option of a plea deal is open to Coke but he does not believe this will do much for the alleged drug dealer.
"What the government is looking for is information that can lead to the conviction of others or what is described as 'substantial assistance' and my information is that he is not willing to provide that," said Barrow.
He said without substantial assistance a plea deal would not result in a major reduction in the prison time for Coke.
"If Coke goes to trial and he is convicted, he will be sentenced in accordance with the Federal Sentencing Guidelines. His sentence is likely to be in the range of a level 43 or life imprisonment," said Rowe.