404 F.Supp.2d 676 (M.D.Pa. 2005), 4 CR-96-239, United States v. Hammer

Docket Nº:4 CR-96-239
Citation:404 F.Supp.2d 676
Party Name:United States v. Hammer
Case Date:December 27, 2005
Court:United States District Courts, 3th Circuit, Middle District of Pennsylvania
 
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Page 676

404 F.Supp.2d 676 (M.D.Pa. 2005)

UNITED STATES of America

v.

David Paul HAMMER

No. 4:CR-96-239.

United States District Court, M.D. Pennsylvania.

Dec. 27, 2005.

Page 677

[Copyrighted Material Omitted]

Page 678

[Copyrighted Material Omitted]

Page 679

Frederick E. Martin, Williamsport, PA, Gwynn X. Kinsey, U.S. Department of Justice, Washington, DC, Martin C. Carlson, U.S. Attorney's Office, Harrisburg, PA, for United States of America.

OPINION

MUIR, District Judge.

TABLE OF CONTENTS
I. Introduction ........................................................ 680
II. Findings of Fact .................................................... 692
A. The Change of Plea and Waiver of Counsel Proceedings.
Findings of Fact 1 through 96.
B. Mr. Ellis's Involvement with and Observations of Mr. Hammer.
Findings of Fact 97 through 108.
C. Mr. Montville's Involvement with and Observations of Mr. Hammer.
Findings of Fact 109 through 114.
D. The Razor Blade Incident.
Findings of Fact 115 through 118.
E. The Evaluation of Mr. Hammer by Government Experts Drs. Matthews and Martell.
Findings of Fact 119 through 263.
F. Dr. Mitchell's Involvement with and Assessment of Mr. Hammer.
Findings of Fact 264 through 332.
G. Dr. Sadoff's Involvement with and Assessment of Mr. Hammer.
Findings of Fact 333 through 347.
H. Dr. Wolfson's Involvement with and Assessment of Mr. Hammer.
Findings of Fact 348 through 372.
I. Dr. Blumberg's Involvement with and Assessment of Mr. Hammer.
Findings of Fact 373 through 431.
J. Dr. Gelbort's Involvement with and Assessment of Mr. Hammer.
Findings of Fact 432 through 477.
K. Dr. Gur's Involvement with and Assessment of Mr. Hammer.
Findings of Fact 478 through 542.
L. Dr. Grassian's Involvement with and Assessment of Mr. Hammer.
Findings of Fact 543 through 583.
M. Dr. Kluft's Involvement with and Assessment of Mr. Hammer.
Findings of Fact 584 through 687.
N. The Alleged Ethical Violations of Drs. Wolfson, Mitchell, Karten and Dubin.
Findings of Fact 688 through 840.
O. Mr. Hammer's History of False Confessions and Reports.
Findings of Fact 841 through 917.
P. Testimony and Evidence Relating to the Murder of Andrew Marti.
Findings of Fact 918 through 1075.
Q. The Testimony of Forensic Pathologists Spitz and Funke.
Findings of Fact 1076 through 1194.
R. Andrew Marti's History of Autoerotic Sexual Asphyxia.
Findings of Fact 1195 through 1212.
S. Attorneys Travis's and Ruhnke's Involvement with and Observations of Mr. Hammer.
Findings of Fact 1213 through 1242.
T. Attorneys Foster's and Long"Sharp's Involvement with and Observations of Mr. Hammer.
Findings of Fact 1243 through 1264.
U. Mr. Snyder's Involvement with and Observations of Mr. Hammer.
Findings of Fact 1265 through 1284.
V. Mr. Gonzales's Involvement with Mr. Hammer.
Findings of Fact 1285 through 1290.
W. Mr. Halloran's Involvement with and Observations of Mr. Hammer.
Findings of Fact 1291 through 1326.
X. Mr. White's Involvement with and Observations of Mr. Hammer.
Findings of Fact 1327 through 1355.
Y. Dr. Nolan's Involvement with and Observations of Mr. Hammer.
Findings of Fact 1356 through 1373.
Z. Dr. Elliot's Involvement with and Observations of Mr. Hammer.
Findings of Fact 1374 through 1388.
AA. The Bureau of Prisons' Awards Program.
Findings of Fact 1387 through 1429.
BB. The Quality of Mental Health Care Provided to Mr. Hammer While Incarcerated in the Oklahoma Prison System.
Findings of Fact 1430 through 1488.
CC. Martin Hammer's Observations of David Paul Hammer as a Child.
Findings of Fact 1487 through 1507.
DD. Mr. Oberg's Involvement with and Observations of Mr. Hammer.
Findings of Fact 1508 through 1543.
EE. Other Inmates' Involvement with and Observations of Mr. Hammer.
Findings of Fact 1544 through 1583.
FF. The Undisclosed FBI 302 Statements.
Findings of Fact 1584 through 1696.
GG. The Erroneous Findings Relating to Mitigating Circumstances.
Findings of Fact 1697 through 1705.
III. Discussion .......................................................... 791
IV. Conclusions of Law .................................................. 800

Page 680 I. Introduction. We address in this opinion David Paul Hammer's fourth amended § 2255 motion filed as permitted by our order of October 18, 2005. On September 18, 1996, a Grand Jury sitting in Williamsport, Pennsylvania, returned an Indictment charging Mr. Hammer with first degree murder. Mr. Hammer was charged with killing his cellmate, Andrew Marti, while housed in Cell 103 of the Special Housing Unit at the Allenwood United States Penitentiary, White Deer, Pennsylvania. The killing occurred on April 13, 1996, sometime between the hours of 2:00 and 3:00 a.m. On April 9, 1997, the Government filed a notice of its intent to seek the death penalty. On September 24, 1997, Mr. Hammer filed a notice of intent to rely upon an insanity defense at the time of trial. On October 7, 1997, the Government filed a motion pursuant to 18 U.S.C. §§ 4242(a) and 4247(b) to conduct a psychiatric evaluation at either the United States Medical Center for Federal Prisoners, Springfield, Missouri, or the Federal Correctional Center for Federal Prisoners, Butner, North Carolina. On October 9, 1997, we granted the Government's motion and Mr. Hammer was evaluated at the United States Medical Center for Federal Prisoners, Page 681 Springfield, Missouri. He arrived at that facility on October 23, 1997, and he was discharged to the custody of the United States Marshals Service for return to this jurisdiction on December 10, 1997. This case was placed on the May, 1998, trial list. Mr. Hammer was represented by David A. Ruhnke, Esquire, and Ronald C. Travis, Esquire, two highly experienced criminal defense attorneys. Jury selection commenced on May 5, 1998, with a pool of 250 potential jurors and lasted fourteen (14) days. During that period an additional 205 potential jurors were called. A jury of 12 jurors and 6 alternates was impaneled on June 2, 1998, and on the next day the Government commenced its case on the guilt phase. On June 11, 1998, the Government rested and the defense commenced its case. Mr. Hammer presented an insanity defense. Robert M. Sadoff, M.D., a forensic psychiatrist, testified for the defense that Mr. Hammer suffered from dissociative identity disorder, a form of mental illness which was previously known as multiple personality disorder. Dr. Sadoff further testified that Mr. Hammer has four alter personalities: (1) Jocko, a violent personality, (2) Tammy, a female personality, (3) Wilbur, a child personality and (4) Jasper, a chimpanzee. In sum, Dr. Sadoff testified that Jocko committed the killing of Mr. Marti and that Mr. Hammer was not legally responsible for the killing. On June 17, 1998, the defense rested and the Government commenced its rebuttal on the question of guilt by calling James K. Wolfson, M.D., a forensic psychiatrist employed at the Medical Center for Federal Prisoners, Springfield, Missouri. Dr. Wolfson's testimony was the opposite to that of Dr. Sadoff, i.e., that Mr. Hammer did not suffer from dissociative identity disorder and that he was responsible for his actions. The Government called the following 16 witnesses during its case in chief on the issue of guilt: on June 3rd--Timothy Devane, Stephen Jones, Thomas Abraham, Curtis Hufnagle, and Jack Luhrman; on June 4th--Muhammed Chaudhri, Dr. Saralee Funke, Ronald L. Jury, and Guy Fleck; on June 8th--Guy Fleck (continued), Thomas F. Callaghan, Leonard Yager, and Mark Traxler; on June 9th--Mark Traxler (continued), Jeannette Bunch, and Stephen Classen; on June 10th--Stephen Classen (continued) and FBI Special Agent Carlyle Thompson; on June 11th--Carlyle Thompson (continued) and FBI Special Agent Anthony S. Malocu. The Defense commenced its case on June 11, 1998 and concluded on June 17, 1998. The Defense called the following 13 witnesses during its case: on June 11th--James Boone and Billy Joe Webb; on June 12th--Mike Smith, George Yandle, Rev. Charles Story, and Gary McLaughlin; on June 15th--Paul Reed, Mark Oberg, Mark Jordan, and Jill Miller; on June 16th--Jill Miller (continued) and Dr. Robert Sadoff; on June 17th--Dr. Robert Sadoff (continued), Special Agent Malocu and Mark Traxler. The Government commenced its rebuttal case on June 17, 1998, by calling Dr. Wolfson and concluded the direct examination of Dr. Wolfson at 3:52 p.m. on June 18, 1998. The cross-examination of Dr. Wolfson commenced on Friday, June 19, 1998, and ran from 10:00 a.m. until 12:20 p.m. After lunch two witnesses, Nicole Tadross-Weaver and Chaplain Glenn Crook, were taken out of turn. At the conclusion of their testimony Dr. Wolfson resumed the witness stand and attorney Travis continued with cross-examination. At 3:04 p.m. an afternoon break was taken. Court resumed at 3:19 p.m. at which time counsel approached the bench and reported that attorney Travis was suffering from exhaustion Page 682 and requested that court adjourn for the day. Because attorney Ruhnke was not prepared to continue with the cross-examination of Dr. Wolfson, the jury was excused for the day and directed to report on the following Monday morning, June 22, 1998, at the regular time. On June 22, 1998, before the cross-examination of Dr. Wolfson was resumed, the court was notified that Mr. Hammer desired to plead guilty. Prior to entering into a guilty plea colloquy with Mr. Hammer, the court required that Mr. Hammer be evaluated to determine whether he was competent to plead guilty. That evaluation was conducted by Dr. Wolfson and John R. Mitchell, Psy.D...

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