United States v. Casey, No. 13-1839 (1st Cir. 2016)
Annotate this CaseIn 2005, Puerto Rico Police Agent Lizardi was undercover, investigating Casey. Lizardi went missing on the day of a scheduled drug buy. Casey was arrested, signed a Miranda waiver, and at some point, told officers he was no longer interested in talking. While Casey was in custody, Casey's grandparents, with whom he lived, permitted officers to search his bedroom without a warrant. The FBI discovered a loaded firearm, Lizardi's cell phone, and a pair of blood-stained flip flops. Confronted with this evidence, Casey requested an attorney. His common-law wife visited him in custody. Casey's statements to her during their exchange were overheard by officers. Lizardi's body was found. Casey was charged with carjacking with the intent to cause death or serious bodily injury (18 U.S.C. 2119(3)); possession, use, discharge, carrying of firearms during a crime of violence resulting in another's death (18 U.S.C. 924(j)); and being a felon in possession of a firearm (21 U.S.C. 922(g)(1)). Pretrial proceedings took six years and included unsuccessful motions to suppress evidence from the bedroom search, a photo array identification that connected him to the crime, statements elicited from him allegedly in violation of his Miranda rights, words exchanged with his wife while in custody, and photos of Lizardi's decomposing body. The FIrst Circuit affirmed Casey’s convictions and the sentence of life in prison, rejecting challenges concerning voir dire, the motions to suppress, and the judge’s refusal to recuse himself.
The court issued a subsequent related opinion or order on June 29, 2016.
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