United States v. Savage, No. 14-1493 (3d Cir. 2023)
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Under Kaboni’s leadership, the KSO gang sold drugs. While Kaboni was incarcerated, Kidada coordinated KSO activities. Northington was a KSO drug dealer and enforcer, causing one murder and committing another. Merritt sold drugs for the gang, often with his cousin, KSO member Lewis. In 2004, Kaboni told Kidada of his concern that KSO member Coleman was cooperating with the police. Kidada told Lewis that Kaboni had ordered him to “firebomb the Colemans’ house.” Lewis enlisted Merritt; the cousins filled gas cans and headed to Merritt’s house to get a gun. At 4:08 a.m., a Philadelphia officer stopped them for speeding but allowed them to leave. The two then parked near the Coleman house, carried the cans to the house, kicked in the door, and fired shots. Merritt ran inside and threw a lit gas can, causing a “big explosion.” He then exited the house, throwing another can. Lewis left a message on Kidada’s phone: “It was done.” .Six people, ages 15 months to 53 years, were killed. Coleman entered witness protection. Court-authorized recording devices near Kaboni’s cell and in the visitation room intercepted Kaboni’s conversations with his friends and other inmates and recorded Kaboni making vulgar statements about the deaths and threatening to kill others.
Kidada, Northington, and Merritt were convicted of combinations of RICO conspiracy, murder in aid of racketeering (and conspiracy), retaliating against a witness, and using fire in the commission of a felony. The Third Circuit, after affirming Kiboni’s convictions and death sentence, affirmed their convictions and life sentences. The court upheld a refusal to grant Kidada a new trial based on a conflict allegedly held by one of her attorneys, the admission of Kaboni’s statements, evidentiary rulings, the rejection of a “Batson” challenge, jury instructions, and the denial of motions to sever.
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