Case 1:12-cr-00480-RWT Document 54 Filed 07/17/13 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA v. JOSE JOAQUIN MORALES, Defendant. * * * * * * * * *

CRIM. NO. RWT 12 -480

NOTICE OF INTENTION TO USE STATEMENTS AGAINST DEFENDANT JOSE MORALES Comes now the United States of America, by and through undersigned counsel, and provides formal notice that the Government intends to use statements made by the Defendant Jose Morales to law enforcement in August 2008 and as grounds therefore does state: 1. On May 6, 2013, the Court held a hearing on the Defendants Motion regarding the

applicability of the attorney-client privilege. As part of its response, the Government contended that Morales had waived his privilege and that his waiver began the day of his arrest in Texas when he began to disclose purportedly about his criminal conduct with his attorney. Specifically, following his arrest on August 14, 2008 at an airport in McAllen Texas, Morales gave a voluntary statement to law enforcement that the government intends to introduce as it marks the beginning of his efforts to cooperate with law enforcement.1 In addition to statements made admitting to the offense conduct in that case, Morales provided extensive information primarily relating to drug trafficking. However, the Government learned from notes taken by the Texas case agent, Special Agent Garrett Huling, that Morales also implicated Needleman in the murder of Robert Long in August 2008. At the time of To the extent Morales statements provide evidence of uncharged conduct here (drug trafficking), the government submits it is admissible as inextricably intertwined with the charges in this case and his cooperation against his attorney and, alterantively, admissible under Rule 404(b).
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the May 6 hearing, the Government did not know definitively whether Morales cooperation was pursuant to a proffer agreement. The Court requested the Government to notify the Court and counsel if it intended to proactively use the statements at trial. 2. The Government has since confirmed that the post-arrest statements Defendant

Morales made to law enforcement and the U.S. Attorneys Office in the Eastern District of Texas were made knowing and voluntarily and not pursuant to any sort of proffer or letter immunity agreement. Thus, the Government intends to use relevant statements made by Morales in the current case. 3. Specifically, the Government will call Special Agent Garrett Huling as a witness at

the murder trial to testify about relevant statements Morales made that pertained (a) to his attorney Stanley Needleman, (b) to his knowledge of the gang Dead Man Inc. (DMI), and (c) the murder of Robert Long. The notes were provided to defense counsel months ago. The government does not seek to admit every statement made by Morales but believes that it is relevant and important that the jury in the above-captioned case understand Morales relationship with Needleman and his efforts to implicate Needleman in drug trafficking and murder. The jury can then properly place in context Needlemans testimony particularly as it relates to Needlemans ability to testify despite the fact that he represented Morales. Without this knowledge, the jury will be left to wonder how an attorney can testify against his client and make negative inferences regarding Needlemans testimony that simply are not true. 4. Regarding Needleman, the Government intends to offer at least the following

information in sum or substance through the testimony of Agent Huling. Morales reported his address as 417 Magnolia Road, Glen Burnie, Maryland. He provided the cell phone (and office) 2

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number for Stanley Needleman, an attorney who lives in the Jewish community and drives a black Porsche. Morales has known Needleman for years. Needleman provides Morales money for drugs, and for the flight. According to Morales, Needleman paid $25,000 for each kilogram of cocaine and Morales was responsible for selling it in the North. Morales said that Needleman expected money from him in one week from the sale of the cocaine Morales went to Texas to pick up. Morales said there was supposed to be 30 kilograms every other week. 5. Further, on August 28, 2008, Morales told investigators that he had left Baltimore on

August 13. Morales said Needleman had provided $200k for 10 kilograms of cocaine. Needleman had paid $30K already for Morales bond.2 Morales said he had picked up the money on Monday, August 11, outside the Mitchell Courthouse in Baltimore. Morales said he was living then at 142 Grimm Road - his residence in Baltimore. Morales also provided information about his first trip to Texas and the last (the third) which resulted in his arrest on August 14, 2008. 6. Morales said that Needleman had instructed him to put the cocaine in a common

area in the airport while waiting to board the private airport. Needleman had instructed him on the prices for the cocaine; Needleman would get half the profits. When Morales got to the airport with the cocaine, he went to the counter, paid for the flight in cash, then took the cocaine to the restroom and left it there. Morales said his sister Mino called Needleman.

Note: Needleman will confirm in his testimony that he paid $30,000 in cash for Morales bond in the Summer of 2008. Morales had failed to appear for court on another charge and the police found him hiding in the attic of a female friend in Baltimore on July 10, 2008. 3

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7. C

As part of the debriefing of Morales on August 28, 2008: Morales provided information about DMI: that two white guys started it; Jimmy Sweeney started it. Morales described a gang sign Mason eye on a dollar). DMI hits for BGF (Black Gorilla Family).

C C C

Morales said Warren Lumpkin got beat by a bat. Morales said that the wife of a lieutenant in the gang works for Needleman. Morales said the day his co-defendant snitched, Stanley said dont worry about it, Ill take care of it.

C C

Morales said that Rob Long (his co-defendant) then got killed. Morales said a guy came on a motorcycle (an Old Bike) to get a little coke (1 ounce) on Friday. It had WV (West Virginia) tags. Morales said that on Monday morning his co-defendant was dead. Stanley said, We need to talk and laughed. He said to meet at the courthouse.

C C C C C

Stanley told Morales, I told you not to worry about it. DMI took care of it. Morales said he was never questioned by BC (Baltimore City). The co-defendant was going to testify about stolen scaffolding. Said Needleman has inside to Homicide Investigator in BC. Morales also provided information about another murder. He said that 4 or 5 years previous, there was a killing at the Ritz. An acquaintance of Jose Morales got killed. Craig got killed and owed Stanley a lot of money (over 100K). Stanley represented the black guy who killed Craig.

Morales said, Stanley has big ties to Jersey. 4

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This same information was detailed in the Government's Supplemental Disclosure and Reply To Defendant's Response to Government's Disclosure of Anticipated Attorney Testimony filed May 3, 2013. The government intends to elicit all of this information at trial. 8. Agents returned to talk to Morales on September 4, 2008. At that point, Morales

discussed five trips he had taken to Texas. Morales agreed to place consensual calls to be recorded by law enforcement to his sister Herminda Morales, to Adam Malinowski (who had traveled with him to Texas on the August 13 trip), Stanley Needleman and others. Needleman never answered the phone when Morales called, a fact the government intends to elicit at trial. Respectfully submitted, Rod J. Rosenstein United States Attorney /s/ By:___________________________ Sandra Wilkinson Martin Clarke Assistant United States Attorneys 36 South Charles Street Fourth Floor Baltimore, Maryland 21201 (410) 209-4800

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 17th day of July, 2013, a copy of the foregoing pleading was electronically filed and emailed to counsel of record for Jose Joaquin Morales via CM/ECF at: Jonathan Zucker, Esq. 1350 Connecticut Ave., NW Suite 202 Washington, DC 20036 jonathanzucker@aol.com Gary E. Proctor, Esq. 8 East Mulberry Street Baltimore, MD 21202 gary_proctor@verizon.net /s/ _______________________________ Sandra Wilkinson Assistant United States Attorney