Appeal from the Superior Court of the District of Columbia (F-7861-03) (Hon. Lynn Leibovitz, Trial Judge).
The opinion of the court was delivered by: Reid, Associate Judge
Before REID, Associate Judge, FARRELL, Associate Judge, Retired,*fn1 and KING, Senior Judge.
Appellant, Dwight C. Beatty, was convicted of assault with a dangerous weapon; possession of a prohibited weapon; carrying a dangerous weapon; and felony threats. These convictions arose out of an incident between Mr. Beatty and Kingsley Amadasun, a lawful permanent resident and the estranged husband of Mr. Beatty's girlfriend, Cheryl Amadasun, an American citizen. Mr. Amadasun was the government's main witness, and prior to trial, Mr. Beatty made a Brady demand, requesting information regarding a denial of Mr. Amadasun's citizenship application. Mr. Beatty alleged that this information contained evidence of bias, because he believed that Mr. Amadasun's application for citizenship was denied because Ms. Amadasun separated from Mr. Amadasun, due in part to her relationship with Mr. Beatty. Mr. Beatty challenges the trial court's denial of his request for an in camera inspection of a document showing the reason Mr. Amadasun was denied citizenship. We affirm.
On December 6, 2003, at approximately 11:45 a.m., Mr. Amadasun went to his estranged wife's apartment to pick up their daughter, Karina Amadasun (hereinafter "Karina").*fn2 At the time, Ms. Amadasun was dating Mr. Beatty. When Mr. Amadasun arrived at her apartment, located on the 300 block of Anacostia Road, in the Southeast quadrant of the District, she told him to "stay by the door to the hallway" and that his "daughter would be ready." Ms. Amadasun remained by the door and Karina came out of her bedroom and hugged her father. As Karina's father waited for her to get dressed, Mr. Beatty came out and said to him, "I told you not to come here no more . . . what the f**k you doing here." Mr. Amadasun responded, "listen, I'm here to pick up my daughter." Thereafter, the two men, standing approximately three feet apart, "started screaming at each other." Mr. Amadasun testified he smelled "just a little bit of alcohol" on Mr. Beatty's breath and that he [Mr. Beatty] appeared to be "drunk a little bit."
As the two men "talked back at each other," Mr. Beatty pulled out a gun from the front right side of the waistband of his pants. He held the gun at chest level, waving it back and forth at Mr. Amadasun and calling him "b***h" and "n****r," and saying, "I'm going to shoot you; what the f**k you doing here." Mr. Amadasun responded, "go ahead if you want to shoot me, I ain't going nowhere." He grabbed his daughter and said "c'mon, Karina, let's go" and they proceeded downstairs. Mr. Beatty followed them down to the second floor with the gun pointed at Mr. Amadasun's head and said, "you can't say nothing now, you b***h n****r; I'm going to use it." Mr. Amadasun responded, "go ahead, use it, why don't you drop your gun, let's go outside to, to see if you could do anything to me." Mr. Beatty "didn't do anything" and "went back upstairs." Karina and her father got into his car. He drove to a gas station on Minnesota Avenue, and used a pay phone to call 911.
Metropolitan Police Department ("MPD") Officer George Hill responded to Mr. Amadasun's 911 call at the 3900 block of Minnesota Avenue. He testified that Mr. Amadasun "appeared to be in total disbelief," and "upset," while his daughter appeared "shaken" and "a little disturbed." Officer Hill spoke with the father and the daughter and accounts of the incident were "consistent" with each other. The officers went to Ms. Amadasun's apartment and spoke with her. She gave "at least two or three different stories" about the incident, none of which involved a gun.
On December 21, 2003, Mr. Amadasun and his estranged wife met near the intersection of Minnesota and Pennsylvania Avenues, so that Karina could visit her father. Karina said to her father, "remember the guy that pulled the gun at you," "he [is] at my house." Mr. Amadasun called the police. Two officers responded and drove with him to Ms. Amadasun's apartment, entered it and arrested Mr. Beatty.*fn3
On July 2, 2004, Mr. Beatty filed a "Specific Brady Demand," requesting that the government provide documentation in possession of the United States Citizenship and Immigration Service (hereinafter "USCIS") relating to any pending hearing or action concerning Mr. Amadasun's immigration residency and/or citizenship status. Mr. Beatty stated that he was making continued efforts to obtain the records, but had "been unsuccessful in ascertaining [the] office upon which to serve a subpoena." On July 19, 2004, the government faxed a response to him disagreeing "with the Brady characterization of the defense request." The response included a decision letter from the Department of Homeland Security (hereinafter "DHS"), which stated that Mr. Amadasun's application for citizenship had been denied. The decision letter also referenced an attachment, which noted the reasons for the denial. This attachment was not included in the government's faxed response.
On or about August 5, 2004, Mr. Beatty filed a "Motion to Compel Discovery," requesting that the "government be instructed to obtain the attachment, and any additional information regarding Kingsley's citizenship application." Mr. Beatty asserted that Mr. Amadasun's application for citizenship was based upon his marriage to Ms. Amadasun, an American citizen; and that he is separated from her, due in part to her relationship with Mr. Beatty.*fn4 Mr. Beatty alleged that the information contained in the attachment may be evidence of bias, providing a reason for why Mr. Amadasun does not like him. He maintained that he was unable to locate the office "authorized to act as an agent for CIS" and that the records were "in the sole possession of the government." He asked the trial court to make an in camera inspection of the material, if the government continued to claim that the information contained in the attachment was irrelevant to the case.
On August 11, 2004, the court addressed Mr. Beatty's motion to compel. His defense counsel stated that a contact with Immigration Customs Enforcement (hereinafter "ICE") informed him that one of the two people on whom he would have to serve a subpoena was the "district agency supervis[or]," who was located in Vermont. This contact also stated that the disclosure of the documents sought could violate Mr. Amadasun's privacy rights, and thus would not be permitted. Defense counsel reiterated that the only document he sought was the document attached to the decision letter denying Mr. Amadasun's citizenship application. When pressed by the trial court about the contents of the document sought, defense counsel stated, "it is my assumption that if the application is under the condition of marriage, the denial was because of dissolution would be -- or at least an element would be at dissolution of the marital union." However, as the court noted, the prosecutor had earlier proffered that the attachment sought was in the custody of Mr. Amadasun and not the government. The prosecutor also stated the attachment "says nothing at all about  a link between [Mr. Beatty] and the denial of citizenship or naturalization." In denying Mr. Beatty's motion to compel, the court stated,
[T]he documents [Mr. Beatty] requests by way of Brady demand are, in fact, A, not Brady; B, in any event not within the custody of the Government; and, C, clearly not identified . . . by [Mr. Beatty] in any specific way such that it appears to me that the request is, in fact, a fishing expedition and not the identification of documents which would be in any way Brady material or otherwise discoverable. I denied the motion to compel.
The trial court revisited the denial of citizenship issue during Mr. Amadasun's August 16, 2004 testimony as a government witness. On cross-examination, defense counsel inquired whether Mr. Amadasun had applied for citizenship. When the prosecutor objected, the trial court held a bench conference during which the judge specifically asked the prosecutor why Mr. Amadasun was denied citizenship. The prosecutor responded: "It has to do with a prior criminal conviction and arrest. And it has nothing to do with anything relating to this matter." The judge determined that Mr. Amadasun was denied citizenship in May 2003, but that the separation from his wife and her subsequent dating of Mr. Beatty took place two years before DHS issued the letter of denial. The judge then permitted defense counsel to ask Mr. Amadasun whether he had "any reason . . . to believe that the citizenship application was denied because of . . . the separation . . . ." Mr. ...