Bonilla v. Hoke
| Citation | 773 F. Supp. 616 |
| Decision Date | 05 September 1991 |
| Docket Number | No. 89 Civ. 3451 (TPG).,89 Civ. 3451 (TPG). |
| Parties | Edward BONILLA, Petitioner, v. Robert HOKE, Superintendent, Eastern Correctional Facility, Respondent. |
| Court | U.S. District Court — Southern District of New York |
Edwin Bonilla, pro se.
Allen H. Saperstein, Asst. Dist. Atty., Bronx, N.Y., for respondent.
This is a habeas corpus petition by a state prisoner. Respondent has answered the petition. The issue raised in the petition depends upon the record at the criminal trial of petitioner, together with legal arguments. No hearing is necessary.
The court rules that petitioner is not entitled to habeas corpus relief, and the petition is dismissed.
Petitioner Edward Bonilla was convicted on two counts of second degree murder and one count of first degree robbery after a jury trial in Supreme Court, Bronx County. On May 18, 1983 Bonilla was sentenced to concurrent terms of 22 years to life and 6-18 years.
Bonilla appealed to the Appellate Division, First Department, which affirmed the conviction without opinion on April 1, 1986. 119 A.D.2d 1013, 500 N.Y.S.2d 216. The New York Court of Appeals denied leave to appeal on June 10, 1986.
The issue raised on this habeas corpus petition was the principal issue raised on his appeal to the Appellate Division — whether petitioner's constitutional right of confrontation was denied because of the admission of post-arrest statements of his two co-defendants. See Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968).
The case arose out of the murder of a photographer named Mario Zamora during the night of July 21-22, 1981. Bonilla was tried along with two co-defendants, Luis Colon and Richard Gordon. Gordon and Colon had given statements to the police implicating all three defendants in the murder. Bonilla had given no statement to the police. However, the evidence proposed to be introduced by the People included testimony by Hereberto Rosario and Angel Rivera that Bonilla had admitted to them his role in the murder, describing the incident in considerable detail.
Prior to the trial, Bonilla, Gordon and Colon made motions for severance on the ground that the introduction of the various statements at a joint trial would violate the Bruton rule. Bonilla's motion is recorded at pp. 519-525 of the minutes of the pretrial hearing. The attorney for the People argued that Bruton did not apply because the confessions were interlocking. Bonilla's attorney accepted the proposition that there was an exception to the Bruton rule in the case of interlocking confessions (see Parker v. Randolph, 442 U.S. 62, 99 S.Ct. 2132, 60 L.Ed.2d 713 (1979)), but argued that as a matter of fact there was no interlocking here (p. 520). The court denied all the severence motions. As to Bonilla's motion, the court ruled that the statements of Gordon and Colon did not implicate Bonilla beyond the manner in which he implicated himself in his own statements to Rosario and Rivera (p. 537).
Hereberto ("Eddie") Rosario testified that at about 8:00 P.M. July 21, 1981 he heard Bonilla and Luis Colon discuss stealing some cameras from Zamora and saying that they were planning to kill him (TR 182-187).
Angel Rivera testified that at about 9:00 P.M. the same evening he and his girlfriend, Gladys Ayala (referred to elsewhere as Gladys Rivera), were sitting on a park bench. Bonilla came up to them, took Angel Rivera aside and asked him if he knew where Bonilla could find a gun, since Bonilla "wanted to rip some guy off with some cameras and equipment." Rivera answered in the negative (TR 117-118).
David Aquila testified that at about 10:00 P.M. that evening Bonilla asked him if he knew where Bonilla could get a pistol "so he could rip someone off." Bonilla told Aquila that it was "Mario a photographer." Aquila answered he did not know about getting a pistol (TR 278).
Angel Rivera further testified that he encountered Bonilla at about midnight. Bonilla was carrying a black shoulder bag and said: (TR 118-119). At this point Rivera's girlfriend Gladys got nervous and went home. Bonilla sat down with Rivera and told Rivera what had happened that night (TR 120-122). Bonilla said that he and his companions had gone to Mario's house. After some conversation Bonilla turned off the lights and Gordon hit Mario, knocking him to the ground. Bonilla had two knives. He gave one to Gordon. They stabbed Mario repeatedly. However, Mario was not dead. Bonilla found a "police fox pole," and stabbed Mario in the throat two or three times. Then they went to the bathtub and put the knives into a tub full of water. They tried to wipe the fingerprints off the weapons, and tried to clean up themselves. Bonilla told Rivera that while he and Gordon were stabbing Mario, Colon had panicked and gone off to the side.
Rivera further testified that he spoke to Bonilla two or three days later, and Bonilla repeated the story of his participation in the murder of Zamora (TR 125).
Rosario testified that he was at a party early one Sunday morning in July 1981. At the end of the party, at about 4:00 A.M., he had a conversation with Bonilla. Both had been drinking beer. Bonilla told Rosario what had happened with Mario Zamora, and that "they" had killed him (TR 193-197). Bonilla said that they went to Mario's house and that Bonilla had given a signal by turning off the lights. Then Gordon hit Zamora, and then they started stabbing Mario. Bonilla used one knife and Gordon used the other knife. Bonilla also stabbed Mario in the neck and groin with a "police bar." In addition to Bonilla, Colon and Gordon, someone named Elvin was present, but Elvin ran out (TR 193-197).
Zamora's body was discovered by two women who called the police. When the police arrived they found that Zamora had been the victim of multiple stab wounds. The bathtub was half filled with reddish tinted water which contained two knives and a "police fox lock."
Detective Donald Scheppert testified that Colon was arrested on July 29, 1981, and that Colon gave a statement to the police that day. Scheppert made a written record of that statement. Scheppert testified orally as to that statement and also read the written statement, which was received into evidence as People's Exhibit 16. The statement of Colon was that on the afternoon of July 21 Bonilla approached Colon and stated that he needed money. Later in the afternoon Bonilla approached Colon and asked if he wanted to do a robbery with him, stating that he intended to rob Mario and "to take him off the count," meaning kill him. Later that evening Bonilla, Colon, Gordon and Elvin Orsini went to Mario Zamora's apartment. After a short time Gordon threw Zamora to the ground. Orsini ran out. Colon saw Bonilla standing with a knife. Then they found property and left the apartment. Colon found Orsini. Bonilla, Colon, Gordon and Orsini went to an apartment in a housing project and divided the stolen property (TR 521-527, 531-538).
Bonilla's attorney objected to the written statement as not binding upon Bonilla (TR 529). The court overruled the objection, and instructed the jury that the evidence about Colon's statement could be considered only as to Colon, and could not be considered with respect to Bonilla or Gordon (TR 529-530).
Detective Scheppert testified that Gordon was arrested on August 4, 1981, and that Gordon gave the police a statement that day. Scheppert made a written record of that statement. Scheppert testified as to what Gordon told him and read the written statement, which was received as People's Exhibit 17. The statement of Gordon was that about two weeks earlier he was approached by Bonilla and Colon. Bonilla asked Gordon about obtaining a gun. Gordon said that he could not help. Later that evening Bonilla saw Gordon again and asked for help in getting a gun. Gordon again gave a negative response. Bonilla asked if Gordon wanted to do a robbery with him, which Gordon agreed to. Bonilla said he would meet Gordon in a half hour. Subsequently, Gordon met Bonilla, Colon and Orsini and they went to Mario's apartment. Gordon threw Mario to the ground. Orsini held Mario. Bonilla knocked over the light and it got dark. Bonilla said to kill Mario, and Gordon said that he didn't have anything to do it with. Bonilla left the room, came back and gave Gordon a knife. Gordon stabbed Zamora twice in the side. At this time Orsini left. Bonilla brought another knife into the room and asked Colon to kill Zamora. Colon left the room. Zamora was still alive and protesting. Bonilla started stabbing Zamora, but Zamora still did not die. Bonilla left the room, came back with a bar, and stabbed Zamora three times in the throat. Zamora stopped breathing. They assembled some property. Gordon then brought the knives and the bar into the bathroom and put them into the tub. Gordon cleaned up his person, and he and Bonilla left the apartment. They then met Colon outside and found Orsini later. The four went to an apartment and divided the property (TR 560-566, 570-576).
The court instructed the jury that the evidence about Gordon's statement could be considered only as to Gordon, and could not be considered with respect to Bonilla or Colon (TR 577).
In the defense case, Orsini was called by Bonilla's attorney. He admitted going to Zamora's apartment with Bonilla and Colon (TR 890). Gordon was also there (TR 892). At some point the lights went off. A figure "just toppled down" in the dark, and then "somebody was on him." Orsini could not see who it was. Orsini ran out and Bonilla ran out right behind him (TR 893-894). Orsini did not see Bonilla with a knife in his hand or with a police lock bar in his hand, nor did he see Bonilla strike or punch Zamora (TR 894-895). In fact, Orsini did not see anyone strike Zamora (TR 910-911). When...
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