Case 1:11-cr-00425-ENV Document 448 Filed 11/07/15 Page 1 of 7 PageID #: 6483

Michael H. Gold
350 Fifth Avenue, 68th Floor
New York, New York
10118
Tel (212) 838-0699
Fax (212) 868 0013
November 6, 2015

The Honorable Eric V. Vitaliano

United States District Judge
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Re: United States v. Anthony Christian, et al., 11- CR-425 (ENV)
Dear Judge Vitaliano:
I am writing in response to the governments reply to my letter dated September 16,
2015, in which I notified the Court of my recent discovery of undisclosed FBI reports pertaining
to the murder of Jerome Estella, aka Boo Boo, that alleges that member/s of the Wu Tang Clan
were complicit in his homicide. The Brady and 3500 implications are self-evident. In light of the
governments failure to disclose the existence of a file that significantly bears on the murder, I
requested that the government provide any and all additional files within their possession or
reasonably under their control that might impact the case including, but not limited to, all police
and FBI files pertaining to the murders of Estella and Brooker.
In response to what in essence was a discovery demand, one that was consistently made
both before and during trial, the government declined to produce the demanded files. Instead,
they advanced an outlandish claim that the FBIs belief that Estella was killed by Wu Tang was
not Brady material. They suggested nothing to contradict, dispute or challenge the FBIs belief
and did not offer or seek any explanation for why such a belief existed two months after their star
witness was cooperating and, presumably, accusing my client, not Wu Tang of the murder. They
simply ask the Court to deny the legitimate and necessary request to provide the facts that
underlay the FBIs belief that someone other than my client killed Estella. As well, they also

Case 1:11-cr-00425-ENV Document 448 Filed 11/07/15 Page 2 of 7 PageID #: 6484

claim that the information about Wu Tangs involvement in Estellas murder was otherwise
provided before trial and, also, was not Brady material.
This response is fatuous and I renew my request for an Order compelling the government
to provide any and all information and files that pertain to the investigation of the murders of
Jerome Estella, aka Boo Boo and Corey Brooker, aka Shank Bank. Simply put, there is
nothing in any previously disclosed report that would provide any notice that Estella was killed
by Wu Tang or that the FBI believed that to be the case.
Initially, this application is essentially a discovery request for items that should have been
disclosed before trial. It was not and is not a motion to set aside the verdict for Brady or 3500
violations although the question is certainly raised. At this time, we are simply trying to obtain
information that should have been provided prior to trial. Once disclosure is made, a request for
additional relief, if applicable, will be made. While the FBIs belief that someone other than the
defendant ordered the killing is independently exculpatory and clearly should have been made
known prior to trial, for now, we are requesting that the government conduct a diligent search for
any and all files in the possession of the FBI, NYPD and any other law enforcement agency that
participated in the homicide investigation and provide their files to the defense. Further, an Order
should issue directing the government to specifically explain and provide any documentation
underlying the FBIs belief as stated in the August 24, 1999 report.
As the Court will recall, over the defendants vigorous objection, thousands of pages of
3500 material were not provided until the eve of trial. It was the opposite of a discovery dump
since these thousands of pages were all critical to the preparation of a defense and included, inter
alia, previous trial testimony of several cooperators and hundreds of FBI interviews. Moreover,
pursuant to the protective order, we were not permitted to provide the defendants with their own
copies of the voluminous records of FBI and police interviews of at least 9 cooperators. Those
could only be reviewed by them in the presence of counsel or an investigator.
To say that the defense was severely handicapped by the late disclosure of voluminous
material of primary import is a supreme understatement. It was compounded by the continuous
disclosure of massive amounts of additional material throughout the trial, as the Court will well
recall. Amidst the thousands of pages of documents, the government, in its reply, cited the few
instances contained in Brian Humphreys and Paul Fords 3500 material that made reference to
Wu Tangs possible animus towards Corey Brooker and, to a seemingly far lesser degree,
Estella. It should be noted that no one has ever been prosecuted for the Brooker homicide.
Nothing in these references gives rise to any notice that Wu Tang was involved in the
Estella homicide and to argue otherwise contradicts the facts and the governments longstanding
and continuous statements that no Brady material existed. At no time did the government ever
2

Case 1:11-cr-00425-ENV Document 448 Filed 11/07/15 Page 3 of 7 PageID #: 6485

turn over these reports or reveal Wu Tangs intent to kill Estella in response to repeated demands
for Brady disclosure. At no time after producing these reports, amongst the thousands of other
pages that were provided, did the government ever highlight these references as Brady material.
Nevertheless, for purposes of Brady notice, the government now equates these brief, tangential,
hearsay opinions and rank speculation by admitted perjurers with an official FBI file that
essentially accuses Wu Tang of murder. If and when we file any additional motions, we will
address and apply the law to all the known facts. For now, I will merely point to the factual
absurdity of these assertions.
The government essentially cites four FBI 302s to support their claim that the defense
was on notice that Wu Tang was possibly involved in the Estella homicide. First, 3500-BH 14
recites Humphreys recollection that Ford told him Estella was involved in the robbery of a Wu
Tang family member and that it was likely that they would come after him. Humphreys
believed that Ford was referring to Wu Tang when he said they.
Obviously, this in no way provides notice of Wu Tangs interest in or intent to kill
Estella. Unsupported opinions and qualifiers (likely) and expressions of belief that Ford was
referring to Wu Tang would not have given rise to even a good faith basis to inquire let alone be
notice of an actual conspiracy to murder. To likely come after Estella is not equivalent to
actually murdering him and could mean anything. If the government now claims that this was in
some way a coded threat of murder, they should have provided the necessary translation at the
time of disclosure since any rational reading provides no reasonable person with notice that such
a murder scheme existed. There was neither mention of an intent to murder Estella nor
confirmation that Wu Tang even was seeking revenge, let alone planned a murder. Humphreys
merely believed that Ford was referring to Wu Tang.
In short, this is rank hearsay built upon supposition and speculation and, in any event, did
not include any notice of Wu Tangs intent to murder Estella.
Next, in 3500 BH-16, Humphreys recounts that Ford believed that Brooker, not
Estella, was involved in the robbery and would find himself dead soon. This expression might
mean that Brooker was living a dangerous life by committing street robberies or it might mean
Wu Tang or a victim would seek revenge or it might mean anything else the mind could imagine.
Certainly, it does not mean that Wu Tang planned to kill Estella.

Anthony Christian was convicted of Estellas murder, not Brookers, in which case
Fords belief might be construed as Brady notice. There was not even a reference to Estella let
alone notice of Wu Tangs intent to kill him. On this report, had the defense tried to argue or
question any witness in order to suggest that Wu Tangs purported intent to kill Brooker was
tantamount to proof of their intent to kill Estella, thereby creating reasonable doubt for Anthony
3

Case 1:11-cr-00425-ENV Document 448 Filed 11/07/15 Page 4 of 7 PageID #: 6486

Christian, the government would have undoubtedly objected. And if they didnt, the jury would
have laughed off the argument for its patent incredulity.
In 3500-BH-20, Humphreys states said that Ford claimed there would be repercussions
for the robbery and suggested they (Wu Tang) would come after SHANK BANK. Again, this
refers to Corey Brooker, not Estella so there can be no serious claim that whatever
repercussions or suggestions about coming after Brooker provided any sort of notice of an
intent to murder Estella.
Finally, in 3500-PF-7, the government quotes Fords belief that Wu Tang had issued a
$30,000 contract on Brooker. Again, no such contract was issued against Estella and no
argument would have been permitted that an intent to kill Brooker was a basis to acquit Anthony
Christian of Estellas murder. Apples and oranges. No notice.
In sum, nothing cited or claimed by the government provides any notice that Wu Tang
was responsible for or interested in Estellas murder. At most, there was notice of an intent to kill
Brooker. Most significantly, nothing in the 3500 material or anywhere else explains or
supports the August 24, 1999, FBI report that calls the Estella murder unsolved, lists
Humphreys as a subject and points to Wu Tang as the killer. For this reason, we seek
discovery of any and all materials that gave rise to that conclusion and reserve the right to file
additional motions as guided by the evidence.

The August 24, 1999 FBI Report

It is hard to imagine a more definitional Brady example than the FBI recording their
collective investigative belief that someone other than the convicted murderer committed the
charged homicide. It is difficult to conceive of an explanation that would render moot a hearing
as to the basis of the FBIs belief and we undoubtedly will request one after production of all
files created by the FBI and NYPD concerning the death of Jerome Estella and Corey Brooker.
Clearly, although the government did not address this is their reply, 3500 required production of
this file before trial. It begs the question, what else was created in or around 1999 and thereafter
that was undisclosed? The government has not averred that additional files do not exist and we
ask for an Order directing them to search and disclose any additional files that bear on the Estella
and Brooker homicides.
As stated in my September 16, 2015, letter, a FOIA request resulted in the publication of
a previously undisclosed file outlining the criminal activity of Russell Jones, a Wu Tang Clan
member, that included information regarding the murder of Jerome Estella, aka Boo Boo. Most
damning is a report dated August 24, 1999, in which, as the government now concedes, Brian
Humphreys is cited as the subject in the unsolved homicide of Jerome Estella and the FBI
4

Case 1:11-cr-00425-ENV Document 448 Filed 11/07/15 Page 5 of 7 PageID #: 6487

records its belief that the Estella homicide was ordered by Wu Tang. There is no reference in this
report to any FBI belief or information regarding Anthony Christians role or involvement. A
review of the timeline highlights the Brady implications and the absolute need for further
disclosure.
Brian Humphreys was arrested on June 19, 1999, for the Estella homicide. He began
cooperating virtually immediately, admitted his culpability and claimed that he was ordered and
paid to commit the homicide by Anthony Christian. For the next several months, Humphreys
continued to cooperate, presumably telling the same story that he was ordered to commit the
murder by Anthony Christian.
Nevertheless, on August 24, 1999, more than two months after his arrest, confession and
cooperation commenced, the FBI created a report in which it states that, 1), Humphreys was a
subject in what was recorded as Estellas unsolved homicide and, 2), the FBI believed that
Estellas murder was ordered by the Wu Tang Clan. One of three possible conclusions obtains.
First, which I reject, is that the Special Agent documented the FBIs belief in Wu Tangs
involvement on a hunch, without any factual basis or support. It is inconceivable that such a
serious allegation would be included in an official file without any rational and probative link.
This application is intended to ascertain the basis of the FBIs belief two months after
Humphreys arrest, confession and cooperation that Wu Tang, not Anthony Christian, ordered
Estellas murder.
Assuming that the FBI did not gratuitously opine or imagine Wu Tangs involvement,
two alternative explanations arise for the inclusion of this belief in an FBI file. Either 1)
Humphreys provided the police and/or the FBI conflicting information during the two months of
his cooperation that led them to believe he was not the shooter or; 2) that he admitted committing
the murder but did so on order of Wu Tang or 3) some other credible source told or other
evidence convinced the FBI that Wu Tang, not Anthony Christian was responsible for the
homicide. In any event, there must be additional reports or files that would document the August
24, 1999, conclusion that Wu Tang was responsible for the murder. The FBI does not write
reports by happenstance or whimsy. Someone or something caused the agent to write on August
24, 1999, two months after Humphreys confession and accusation against Anthony Christian
that the FBI believed Wu Tang was responsible for the murder. Again, the purpose of this
application is to uncover the basis of that belief.
Rule 3500 and Brady independently warrant an Order for the requested relief.
Collectively, they compel one.
As well, on October 2, 2015, the day the government filed its response, I sent the
following email to them requesting further information before I filed a reply:
5

Case 1:11-cr-00425-ENV Document 448 Filed 11/07/15 Page 6 of 7 PageID #: 6488

I am in receipt of your response and before replying I was hoping you

could confirm and/or clarify the following:
Were the files that were released in the FOIA request known to the
prosecuting team prior to my motion and if so, when did you become
aware of them? By you, I mean anyone connected with the prosecution of
the trial defendants.
Have you reviewed the entire unredacted file and can you please provide
us with the complete and unredacted reports that relate to the Boo Boo and
Shank Bank homicides? In particular, but not exclusively, can you please
provide the complete August [2]4, 1999 report that cited the FBI's belief
that Wu Tang ordered the murder/murders of Boo Boo and Shank Bank?
Have you questioned the reporting and contributing agents as to the basis
of their collective and individual belief that the murders were committed
on Wu Tang's order?
Have you seen and/or requested any other files that bear on that belief as
any such file would likely contain supporting information as to their belief
as well as additional facts regarding the homicide/homicides? In the event
that you have not done so, I am formally requesting that you ascertain the
existence of any other FBI or police files that would tend to implicate or
otherwise connect the Wu Tang Clan to the Estella and Brooker homicides
or otherwise pertain to the homicides. Specifically, please provide any and
all information concerning the basis of the expressed FBI belief in Wu
Tangs culpability in the homicides.
Can you please confirm that the government has provided the entire police
file in connection with the Estella and Brooker homicides and if not can
you please produce that portion that was not previously provided?
Is there a way and have you conducted a search for any other files relating
to or regarding the Estella and Brooker murders? Since you were
presumably unaware of those contained in the FOIA release, I request that
you immediately order a review to determine if any other files or reports
exist that bear on the instant case.
I would appreciate a prompt reply.

AUSA Lifshitz has since advised me, as I expected, that neither he nor other members of the trial
team were aware of the existence of the referenced files prior to trial and, of course, I accept that
representation without qualification. As to the other questions in the email, I respectfully request
that the Court direct the government to respond and comply since they crucially bear on the
issues of guilt or innocence and the governments Brady and 3500 obligations.
Accordingly, we ask the Court to Order the production of the demanded materials and a
response to the questions raised in the incorporated email regarding the Estella and Brooker
homicides.

Case 1:11-cr-00425-ENV Document 448 Filed 11/07/15 Page 7 of 7 PageID #: 6489

Thank you for your consideration of this application.

Respectfully submitted,

Michael H. Gold