United States v. Cortés-Cabán

691 F.3d 1 (2012)

Facts

Ds were members of the Puerto Rico Police Department's Mayagüez Drugs and Narcotics Division. Lieutenant Muñiz served as the director of the Division and participated and assisted in overseeing a fabrication of evidence practice. Muñiz, testifying as a government witness, stated that the drugs used by the officers were stored in a metal black box that generally was under the care and custody of Santiago, a supervisor in the Division. The box contained crack, cocaine, heroin, aluminum strips, drug paraphernalia, and ammunition rounds. The contraband was given to the police conspirators prior to their execution of a search warrant or other intervention to ensure that an arrest would ensue. Muñiz and Santiago specifically instructed officers to plant drugs if a search or intervention was not 'positive,' i.e., did not produce valid grounds for arrest. At trial, 10 incidents were detailed with respect to planting the evidence. Two FBI agents unraveled the conspiracy. A grand jury issued a two-count indictment in the District of Puerto Rico, charging appellants with conspiracy to violate civil rights under 18 U.S.C. § 241, and conspiracy to possess controlled substances with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) & 846. The jury rendered a verdict, convicting Santiago, Cortés, and Domínguez of both counts and Ruperto, only of count one. Ds appealed. Ds argue that P failed to present sufficient evidence showing (1) their respective involvement in or agreement to join the §241 conspiracy, or (2) any specific intent on each of their parts to so violate citizens' rights.