López-Correa v. United States
| Citation | 537 F.Supp.3d 169 |
| Decision Date | 27 August 2020 |
| Docket Number | related Crim. No. 09-233 (GAG,CIVIL NO. 18-1930 (GAG) |
| Parties | Jennisse LÓPEZ-CORREA, Petitioner, v. UNITED STATES of America, Respondent. |
| Court | U.S. District Court — District of Puerto Rico |
Linda Backiel, Linda Backiel Law Office, San Juan, PR, for Petitioner.
Mariana E. Bauza, United States Attorneys Office, San Juan, PR, for Respondent.
It is a fundamental value of our democratic society that "it is far worse to convict an innocent [woman] than to let a guilty [woman] go free." In re Winship, 397 U.S. 358, 372, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970) (Harlan, J., concurring). Equally foundational is the federal judiciary's mandate that courts provide fair and impartial justice to all. In the present case, this paramount commitment requires addressing head-on how our judicial system failed a female victim of sexual abuse diagnosed with the Battered Women Syndrome (BWS).
Ms. Jennisse López-Correa ("Petitioner" or "Ms. López-Correa") pled guilty to aiding and abetting her captor and abuser, Mr. Joseph Acevedo-Maldonado, in the production of child pornography, in violation of 18 U.S.C. §§ 2251(a) and 2, an offense for which she lacked the requisite criminal intent. As post-conviction evidence overwhelmingly demonstrates, Mr. Acevedo-Maldonado exercised near total control over Ms. López-Correa's life, from the beginning of their relationship throughout the period during which the offenses befell and until her arrest. He beat her, sexually assaulted her and physically and emotionally threatened her. Ms. López-Correa did not fully understand the consequences, pleading guilty by way of a plea agreement, and her counsel, knowing of her history of violent abuse, facilitated an involuntary plea and failed to present a timely duress and BWS defense. If said defenses would have been opportunely raised and had Ms. López-Correa exercised her right to go to trial, the Court is convinced beyond cavil that no reasonable jury would have found her guilty. A jury, rather, would have seen Ms. López-Correa as a helpless victim, not as a sexual predator.
The Court already held that Ms. López-Correa's conditions for supervised release should be terminated, United States v. López-Correa, 164 F. Supp. 3d 266 (D.P.R. 2016), yet has not amended the judgment in order to retain jurisdiction and, thus, allow Petitioner to file the current petition to vacate, set aside or alter judgment under 28 U.S.C. § 2255. The Court sua sponte encouraged Ms. López-Correa, and even the Government (or "Respondent") itself, to consider filing this motion to avoid an egregious miscarriage of justice. For almost ten years, Ms. López-Correa has suffered at the expense of our system's failure to recognize and treat her as a victim, the Court included. Today, this agony must finally come to an end.
The Court now finds that Ms. López-Correa established both freestanding and gateway actual-innocence claims because her conviction, without the required mens rea , offends the Due Process Clause and her trial attorney provided ineffective legal assistance. The undersigned is cognizant that its holding is extraordinary and calls for an exceptional and ground-breaking solution. After carefully considering the submissions to the Court, specifically all post-conviction testimony and record evidence, the Court hereby GRANTS the petition under 28 U.S.C. § 2255 at Docket No. 40 and VACATES Ms. Jennisse López-Correa's criminal conviction in Crim. No. 09-233 (GAG) at Docket No. 71.
The Court's Opinion and Order relating to Ms. López-Correa's motion to reduce her thirty years of supervised release, López-Correa, 164 F. Supp. 3d at 266, delved into evidence submitted to the record post-sentencing and focused on how psychological treatment during this period revealed years of trauma and abuse. Nonetheless, the Court briefly addressed her personal story and the procedural background that led to said request. Presently, the Court will expound a more complete picture and focus its attention to the array of new evidence that came to light post-conviction. See Schlup v. Delo, 513 U.S. 298, 324, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995) ; Bousley v. United States, 523 U.S. 614, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998).
On July 9, 2009, a federal grand jury indicted Ms. López-Correa and Mr. Acevedo-Maldonado for aiding and abetting each other in the production of child pornography involving a fourteen-year old female, in violation of 18 U.S.C. §§ 2251(a) and 2. (Crim No. 09-233 (GAG), Docket No. 1). According to the Government's version of facts in the Plea Agreement, in February 2009, the U.S. Immigration and Customs Enforcement (ICE)’s Cyber Crimes Group received information from the Puerto Rico Police as to co-defendants’ arrest in relation to other minor victims in a Commonwealth criminal investigation. (Crim No. 09-233 (GAG), Docket No. 68 at 9). After a forensic examination of their computer hard-drive, video images of then fourteen-year old minor L.G. were found engaging in sexual intercourse and oral sex with Mr. Acevedo-Maldonado. Id. The video was recorded by Ms. López-Correa and Mr. Acevedo-Maldonado while using a web-camera in the latter's apartment. Id.
On July 16, 2009, at the arraignment hearing, Ms. López-Correa pled not guilty to the sole count brought against her. (Crim No. 09-233 (GAG), Docket No. 21).
1. Change of Plea Hearing
After the initial hearings, on August 21, 2009, then defense counsel Rosa Bonini-Laracuente ("Attorney Bonini-Laracuente"), informed the Court that Ms. López-Correa was being treated by psychiatrist Dr. Jorge R. Robles Irizarry and evaluated by clinical psychologist Dr. Carol Romey. (Crim No. 09-233 (GAG), Docket No. 31). According to the emergency motion, these medical professionals were considering Ms. López-Correa's mental competency because "her mental state of mind may be a defense" and "to ascertain her state of mind during the time of the relationship with co-defendant ... which impair[ed] her from personally helping in her defense." Id. For this reason, her defense attorney requested to administer and submit to the record a psychiatric evaluation by Dr. Romey. (Crim No. 09-233 (GAG), Docket No. 32). The Court granted said request. (Crim No. 09-233 (GAG), Docket No. 37). The need for Dr. Romey's evaluation was further stressed at a status conference held on October 29, 2009. (Crim No. 09-233 (GAG), Docket No. 42). On November 16, 2009, a second status conference was held, but there was no mention of the pending psychiatric evaluation. Instead, Ms. López-Correa's defense counsel informed that her client was interested in a plea deal. (Crim No. 09-233 (GAG), Docket No. 43). On December 17, 2009, while plea negotiations were underway, counsel notified the Court that Ms. López-Correa suffered a "mental health crisis" which resulted in her hospitalization. (Crim No. 09-233 (GAG), Docket No. 43). In evidence submitted post-conviction , the Court learned that Ms. López-Correa had attempted to commit suicide with a robe and remained hospitalized in San Juan Capestrano Hospital -a mental institution- until the end of December 2009. (Docket No. 34-2). (Crim No. 09-233 (GAG), Docket Nos. 124 at 14).
Without Dr. Romey's report having been finalized or submitted to the Court, the Government sent Ms. López-Correa a proposed plea agreement on January 14, 2010. (Crim No. 09-233 (GAG), Docket No. 59). This occurred only two weeks after being released as an in-patient at a psychiatric institution. The final agreement contemplated a guilty plea for the sole count in the indictment, with a mandatory minimum sentence of fifteen years, and precluded all requests other than the statutory minimum, except for a potential sentence reduction based on substantial assistance. (Crim No. 09-233 (GAG), Docket No. 68).
On January 22, 2010, Ms. López-Correa pleaded guilty to one count of aiding and abetting in the production of child pornography involving a female minor, pursuant to 18 U.S.C. §§ 2251(a) and 2. (Crim No. 09-233 (GAG), Docket Nos. 70, 71). During the colloquy, Ms. López-Correa admitted to being depressed as a result of the indictment and admitted to taking anti-depressants, such as Paxil
and Seroquel, but did not recall the name of all her medications. (Crim No. 09-233 (GAG), Docket No. 240 at 5). Although she answered "No" as to whether the medications somehow affected her ability to understand the procedure against her, the Court today acknowledges that it failed to ask follow-up questions as to medication dosage, e.g. when she had last taken them or whether they had any secondary effects. (Crim No. 09-233 (GAG), Docket No. 240 at 6).
Post-conviction evidence has revealed that Ms. López-Correa had been taking Zoloft
(100mg), Abilify (10mg), Restoril (30mg) and Ativan between the date counsel announced an interest in plea negotiations and finally agreeing to one. (Docket No. 34-2). These drugs are used to treat major depressive disorder, panic or anxiety disorder and post-traumatic stress disorder or insomnia. (Docket No. 40 at 31-32). In addition to Paxil and Seroquel, the day before her change of plea hearing, Petitioner had also been prescribed Clonazepam, which is used primarily to treat seizure disorders, as well as to handle anxiety and depression. (Docket Nos. 1-8; 40 at 12).
A critical moment arose during the colloquy when the Court asked Ms. López-Correa: Her defense counsel interrupted and stated: (Crim No. 09-233 (GAG), Docket No. 240 at 18) (emphasis added). The...
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