Christopher 'Dudus' Coke is reportedly still in good spirits, despite languishing in a United States maximum-security prison since last year June. He is slated to return to court on July 8, for a scheduling hearing, at which time a date for the start of his trial could be set. Below is a motion filed in the United States District Court for the Southern District of New York by Attorney-at-law Stephen Rosen to exclude all wiretap evidence from use at the trial.
The defendant, Christopher Michael Coke, through undersigned counsel, files this motion to exclude all wiretap evidence. This motion is filed pursuant to Federal Rule of Criminal Procedure 12.
From the year 2005 through the year 2009, federal law-enforcement agents from the government of the United States were engaged in a joint venture with law-enforcement personnel of the Government of Jamaica to conduct a narcotics investigation of defendant Coke.
During the above period of time, defendant Coke was a citizen of Jamaica, who never visited the United States. However, defendant Coke participated in telephone communications between himself, while physically in Jamaica, and others, who were physically present in the United States and who were predominately physically present in the State of New York.
During the above period of time, federal law-enforcement agents of the government of the United States and Jamaican law-enforcement agents, working together in a joint venture, intercepted and interpreted many, if not all, of the above referenced telephone conversations involving defendant Coke.
The country of Jamaica has a Constitution, which grants to Jamaican citizens the equivalent of what is considered in the United States to be a constitutional right of privacy, more specifically freedom of expression that is protected from government interference.
The country of Jamaica has an Interception of Communications Act, which was enacted in the year 2002. In pertinent part, this act requires that any non-consented-to electronic interception of a private telephone call be done upon obtaining an order from a judge, based upon a legally sufficient application for a warrant.
Additionally, this statute limits both those persons, who can conduct the court-ordered interception, and those persons, to whom the intercepted communications can be disseminated to, ie limits the persons who can listen to or read any transcripts of the intercepted communications. It is a crime under Jamaican law for an authorised officer to disclose an intercepted communication to someone whom the judge and the intercept law do not authorise to have the interception disclosed.
During the above time period, a Jamaican judge issued approximately 13 interception orders in the year 2005, approximately six interception orders in the year 2006, 19 interception orders in the year 2007, five interceptions in the year 2008, and seven interception orders in the year 2009. At no time was the Jamaican judge advised that the agents of the Government of the United States would be involved in the interception and dissemination of the interceptions of defendant Coke's private telephonic communications.
On May 31, 2011, the United States Government declassified and provided to undersigned counsel two previously secret memoranda of understanding between the executive branch of the government of the United States and the Government of Jamaica. The person who signed these agreements on behalf of the Government of the United States was the chief of operations of the United States Drug Enforcement Administration on April 27, 2004. This agreement established a joint venture between Jamaican law enforcement and United States law enforcement regarding, among other things, dissemination of interceptions of private communications by law-enforcement personnel in Jamaica.
Law-enforcement agents of the government of the United States knowingly obtained interceptions of defendant Coke's private communications while knowing that judges of the country of Jamaica were not advised that the United States law enforcement persons were obtaining the Jamaican interceptions of Coke, and that those interceptions were being obtained in violation of Jamaican constitutional and statutory law.
Moreover, these two secret agreements were never provided to the Senate of the United States for its advice and consent, as is done with treaties.
In essence, the Government of the United States knowingly and surreptitiously stole the Coke wiretap interceptions from Jamaica.
On June 14, 2011, an investigative body of the Government of Jamaica filed a detailed report of an investigation, which that Government conducted of the interceptions of defendant Coke's communications. Following the calling of 20 named witnesses before The Commission Of Enquiry Into The Extradition Request [of the Government of the United States] for Christopher Coke, this report made the following conclusions.
First, the Jamaican Interception of Communications Act did not intend that interceptions obtained pursuant to that act be disclosed to foreign governments.
Second, the above-discussed secret memoranda of understanding did not comply with Jamaican Interception of Communications Act.
Third, the giving, by Jamaican law-enforcement personnel to federal law-enforcement agents of the United States, was a breach of the Jamaican constitutional rights of defendant Coke.
The present Jamaican attorney general has prepared an affidavit signed January 6, 2011, which undersigned counsel possesses, that comes to the same conclusion as that of the above-stated Commission of Enquiry.
The introduction at defendant Coke's trial in this court of the wiretap evidence knowingly illegally obtained by the Government of the United States from interceptions conducted in Jamaica will violate defendant Coke's Fifth Amendment rights under the Constitution of the United States. The basis of exclusion is the action of the United States Government in obtaining this wiretap evidence from Jamaica.
Defendant Coke was an aggrieved person able to contest interceptions obtained under Title III within the United States. The basis of applications for those interceptions conducted within the United States by federal agents, were various above-discussed Jamaican wiretaps. Wiretap evidence from those domestic interceptions, which the government intends to introduce at defendant Coke's trial in this Court, are excludable as tainted from the above illegal conduct by the government of the United States in its actions in Jamaica.
Wherefore defendant moves to exclude all wiretap evidence from use at defendant Coke's trial.