United States District Court, E.D. Michigan, Southern Division
OPINION & ORDER DENYING DEFENDANT CARLO
WILSON'S MOTION TO COMPEL DISCOVERY REGARDING SELECTIVE
ENFORCEMENT CLAIM (DKT. 941)
MARK A. GOLDSMITH JUDGE.
matter is before the Court on Defendant Carlo Wilson's
motion to compel discovery in anticipation of filing a motion
to strike the notice of intent to seek the death penalty
based on a racially selective law enforcement claim (Dkt.
941). The Government filed a response in
opposition to the motion (Dkt. 946), to which Wilson replied
(Dkt. 949). For the reasons stated below, the Court
denies the motion.
the Court has previously described the factual and procedural
background of this case in greater detail in other opinions,
it need not do so again for purposes of the present motion.
See, e.g., United States v. Mills, 378
F.Supp.3d 563 (E.D. Mich. 2019) (denying motions to dismiss);
United States v. Mills, No. 16-cr-20460, 2019 WL
1915762 (E.D. Mich. Apr. 30, 2019) (denying motions for bills
of particulars); United States v. Mills, 367
F.Supp.3d 664 (E.D. Mich. 2019) (granting in part and denying
in part motion to preclude rap lyrics and videos).
motion, Wilson contends that the Detroit Field Office of the
FBI “engages in racially selective investigations of
murders committed in relation to criminal enterprises under
18 U.S.C. §§ 1962 and 1959 and 21 U.S.C. §
848, and criminal groups of more than one person under 18
U.S.C. § 924(j) or any other criminal statute with a
penalty of death, ” which supposedly includes its
investigation of his case. Def. Mot. at 9; see also
Def. Reply at 2 (“[T]he FBI's Detroit field office
engaged in a racially selective investigation of Mr.
Wilson-part of a pattern of racially selective investigations
of murders involving criminal groups of two or more
persons-in violation of Mr. Wilson's Fifth Amendment
rights.”). To demonstrate that his selective
enforcement claim has merit, Wilson requests a court order
compelling the Government to produce the following discovery:
(1) A list by case name, number, and race of each defendant
charged in any offense under 18 U.S.C. § 1962 in which
an overt act of murder was alleged brought by any U.S.
Attorney's Office in the State of Michigan from 2008 to
(2) A list by case name, number, and race of each defendant
charged in any offense under 18 U.S.C. § 1959(a)(1) or
21 U.S.C. § 848(e) brought by any U.S. Attorney's
Office in the State of Michigan from 2008 to the present.
(3) A list by case name, number, and race of each defendant
charged in any multi-defendant case for any offenses under
federal law for which there is a possible penalty of death.
(4) For each case listed in (1), (2), and (3), a statement of
prior criminal contact that the federal agency responsible
for the investigation had with each defendant.
(5) All national and Detroit field office FBI manuals,
circulars, field notes, correspondence or any other material
which discuss “enterprise, ” as that term is
defined in 18 U.S.C. § 1961(4), or “continuing
criminal enterprise, ” as that term is defined in 21
U.S.C. § 848(c); and which discuss “gangs”;
and which discuss any criminal group which the FBI chooses to
not categorize as an “enterprise, ”
“continuing criminal enterprise, ” or
“gang”; including directions to agents regarding
how to pursue investigations of “enterprises, ”
“continuing criminal enterprises, ” “gangs,
” and other uncategorized criminal groups and how to
determine which “enterprises, ” “continuing
criminal enterprises, ” “gangs, ” and other
criminal groups to pursue.
(6) Data from 2008 to the present outlining the number of
“enterprises, ” “continuing criminal
enterprises, ” “gangs, ” and other criminal
groups that the FBI's Detroit field office is
investigating or has investigated for violations of 18 U.S.C.
§ 1962 wherein murder is involved, violations of 18
U.S.C. § 1959(a)(1), violations of 21 U.S.C. §
848(e), violations of 18 U.S.C. § 924(j), or violations
of any other federal criminal law in which a penalty of death
(7) Data from 2008 to the present identifying the racial
composition of each “enterprise, ”
“continuing criminal enterprise, ” “gang,
” and other criminal group described in (6) above.
(8) All documents that contain information on how supervisors
and managers of the FBI's Detroit field office were to
ensure and/or did ensure or check to decide that its agents
were not targeting persons on the basis of their race, color,
ancestry, or national origin for investigations of murders
committed by individuals associated with “enterprises,
” “gangs, ” or other criminal groups and
what actions the FBI's Detroit field office took to
determine whether ...