-says evidence has significant value to drug case
The United States Government says that it has admissible evidence that Guyanese drug accused, Shaheed ‘Roger’ Khan had ordered the executions of Davendra Persaud and Donald Allison before he was arrested on drug charges and wants this allowed at the upcoming trial to underline his then continuing criminal enterprise.
Khan’s lawyers have opposed a motion the government had filed for the court to rule on the admission of evidence on uncharged acts by Khan while he was here. Khan has also denied the claims that he killed the two men. However, the US government said that what it was seeking to have admitted was direct evidence of the continuing criminal enterprise and other charges in this case. “This evidence has significant probative value and the probative value is not substantially outweighed by any potential danger of unfair prejudice,” the US government said in a motion filed on Monday in the New York court. It added that any prejudice could be addressed by a proper limiting instruction from the court.
Back in May, the US government filed a motion in the Eastern District Court of New York seeking to obtain a pre-trial ruling to admit evidence regarding uncharged criminal activity by Khan. The judge has not yet ruled on the motion.
In their motion opposing the US government’s request, Khan lawyers denied that their client killed Persaud and Allison and alleged that Allison could have been killed because he was supplying guns to an anti-government gang in Agricola.
The defence lawyers had further argued that introduction of such evidence, based principally on the word of cooperating witnesses with no first-hand knowledge of the murders, would unfairly prejudice Khan and would fundamentally change the tenor and expand the scope of the trial.
The defence lawyers stated that in the case of Persaud’s murder, they had interviewed cyclist Tyrone Hamilton, who was with Persaud at the time he was killed. According to the defence, Hamilton provided them with the name of the person who shot Persaud — a person with whom Hamilton was familiar — and had stated that it was neither Khan nor anyone associated with Khan. Hamilton later denied to Stabroek News ever telling the lawyers who had killed Persaud.
Specifically, the US government is seeking to have admitted at trial: evidence that Khan threatened Persaud and Persaud’s family, seized Persaud’s car to satisfy a drug debt, and ultimately, ordered Persaud’s murder.
Khan had said that Persaud was probably killed by someone with whom he had previous brushes.
The US also wants to introduce as evidence that the drug accused was responsible for the murder of Agricola boxing coach Allison. Khan had said that Allison had strong links with the Buxton criminal gang and had supplied arms to them. The US government had said that Allison had insulted Khan in public and as a result he ordered his execution.
Meanwhile, in supporting its motion the US said that as previously argued, although the allegations were not charged in the indictment, the acts constitute direct proof of the continuing criminal enterprise and narcotics conspiracy. Khan is facing an 18-count indictment, which includes continuing a criminal enterprise.
Arguments
Arguing that alternatively, the evidence of murders of the two men was admissible under Rule 404 (b), the US charged that in Khan’s opposition, he did not challenge that the uncharged acts were both relevant to and probative of the charged narcotics offenses, or that they were alternatively admissible under Rule 404(b). Instead, he argued that he was not responsible for the acts, attacked the nature of the government’s proof and claimed the evidence should be excluded under Rule 403.
This evidence, however, was not unfairly prejudicial in the context of the charged crimes and the defendant’s other arguments, the US government said, adding that it should go to the weight the jury should place on the evidence, not whether it was admissible in the first instance.
Further, strongly arguing that the uncharged conduct was admissible and not unfairly prejudicial, the US government said that the uncharged criminal activity that it was seeking to have admitted in its motion in limine was admissible as direct evidence of the crimes charged in the indictment because the acts “arose out of the same transaction or series of transactions as the charged offense[s], … [are] inextricably intertwined with the evidence regarding the charged offense[s], [and are] necessary to complete the story of the crime [on] trial.”
It noted that although Khan denied participating in the Persaud and Allison murders, he speculated about alternative theories of the evidence, and disparaged the reliability of cooperator testimony. Uncharged and other acts could be admissible if a reasonable jury could find by a preponderance of the evidence that the defendant committed those acts, the US government argued citing other cases where this had happened.
According to the US, even murder convictions requiring proof beyond a reasonable doubt may be sustained based on the testimony of a single accomplice “so long as that testimony was not incredible on its face and was capable of establishing guilt beyond a reasonable doubt. The US government further charged that there seems to be no dispute that Persaud and Allison were, in fact, murdered, and it expected to introduce admissible cooperator testimony that Khan was responsible for those murders and that the murders furthered the goals of his drug trafficking organization.
The government also plans to introduce the taped call between Persaud and his wife about the threat to Persaud’s family, and cooperator testimony that the defendant seized Persaud’s car as partial payment for a drug debt. Noting that the crux of the defendant’s argument was that this evidence was unreliable because it consisted primarily of cooperator testimony, the US government said it expected Khan to dispute this vigorous fact at trial.
The US pointed out that the main argument raised by the defendant was that the charged crimes were less serious than the uncharged criminal conduct because the defendant has “only” been charged with narcotics offenses.
However, this was not the case, the US said, noting that the defendant was charged with being the leader of a continuing criminal enterprise. “He literally is charged with being a drug lord and ruling a vast criminal enterprise. This charge is so serious that if convicted at trial, the defendant faces a statutory mandatory minimum sentence of life imprisonment. The average juror would not be shocked that ruling a drug organization involved the use of violence, threats, and intimidation, and that a person in such a position did not arrive and remain there through polite requests,” the US government declared.
It added that indeed, one would expect that violence go hand-in-hand with leading a continuing criminal enterprise. Thus, the evidence of violence is on par and consistent with the charges against Khan, and would not inflame jurors’ emotions.
THIS IS GOOD, NOW LET’S SEE WHAT HAPPENS. IT OVER FOR ROGER RABBIT.
I am lost with this roger khan this echos alcapone when the US government new he was upto no good but ended up charging him with tax evasion. Now I am not defending the accused but if he has been charged with narcotics I assume that that you would present that case and its evidence to the jury. I would understand that someone tried in another country would read more like. they have been found guilty or not guilty at the end of the trial you expect that statement would read that he is wanted else where.
but it sounds like they have no real evidence but they want the jury to convict on inuendos.if mr khan is suspected of these other crimes then USA should pass on the evidence to Guyana justice for them to decide if the man as charges to answer in guyana. You cant put someone on trial when its out of you juristiction these crimes did not happen on US soil, also his capture amounts to kidnap he was being deported from one place to his origins so international law must have been broken. THIS IS NOT A DEFENCE OF THIS MAN BUT LAWS MEANT TO PROTECT REGARDLESS WHO YOU ARE.THE GUYANA GOVERNMENT NEEDS TO CLEAR UP THIS MESS
well that’s the reason he was kidnapped in the first place. GUYANA GOVT WAS DOING NOTHING ABOUT HIM AND HIS CRIMINAL ENTERPRISE…according to uncle sam he was shipping druggs to usa to they have reason to hold him
let the trial proceed so we can witness more of this great unravelling at home and abroad
he will not be tried for he murders in guyana, the USA is useing a system called (case construction) using the facts from guyans linking him and his acts to the USA drug deals.
truth be told the police in guyana should be ashamed that kah was able to do this and they could not when the equipment khan had coulb be had in any part of the us, it shows that the police force needs power thinkers. they cant solve crime but kan could
Clearview, the last sentence in your statement as follow:
“THE GUYANA GOVERNMENT NEEDS TO CLEAR UP THIS MESS”
Which mess are you talking about, the Bird mess…lol..well I guess they hands cannot get there to clean up that mess. A matter of fact the government of Guyana is a big WHOLE NASTY MESS that no amount of paper nor even Mr. CLEAN detergent could clean up…this regime is Jokers…lol
Ms guyana, you have alright baby.
All the dirt will come out in the testimony, hope this regime is ready to face the fallout. They are running scared, but the have no control whatsoever. It’s lovely!!
I hope the Stabroek News continues to courageously provide the unfiltered news to its local viewership and the Diaspora. The PPP tried unsuccessfully to muzzle the newspaper but they prevailed through perseverance and loyal support from its constituents.
We appreciate being kept abreast of the unfolding trial of alleged infamous drug baron Roger Shaheed Khan. This man has caused tremendous damage to the international image of Guyana and has offered us a peek into the window of his nefarious dealings which allegedly included the local administration.
Yes I would also like to commend the Stabroek News, the best newspaper in Guyana,for allowing us in the diaspora to be able not only to read the news coming out of Guyana but also to have a voice,something that Guyanese people are denied, but we have to be careful what we say or Stabroek could face the same fate as Sharma.
That right, I am in support of everything what you intelligent people have to say about Stabroek news they are awesome professionals. Stay focus of the issues Stabroek news the government of Guyana cannot hold you people down, because democracy prevail FREEDOM OF EXPRESSION good job well done SN.
Jagdeo could end all this before it gets ugly….Freedom House…….you listening to me?…Listen carefully…
Ask the US to extradite Khan to Guyana so you could try him for these murders.
Where can I pick up my consultancy fee….Jags? Clement? lol
Be careful!! lol
I guess you can pick up your consultancy fee at the Berbice Mad House…
No country can request extradition from the US if the US has held him and indicted him. No matter what he did in Guyana or elsewhere, the US will only release him if they can convict him.
So you can wait long for Jagdeo to try and get Roger Rabbit back in Guyana…it aint going to happen.
The only evidence that he can provide that will allow them to cut a deal would be to have drug related accusations against the ruling party’s senior officials upto and including the President…then and only then will the US let Roger go….until them he is going to squeel like a pig for as long as he can.
Are you kidding or you just making laugh-joke?
If by any stretch of imagination it does happen as soon as he reaches here in GT he will end up dead.
If Roger Khan goes back to Guyana, he would not be tried for anything. Justice lies with him being where he is today.
Mentioning that Allison was supplying guns to anti ********* gangs in Agricola should be an eye openor because that was why he was allowed to do what he wanted to who he wanted,all he had to tell his paranoid “allies” was that the person was a threat to them,so I expect there will be more allegations about people who were anti *********,he is still playing his game,because he thinks he will be going home,and he would like to have a warm welcome,and to be able to carry on his business as usual,I do not think he will sing,because he thinks he is powerful enough to get out,bad habit from being the king of Guyana.
To: Bluegrass.
Re: A taught to ponder on, so let us not try and convict him in the media like OJ.
Bluegrass, as I said yesterday to your statement:
“Nevertheless, I disagree with the metaphor in the last line of your statement. In the OJ case, it was the LAPD conduct that probe. However, in Roger Khan’s case the FBI (Feds) is conducting his investigation. The difference between the two probes one probe had the time to spy on its object for a very long time, likewise, the other probe had limited time to do such.”
In addition, the feds have acquired enough evidence as well as convicted informants that probably got caught smuggling drugs for RK in their PC (Protected Custody) waiting to nail him, including witness or witnesses with factual evidence relating to the executions of Davendra Persaud and Donald Allison.
Mackydog, this one is for you smart guy. Argument is the statement of a point of view and the evidence that support it in a way intended to be persuasive to other people. The US government supports their evidence against your boy Roger Khan who had ordered the executions of Davendra Persaud and Donald Allison. “The government also plans to introduce the taped call between Persaud and his wife about the threat to Persaud’s family, and cooperator testimony that the defendant seized Persaud’s car as partial payment for a drug debt.”
The golden rule is “Do unto others as you would have them do unto you.”
Little that you (Mackydog) and your boy RK don’t know is that the US invented to the spy gear that RK had in his possession in Guyana tapping into the Police Commissioner and criminals phone calls as on spying on them for information.
Meanwhile, big brother (the inventor master of the spy gear) was doing what they know best to tap into his phone conversation and now have it to produce as hard core evidence against RK at his trial (interested.) What do you have to say about Mackydog….holla @ cha boy…lol
Dear owenon123
The point is that the said crimes did not take place in the US so the US should try him for what they believe to be crimes committed in America provide the Guyanese with evidence so they could come and charge him. America can not assume the role of policing Guyana it is such that you are not meant use his previous crimes to convict him this should only be brought to the attention at sentencing so you can inflict the bigger tarriff on the accused.until tried these other crimes it really is irrelavent to the case this not an international war crime trial where you can put all on the table.
owenon123 just some food for thought.
bless
owenon123
The Americans do have a lot of info on and about RK, I don’t doubt, it’s for them to bring it to the jury but do you really think that a jury will hear that evidence? That judge will have to be crazy to allow that evidence to be heard in court ESPECIALLY when Roger Khan WAS kidnapped and illegally brought to the US. That is against international law what the US did. Roger Khan was deported to Guyana and intransited to Trinidad for a flight to Guyana with no official Guyanese identification except Surinamese jail documents saying he was RK. He should’ve been brought back to Guyana thru Nickerie and Moleson Creek like the others and countless other Guyanese deportees do, but the US wanted him badly because it was time. They wanted him here in the US for the DRUGS he exported here and yes, the US has that evidence because of others who squealed and is in jail. They NEVER wanted him for killing ppl in Guyana, this is all the responsibility of the Guyana police. The US operated like the Israeli Mossad when the Mossad went to Argentina after they tracked down their man the German Gestapo named Adolf Eikmann who’s responsible for killing thousands and thousands of Jews. They kidnapped Eikmann and flew him off to Israel then to the Hague to stand trial at the Naremberg trials. Eikmann was convicted and hung for his crime. Roger Khan alleged did drugs from Guyana to America, he did not kill any body in America nor did he kill any Americans. America has enough evidence to get Roger Khan convicted and sentenced to a mandatory life sentence without bringing up all this ignorance about killings in Guyana. But of course America is the world police, what you expect?
And don’t forget all the allegations against RK is just that. I want to see who is going to come to the US and give evidence. If the Americans want ppl, they will get about 250,000 ppl to give evidence, everybody in GT know this story, all they have to do is say they want ppl to go to the US to give evidence and they will get any Tom, Dick, Harry, Jane and Joan. They won’t have enough visas in the embassy to give ppl, the whole of Georgetown empty. Oh yes, and don’t forget, they have nuff ppl called “shortman” in Guyana.
owenon123, I know Roger Khan will go to jail, but I don’t think the jury will hear everything including the killings. Finally, Roger Khan is not “my boy”.
“Ask the US to extradite Khan to Guyana so you could try him for these murders.
”
Do you really think Roger can’t buy his freedom in Guyana. In Guyana he is untouchable with the corrupt politicians whom he has dirt on and the crooked system that has freed him in the past. That idea of trying him in Guyana on murder doesn’t fly.
Do not worry about that Nuff, RK, won’t be coming home for a long time he’s on indefinite vacation. In fact, when he gets out hopefully a new regime will be in to lay him away for those murders he committed in Guyana.
Where he is now, he’s just fine. None of the policians in Guyana do not have no influence on the Judiciary system here in the USA.
All of them will be running helter skelter for cover soon. The partying is over now.
yes he is untouchable in guyana,why,because all those big-ones who collected his money and those who he did jobs for he has audio and video of them,just in case they want to desown him at some point.
I agree with you. I don’t believe any witnesses will have the courage to testify against him. He will be freed and let go just like when he was caught with the spy equipment.
Nuff
My advice to Freedom House was not serious. I was only kidding.
What significance or even interest does the US have to provide a witness to talk about Khan’s role in the ‘murders’. These murders did not occur in the jurisdiction of the US. I though Roger was being tried for cocaine importation related offences?
There is a significance! Drugs and violence go hand in hand. They need to prove how dangerous he is to society.
BigK,
You are missing the arguments being presented to the Court.
Check this from the report above:
“Further, strongly arguing that the uncharged conduct was admissible and not unfairly prejudicial, the US government said that the uncharged criminal activity that it was seeking to have admitted in its motion in limine, was admissible as direct evidence of the crimes charged in the indictment, because the acts “arose out of the same transaction or series of transactions as the charged offense[s], … [are] inextricably intertwined with the evidence regarding the charged offense[s], [and are] necessary to complete the story of the crime [on] trial.”
Linkages are being established so that when the totality of crimes are examined,
a clear case of guilt in drug trafficing is established. Khan was running a drug enterprise which has its off-shoots of murder and executions.
Remember ancilliary evidence can add great clarification to a matrter under dispute.
Simple minds can not and will not connect the dots.
They will always be at a lost, or totally miss the big picture.