United States v. Ramirez

871 F.2d 582 (6th Cir. 1989)

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Nature of the Case

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Facts

D and Espinal both had been involved with drugs for a number of years. Espinal had a very serious cocaine addiction and had also sold drugs. Both her present and former husbands were in prison for drug dealing and Ramirez was a cellmate of her ex-husband. Shortly after D was released from prison, but prior to the time charged in the indictment, he had provided Espinal with two kilos of cocaine for resale. In July of 1987, D called Espinal and offered to 'front' at least five kilos of cocaine to her for resale. Espinal thought she was being set up. Espinal contacted local police who did not pursue the matter. Espinal then traveled to Miami and met D, and they returned by air to Lexington under assumed names to await the auto-delivery of the cocaine by courier. Espinal was scared of a setup and also if the transaction was real she did not have the contacts to dispose of five kilos of cocaine in a short time. Espinal was given seven kilos of cocaine. She called the police who ignored her. Espinal then decided to commit suicide. On cocaine and vodka and armed with a.38 caliber pistol, she went to the Kentucky Horse Park with the intention of killing herself. She was observed there by a security guard to whom she blurted out her story, and the guard helped in contacting federal authorities. The result was the arrest shortly thereafter of D and several others. D was convicted by a jury of possession of cocaine and conspiracy to possess cocaine with the intent to distribute. Karla Espinal was the principal witness against D at trial. She was also a co-conspirator. Roy Stout, a codefendant, filed a motion seeking to compel Karla Espinal to submit to a psychiatric examination to determine her competency as a witness in the case. Espinal, in her testimony in the two previous trials, had admitted using substantial amounts of cocaine during the period covered by the offense. Stout also sought permission to introduce psychiatric testimony relative to the effect of the drug Xanax, which had been prescribed by a physician for Espinal during the time she was in federal custody. Similar motions had been made and denied in the previous trials in which Espinal testified. The Judge allowed an offer of proof from D's psychiatrist outside of the presence of the jury. the motion was denied. D appealed.