United States v. Harlow

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v.
Criminal Action No. 22-096-4 (CKK)
PAULA HARLOW (4),
Defendant
MEMORANDUM OPINION AND ORDER
(September 20, 2023)
Defendant Paula Harlow (“Defendant”) is charged by indictment with (1) conspiracy
against civil rights, in violation 18 U.S.C. § 241, and (2) obstructing access to a reproductive health
clinic, in violation of 18 U.S.C. § 248. Defendant has moved in advance of trial to suppress
testimonial statements she made to law enforcement during a custodial interrogation at a
Metropolitan Police Department (“MPD”) police station. The Court held an evidentiary hearing
on June 7, 2023, at which, for the defense, only Defendant testified. In response, the Government
presented one witness, Federal Bureau of Investigation (“FBI”) Agent Nicole Miller, though it
mainly relied on the video recording of the interrogation at question. Because, even taking
Defendant’s testimony as true, Defendant’s admissions were voluntary, the Court DENIES
Defendant’s [212] Motion to Suppress Statements (“Motion” or “Mot.”).
I. BACKGROUND
A. Indictment’s Allegations and General Procedural Background
Although the Court assumes the reader’s familiarity with this matter, the Court briefly
reiterates its factual and procedural background. The operative indictment charges all ten
Defendants with successfully scheming to disrupt access to a reproductive health clinic in the
District of Columbia on October 22, 2020. Id. at 5. The Indictment alleges that Defendant Handy
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orchestrated this conspiracy, directing her co-Defendants to undertake various preparations to
blockade the clinic. Id. For example, Defendant Harlow allegedly brought with her a duffle bag
containing chain and rope, which Defendants Smith, Harlow, Marshall, Hinshaw, and Bell used to
block the clinic’s doors. Id. at 6. For her part, Defendant Handy allegedly made an appointment
at the clinic under a false name in order to ensure her entry and her co-conspirators’ entry shortly
thereafter. See id. at 4. According to the Indictment, at least Defendant Smith’s entry was
particularly violent, causing a nurse to stumble backwards and injure her ankle. Id. at 5. Defendant
Handy then purportedly directed others to blockade the clinic’s doors, locking staff in and potential
patients out. See id. at 5-6. Meanwhile, Defendant Darnel allegedly live-streamed the incursion,
telling listeners that he and co-conspirators had “intervene[d] physically with their bodies to
prevent women from entering the clinic[.]” Id. at 6.
The Court severed the case into three trials: (1) an August 9, 2023 trial featuring
Defendants Handy, Hinshaw, Idoni, Goodman, and Geraghty; (2) a September 6, 2023 trial
featuring Defendants Darnel, Marshall, and Bell; and (3) an October 23, 2023 trial featuring
Defendant Harlow. The tenth Defendant, Jay Smith, entered a plea of “guilty” on a superseding
information on March 1, 2023. A jury returned a verdict as to the first group on August 29, 2023,
finding each Defendant in that group guilty of each charge in the operative indictment, including
a special finding that they used force against persons or property to achieve their unlawful ends.
A verdict has been rendered in the second trial. The Court now resolves Defendant’s suppression
motion in advance of her trial.
B. Background Specific to Motion to Suppress
The blockade of the clinic ended with Defendant’s arrest at approximately 11:30 AM. ECF
No. 220 at 2. MPD officers then transported Defendant to its Second District station for booking.
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Hrg. Trans. at 13:7-10. Defendant’s Motion was initially predicated upon an assertion that some
aspect of her subsequent interrogation was coercive, i.e., that “she was under the impression that
if she cooperated by speaking with law enforcement officers, then she would be released from
custody.” Mot. at 4. This assertion changed somewhat at the suppression hearing. There,
Defendant testified that she was initially placed in a holding cell, at which point an unidentified
police officer informed her that she would “be released” only if she talked to agents of the Federal
Bureau of Investigation. Hrg. Trans. at 15:3-4. At some later point, MPD officers escorted
Defendant to an interview room, where two FBI agents and an MPD detective commenced an
interview with Defendant. Id. at 17:13-21; Gov. Ex. 101.
The interview room fit four individuals comfortably. Gov. Ex. 101. All four were seated;
a few feet of open space separated Defendant from law enforcement. Id. Defendant sat upright in
a metal chair in the same clothes in which she arrived. See id. The only restraints used were metal
handcuffs. Id. Directly to Defendant’s left was a small metal table, on which she signed a standard
“advice of rights” form, Gov. Ex. 102. The two FBI agents were not visibly armed; the MPD
detective had a holstered pistol affixed to his hip. See Gov. Ex. 101. Law enforcement was dressed
in a combination of formal-business and business-casual attire. Id. After Defendant signed the
form, the MPD detective asked if Defendant was “comfortable” and offered to remove Defendant’s
handcuffs. Id.Immediately after law enforcement entered the interview room, the lead FBI agent
introduced himself and his colleagues, and asked Defendant “whether [she] wouldn’t mind
speaking with [them].” Id. Defendant nodded and then answered, “okay.” Id. The lead FBI agent
then presented Defendant with the “advice of rights” form. Id. When Defendant stated that she
could not read the form without her glasses, the lead FBI agent read it aloud to her. Id. The lead
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FBI agent first explained that Defendant “had the right to remain silent.” Id. The agent asked
whether Defendant understood that right, and Defendant nodded and answered affirmatively
“mmhmm.” Id. She then initialed next to the line to demonstrate that she understood. Id. She
did the same when the lead agent voiced the remaining Miranda rights, including when the agent
informed Defendant that she had “the right to stop answering at any time” if she chose to answer
questions without her attorney present. Id. She then agreed that she understood her rights and that
she was “willing to answer questions without a lawyer present.” Id.Defendant proceeded to answer a number of questions. Id. That changed when the
interviewing agent posed questions regarding locks and chains that Defendant allegedly affixed to
herself while inside the waiting room of the clinic. Id. When pressed on whether Defendant was
“involved” with the locks and chains, Defendant responded, “that’s all I want to answer.” Id.Defendant then answered a number of other questions, in addition to describing, unprompted, her
ideology and reasons for traveling to the District of Columbia. Id. When asked whether police
instructed her to leave the clinic waiting room, Defendant responded, “I don’t want to answer.”
Defendant then ended the interview, telling the interviewing agent, “I think we’re all done.” Id.At that point, she told law enforcement to investigate abortion and described her views on abortion.
Id. Law enforcement then left the room, and questioning ceased. Id.II. DISCUSSION
Defendant broadly maintains that her admissions were involuntary, notwithstanding her
subsequent Miranda waiver. Mot. at 4. Defendant’s precise position is difficult to parse, however,
because the instant Motion devotes little more than a paragraph to argument. Id. It appears that
Defendant herself also shifted her account the day of the suppression hearing. According to
defense counsel, rather than law enforcement having coerced Defendant into an admission in the
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interrogation room, Defendant herself informed her counsel the morning of the suppression
hearing that she had instead been coerced by the unnamed police officer outside her holding cell
before she entered the interrogation room. Rough Trans. at 5. Taking Defendant’s account as true,
the Court understands Defendant to raise a modified Seibert challenge to her admissions. See
Missouri v. Seibert, 542 U.S. 600 (2004).
Before reaching Seibert, the Court reiterates Miranda’s familiar holding that an admission
is presumptively involuntary if it is the product of in-custody police interrogation without a
Miranda warning. See Oregon v. Elstad, 470 U.S. 298, 307 (1985). The parties agree that
Defendant’s admissions were elicited through custodial interrogation. See Gov.’s Opp., ECF No.
220 at 3. The only question, therefore, is the effectiveness of the interviewing agent’s Miranda
warning at the beginning of the custodial interrogation.
Defendant appears to maintain that the Miranda warning was ineffective due to the police
officer’s prior (purported) statement to the effect that Defendant would be unable to leave without
first answering questions. Defendant would appear to liken this conduct to the sort of “two-step”
interrogation held presumptively unlawful in Seibert. There, a plurality of the Supreme Court
concluded that a confession after a Miranda warning is inadmissible if it follows a prior, coerced
confession. See 524 U.S. at 612. Here, however, law enforcement did not interrogate Defendant
before her entry into the interrogation room. At most, a police officer misstated the law, and the
interviewing agent’s methodical Miranda warning in the interrogation room more than adequately
“counter[ed] any probable misimpression” conveyed by the alleged police officer outside
Defendant’s holding cell. See id. at 616; cf. also United States v. Redrick, 48 F. Supp. 3d 91, 109-
10 (D.D.C. 2014) (statements during custodial interview after Miranda warning admissible
notwithstanding earlier, unwarned admissions made in noncoercive atmosphere). Even had there
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been an earlier, unwarned interrogation, there is no indication that such a “two-step interrogation
technique was used in a calculated way to undermine the [subsequent] Miranda warning.’” See
United States v. Straker, 800 F.3d 570, 617 (D.C. Cir. 2015) (quoting Seibert, 524 U.S. at 622
(Kennedy, J., concurring)). Moreover, the second interaction was led by a different law
enforcement agency unaware of the prior alleged interaction and in an entirely different setting.
See id. at 618.
Furthermore, the record is utterly devoid of coercion during the custodial interview. Clear
video evidence demonstrates that Defendant sat comfortably in a chair in only minor restraints.
When law enforcement asked whether she was comfortable and offered to remove her handcuffs,
Defendant demurred. This police environment––entirely standard, if not banal––cannot come
close to dispelling the presumption of voluntariness that comes with an effective Miranda warning.
See Berkemer v. McCarty, 468 U.S. 420, 433 n.20 (1984) (“[C]ases in which a defendant can make
a colorable argument that a self-incriminating statement was ‘compelled’ despite the fact that the
law enforcement authorities adhered to the dictates of Miranda are rare[.]”). The circumstances
suggesting involuntariness are severe indeed, usually involving real or threatened violence. See
United States v. Karake, F. Supp. 2d 8, 51-52 (D.D.C. 2006) (ESH) (collecting cases).
It is also evident that Defendant’s Miranda waiver was knowing and intelligent. After
articulating each right, the interviewing agent asked Defendant whether she understood each of
them. Defendant answered in the affirmative, also initialing the “advice of rights” form. She
clearly understood her rights well enough to answer certain questions and not others, and
affirmatively end the interview. See Straker, 800 F.3d at 625 (exercising Fifth Amendment right
demonstrates understanding of the right). Overall, Defendant has not and cannot identify any
factual circumstance demonstrating that her “will [was] overborne and [her] capacity for self-
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determination [was so] critically impaired” that her Miranda admissions and waiver was
involuntary. See Colorado v. Spring, 479 U.S. 564, 574 (1987) (internal quotation marks omitted).
III. CONCLUSION
Accordingly, and for all the foregoing reasons, the Court concludes that Defendant’s
admissions were voluntary. Therefore, it is hereby
ORDERED, that Defendant’s [212] Motion to Suppress Statements is DENIED.
SO ORDERED.
Dated: September 20, 2023 /s/
COLLEEN KOLLAR-KOTELLY
United States District Judge
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