McGuirk v. Fair
| Citation | 622 F.2d 597 |
| Decision Date | 19 June 1980 |
| Docket Number | No. 79-1653,79-1653 |
| Parties | Roy E. McGUIRK, Petitioner, Appellant, v. Michael FAIR et al., Respondents, Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (1st Circuit) |
Stephen Hrones, Boston, Mass., for petitioner, appellant.
Barbara A. H. Smith, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Stephen R. Delinsky, Asst. Atty. Gen., Chief, Criminal Bureau and Robert V. Greco, Asst. Atty. Gen., Criminal Bureau, Boston, Mass., were on brief, for respondents, appellees.
Before COFFIN, Chief Judge, BOWNES, Circuit Judge, LOUGHLIN, * District Judge.
The issue in this habeas corpus appeal is whether the defendant voluntarily pled guilty to an indictment charging second degree murder. The defendant was indicted by the Grand Jury for the County of Middlesex in the Commonwealth of Massachusetts for murder in the first degree. On July 14, 1975 defendant pled guilty to murder in the second degree and was sentenced to a life term at the Massachusetts Correctional Institution at Walpole. Approximately a year later on July 16, 1976 the defendant filed a motion for a new trial requesting that he be allowed to withdraw his plea of guilty. The basis for his motion is that he was not informed relative to the distinction between murder in the first and second degree or as to the elements of second degree murder.
On June 29, 1974, the defendant returned to his home about 6 o'clock in the morning. He had been drinking and had consumed some drugs. In his apartment he found a young woman whom the defendant had allowed to live there in the past. With the young woman was the victim, Nicholas Zoffreo. The remaining undisputed facts are set forth in the opinion of the Massachusetts Supreme Judicial Court, 380 N.E.2d 662, 664-665 (1978):
The defendant explained his anger at finding his apartment being used in his absence and stated that an argument had ensued. The defendant then said: The defendant admitted striking the first blow and also stated that he was sorry for what had happened for he was "not a person that goes around killing people like that." The detective who had investigated the homicide testified at the plea hearing. He related statements from an eyewitness that the defendant had thrown a fit of temper and had beat, kicked, and strangled the victim with a rope or wire and suffocated him with pillows and blankets. The detective said that the defendant had made an admission to the person who had helped him dispose of the body in the Charles River that he had received rope burns as a result of the pressure used in garrotting the victim. After informing the defendant of the constitutional rights being waived by him and the maximum penalty for murder in the second degree and inquiring into the voluntariness of the plea, the judge accepted the guilty plea.
A petition for writ of certiorari was denied by the United States Supreme Court. A petition for writ of habeas corpus, filed in the Federal District Court for the District of Massachusetts, was denied.
Defendant at the time of his arraignment on October 23, 1974 was represented by appointed counsel, presently a member of the judiciary, who continued to represent him through his guilty plea.
Trial counsel and the prosecutor had discussions about a change of plea from first degree murder to a plea to murder in the second degree and a plea to manslaughter. These discussions took place from May 12, 1975 up to the date of the plea. Counsel advised the defendant against a plea to second degree murder. Defendant decided to plead to second degree murder telling his counsel:
Conferences between defense counsel and the defendant went on over a period of two months about the evidence the Commonwealth had and possible...
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