United States v. Asad
1:17-cr-00040
N.D. Ill.Aug 28, 2024Background
- Mardi Lane, a member of the LAFA faction of the Gangster Disciples, was found guilty by a jury of conspiring to engage in racketeering under 18 U.S.C. § 1962(d) based on gang-related activity in Chicago from 2008–2018.
- The government alleged Lane participated in violent gang activity, including murder, attempted murders, drug trafficking, and witness intimidation, to further the enterprise's goals.
- Lane was convicted for participating in the murder of Deonte Hoard and the attempted murders of several individuals in 2015, based on extensive testimonial, documentary, and forensic evidence.
- Lane filed post-trial motions for judgment of acquittal (Rule 29) and a new trial (Rule 33), challenging the sufficiency of the evidence and numerous evidentiary and procedural rulings during the trial.
- Judge John J. Tharp, Jr. denied both motions, finding the evidence sufficient and the court's rulings on evidentiary and procedural issues were not erroneous or manifestly unjust.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence (RICO Conspiracy & Special Findings) | Proved Lane's involvement in murder/attempted murders via corroborated testimony and evidence. | Government's evidence, especially cooperating witnesses, not credible; insufficient linkage to Lane or enterprise. | Evidence viewed in light most favorable to government supports verdict; witness credibility is jury issue. |
| Whether Murder Was Cold, Calculated, Premeditated | Lane and co-defendant planned and executed targeted killing, corroborated by prior animus. | "Opps shopping" was not premeditated, just a pastime; lacked premeditation. | Evidence showed protracted motive, planning and execution; jury’s finding upheld. |
| Connection of Attempted Murders (Thomas and Curtis) to Racketeering | Violent retaliation for disrespect part of LAFA's enterprise; violence integral to gang operation. | Shooting was not in gang territory or against gang members, not in furtherance of enterprise. | Retaliation for disrespect intrinsic to gang’s racketeering; jury’s finding reasonable. |
| Admissibility of Various Evidentiary Items (statements, videos, tattoos, expert testimony, photos, etc.) | Highly probative, corroborated elements of RICO conspiracy and enterprise. | Unfairly prejudicial, unreliable, irrelevant, or lacking proper foundation. | Each challenged item properly admitted under evidentiary rules; no abuse of discretion. |
Key Cases Cited
- United States v. Jones, 713 F.3d 336 (7th Cir. 2013) (sets a high standard for post-verdict judgment of acquittal motions)
- United States v. Peterson, 823 F.3d 1113 (7th Cir. 2016) (standard for reviewing sufficiency of evidence, not acting as a "thirteenth juror")
- United States v. Genova, 333 F.3d 750 (7th Cir. 2003) (reiterates role of judge on Rule 29 motions)
- United States v. Morales, 902 F.2d 604 (7th Cir. 1990) (new trials only when there is a serious danger of miscarriage of justice)
- United States v. Brown, 973 F.3d 667 (7th Cir. 2020) (gang-related murder premeditation and admissibility of gang evidence)