US v. Rivera-Martinez, Crim. No. 87-685 (JAF).
| Citation | 693 F. Supp. 1358 |
| Decision Date | 02 September 1988 |
| Docket Number | Crim. No. 87-685 (JAF). |
| Parties | UNITED STATES of America, Plaintiff, v. Hector RIVERA MARTINEZ, Defendant. |
| Court | U.S. District Court — District of Puerto Rico |
Everett M. de Jesús, Guillermo Gil, Trial Attys., U.S. Dept. of Justice, Charles E. Fitzwilliam, Executive Asst. U.S. Atty., San Juan, P.R., for plaintiff.
María Sandoval, San Juan, P.R., for defendant.
EXPANDED OPINION AND ORDER
Defendant Héctor Rivera-Martinez ("Rivera"), also known as "El Men", was indicted as to a continuing criminal enterprise involving narcotics trafficking, conspiracy to possess with intent to distribute cocaine and heroin, and aiding and abetting in distributions of heroin. 21 U.S.C. §§ 841(a)(1), 846, 848, 853, and 18 U.S.C. § 2. The indictment further alleged that as a result of such continuing criminal enterprise, Rivera obtained substantial profit and properties subject to forfeiture to the United States. During the third day of trial, on June 8, 1988,1 the court was informed that Rivera wanted to change his plea to guilty as to Counts I to IV, inclusive.2 Thereafter, the court held a change of plea hearing in accordance with Fed.R. Crim.P. 11. Seven weeks later and prior to sentencing, scheduled for August 25, 1988, Rivera filed a pro-se motion seeking to withdraw the guilty plea and to dismiss his legal counsel, attorney Carlos Noriega. See Docket Document No. 897. The court appointed attorney Maria Sandoval to represent the defendant for the purpose of his motion, and a hearing was held on August 18, 1988. Based on consideration of the record and the evidence presented at the hearing, and for the reasons set forth by the court at the conclusion of the hearing, Rivera's motion was denied. We now expand on the reasons behind our bench ruling. We will first discuss the motion to withdraw guilty plea, including the grounds raised by the motion itself and during the course of the plea withdrawal hearing held August 18, 1988. We will next set forth what transpired on the third day of trial, June 8, 1988, when the change of plea was accepted by the court. We will also review the August 18, 1988 plea withdrawal hearing, the legal standards applicable to defendant's request in light of the evidence received and, lastly, our conclusion that defendant is bound by his plea of guilty in this case.
In Rivera's motion, he alleges that his guilty plea was invalid due to ineffective assistance of counsel by attorney Noriega as follows: that at no time did Noriega sit down with Rivera to gather information to prepare a defense, that Noriega failed to obtain allegedly exculpatory evidence from Rivera's accountant as instructed by Rivera, that Noriega erroneously led Rivera to believe that a defense had been developed, and that, prior to trial, Noriega refused to resign as counsel upon Rivera's request.
Defendant's eventual testimony at the subsequent plea withdrawal hearing raised additional grounds for the motion. At the motion hearing on August 18, 1988, Rivera asserted that he had not understood the consequences of the change of plea, and that his plea was involuntary due to his mental state on the date of his guilty plea, June 8, 1988. Rivera claimed that he was under the influence of various prescription drugs, and that he only plead guilty because he was demoralized and overcome with anxiety and guilt as to the effect that a continuation of the trial would have on his family. In particular, Rivera testified as to an alleged telephone conversation during the trial lunch break on June 8, 1988, wherein his hospitalized mother, now a sentenced codefendant in the instant case, begged him to plead guilty and save himself and the family from further anguish. Defendant's testimony at the withdrawal hearing also arguably raised the issue that when he executed his guilty plea, he believed that such plea was made pursuant to previously discussed plea agreements which never materialized.
At the change of plea hearing held on June 8, 1988, we set forth the purposes of the Rule 11 hearing to defendant.3 Thereafter, the following colloquy occurred:
See Change of Plea of Héctor Rivera-Martínez, Docket Document No. 943 (), at pp. 4-6.
The court fully explained to Rivera the rights involved in a trial by jury and when defendant was asked if he wanted to waive those rights, he stated "I prefer it". COP at pp. 6-10. The indictment was thoroughly reviewed as to each count, legal terms and applicable statutes were defined, and the consequences and potential penalties were detailed. COP at pp. 10-44. Rivera interrupted the discussion on various occasions to ask questions and to make explanations to the court. See e.g., COP at p. 11, line 13; p. 14, lines 18-24; 23-24; p. 15, lines 18-25; p. 16, lines 1-3; p. 21, lines 4-5; p. 23, lines 7-8; p. 26, lines 22-23; p. 27, lines 24-25; pp. 33-34. The defendant repeatedly affirmed his understanding of each of the charges and penalties and admitted that he committed the offenses as described by the court. COP at pp. 10-44. The court then stated that the instant case involved a straight plea with no plea agreement. COP at p. 43. Defendant responded negatively to the questions of whether anyone had made any prophecy or promises regarding his sentence. COP at pp. 43-44. Upon completion of the Government's proffer of evidence, Rivera responded as follows: COP at p. 47.
Upon inquiry by the court on June 8, 1988, defense attorney Noriega stated that he had made over twenty visits to defendant to discuss the case at length and had put in more than two-hundred hours examining the evidence, which he was convinced was overwhelming. COP at pp. 48-49. The defendant agreed and reference was made to the fact that defendant had desired to plead guilty from the beginning, but that there had been disputes as to the plea conditions. COP at pp. 49-50. Defendant affirmed that all he had wanted was for his wife to be able to stay with his children and that they have a place to live. COP at pp. 49-50. The court then accepted Rivera's plea, after specifically finding that Rivera was voluntarily pleading with full understanding of what he was doing and of his rights and the potential punishments. COP at pp. 50-51. At all times the change of plea was governed by an understanding between court and defendant about the fact that if the plea was accepted, defendant would not be allowed to recant and withdraw his plea.
In the course of the plea withdrawal hearing, Rivera waived his attorney-client privilege with respect to Noriega. Attorney Noriega testified at length concerning his criminal law experience, his numerous pretrial meetings with Rivera and extensive case preparation, and the circumstances as to potential plea bargaining and Rivera's change of plea. Noriega specifically addressed and refuted each of defendant's allegations. In the course of discovery, Noriega determined that the accountant to whom Rivera had referred, was in fact a government witness and all of the accountant's records related to defendant had been seized by the government. Noriega confirmed that the government showed him accounting records and evidence related to Rivera's acquisition of the properties at issue, as well as evidence that Rivera's lottery prizes were not the result of chance winnings. Additionally, Noriega had listened to the complete set of tape recordings, and played tapes containing the most egregious evidence to defendant. The defendant was not misled by Noriega concerning the evidence or his defense. Rivera told his attorney that he wanted to plead guilty if the government would make certain concessions regarding his family and properties. The government refused to make such concessions and no plea agreement was ever...
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U.S. v. Pellerito, RIVERA-MARTINEZ
...hearings and denied each motion by written opinion. United States v. Pellerito, 701 F.Supp. 279 (D.P.R.1988); United States v. Rivera-Martinez, 693 F.Supp. 1358 (D.P.R.1988). The court also denied certain further motions filed by Rivera-Martinez. Defendants' ensuing appeals were consolidate......