Alves v. Matesanz

• Decision Date: 20 July 2000
• Docket Number: No. CIV. A. 97-11015-JLT.,CIV. A. 97-11015-JLT.
• Citation: 115 F.Supp.2d 45
• Parties: Rawlinson ALVES, Petitioner, v. James MATESANZ, Respondent.
• Court: U.S. District Court — District of Massachusetts

115 F.Supp.2d 45

Rawlinson ALVES, Petitioner, v. James MATESANZ, Respondent.

No. CIV. A. 97-11015-JLT.

United States District Court, D. Massachusetts.

July 20, 2000.

Rawlinson Alves, Bay State Correctional Center, Norfolk, MA, pro se.

Gregory I. Massing, L. Scott Harshbarger, Attorney General's Office, Catherine E. Sullivan, Assistant Attorney General, Criminal Bureau, Boston, MA, for respondent.

ORDER

TAURO, District Judge.

The court hereby orders as follows:

(1) The Report and Recommendation on Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (# 1) is hereby ADOPTED; and

(2) Petitioner's Writ of Habeas Corpus by a Person in State Custody is DENIED.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION ON PETITION UNDER § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (# 1)

COLLINGS, Chief United States Magistrate Judge.

I. Introduction

Presently before the Court is petitioner's request for a writ of habeas corpus. Petitioner Rawlinson Alves ("Alves") is serving a life sentence¹ after being convicted in Massachusetts state court of second degree murder. His conviction was affirmed by the Massachusetts Appeals Court, Commonwealth v. Alves, 35 Mass. App.Ct. 935, 937, 625 N.E.2d 559, 561 (1993); the Supreme Judicial Court denied further appellate review of the conviction.

Alves then filed this petition for a writ of habeas corpus,² asserting that his trial counsel provided ineffective assistance, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); thus, he contends he is being confined in violation of his right to counsel under the Sixth Amendment. More specifically, Alves contends his counsel rendered ineffective assistance by failing to object to an instruction given by the judge which allegedly imposed a mandatory presumption in the Commonwealth's favor on the element of intent, a crucial issue at trial. He argues that the instruction violated his Constitutional right (under the Due Process Clause) to be convicted only upon proof by the Commonwealth beyond a reasonable doubt of every element of the offense in question. See Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979); In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970).

For the reasons stated herein, I recommend that the request for a writ of habeas corpus be denied.

II. Statement of Facts

A. Background

Late in the evening of August 13, 1989, Alves inflicted a single stab wound upon Angela Ribeiro ("Angela"), his girlfriend of many years. Later that same evening, Angela died of her injury. Alves was charged and was convicted of second degree murder in her death. Alves has never disputed that he was the one who inflicted the fatal stab wound. His only contention at trial was that he did not act with the requisite malice to be guilty of second degree murder under Massachusetts law.

1. The Three Participants

Nearly six months before Angela's death, in February 1989, Alves had come to this country from his native Brazil. Tr., Vol. V at p. 41. He had been a law student in Brazil, but Angela had come to this country in January 1989, and he followed her here. Id. at 47. The two had dated for a number of years, and Alves testified that after Angela arrived here, they agreed that Alves should come here, too. Id. at 48-49. At some point after his arrival, the two began to share an apartment at 9 Proctor Street in Peabody. Id. at 52. Both obtained employment in the surrounding area and worked long hours at multiple jobs.³ Tr., Vol. V. at 57.

In June 1989, Angela's sister, Ana Ribeiro ("Ana"), came to this country from Brazil and moved into the apartment on Proctor Street with Alves and Angela. Id. at 54. Angela and Ana began sharing a bedroom in the apartment; Angela slept on a twin bed, and Ana slept on some blankets on the floor. At some point after Ana's arrival, Alves claims that tension developed between Alves and Ana. He felt that she was interfering in his relationship with Angela and that Ana had convinced Angela to leave him. Id. at 59-62. Ana denied there was any tension between her and Alves, though she did concede that she was opposed to her sister's relationship with Alves. Tr., Vol. IV at 40.

2. The Stabbing

On the evening of August 13, 1989, Angela and Ana returned to the apartment on Proctor Street at approximately 9:30 p.m., after having spent the evening with friends. Tr., Vol. V at 64. Alves was at the apartment when they arrived. Alves attempted to talk to Angela about recent difficulties they had had in their relationship, but Angela said she would not talk with him at that time. Tr., Vol. V at 65; Tr., Vol. III at p. 34. Angela walked into the bathroom, followed by Ana, then went to the bedroom, again followed by Ana. Tr., Vol. V at 65-67; Tr., Vol. III at 34-35. Alves attempted to speak to Angela through the locked bedroom door, but she continued to refuse to talk to him; he then went to the kitchen. Tr., Vol. V at 67-68.

Alves testified that at that point he was despondent over his relationship with Angela and with his perception that Ana had interfered in that relationship. He went to the kitchen and wrote a letter to his family in Brazil. He claims the letter was a suicide note. Id. at 68-69. It read as follows:⁴

Hi, my father, my mother and my brothers. I know that at this moment you are very shocked with me for being so weak, and never turned out to be the man that you, my father, hoped I would be. This is the only way I found to say goodbye to you, whom I have not seen personally for about six months because I lacked the courage to say goodbye by the telephone.

You know, Father, all this is for love. It is love. I love this woman, but she is making a clown, a fool, a black boy with me, and I do not accept this. And I could never accept because I am the son of a man of whom I have a lot of pride. I have a favor to ask from you, my father, regarding my coming to the USA. It cost me eight thousand dollars. And unfortunately, up to now, I only paid three thousand dollars. And honestly, I would like people to remember me, but never as a bad payer. I have not forgotten you, lady, my mother, because you are the most wonderful person that I know, the most beautiful, most caring mother. And everything else that a son could expect of a mother, and for all this, I love you, too.

You (Marlucia), my second mother, at this moment you are upset with me, it is not it. I would like to possess the strength that you do possess, because to me you are incredible. At this moment I have no words to express how important you have been to me. Sincerely forgive.

You Marlene, whose way of looking at life I do not agree with, but nevertheless, I cannot stop myself from admiring your strength and your courage to fight for what you want, and please, when Marimha grows up, do not let her learn about this weak uncle she had. (Ralson, Ramilson and Wilson) Do not disappoint my father like I did. Be aware that I love you, too and want you to find a woman that does not make you suffer, because this one is insupportable. Look, people, I have two weeks pay to receive at (Lane) which is worth about four hundred dollars. And I also have two weeks pay to receive (), which is four hundred and fifty dollars. Please take this money and deposit it into a savings account under the name of Ana ____ of (Marinha). Such money to be used toward the scholastic education of the two sweeties that I love so much. The only thing that I have left is to ask God for forgiveness and to wish you that your lives proceed in peace and with the protection of the Holy Lord. Goodbye.

Tr., Vol. V at 79-81.

After writing the letter, he called out for Angela, and she went to the kitchen and had a conversation with Alves. Tr., Vol. VI at p. 9. Alves' testimony regarding that conversation was as follows:

A: I asked her what was happening. I told her that if we would continue to live that way, that I'd prefer to die.

Q: And did she say anything to you?

A: She said not to do that because my mother loved me very much.

Q: And when you were talking to Angela, what was your condition?

* * * * * *

A: I was crying.

Q: And when Angela told you that you loved your mother too much, how did she say that?

A: She just said, don't do that because you love your mother too much, and then she returned to the room.

Tr., Vol. VI at 9-10.

Ana also testified that as Angela was returning to the bedroom, Ana heard Angela say to Alves, "[D]on't you have any love for your mother. Think of your mother." Tr., Vol. III at 41.

Angela returned to the bedroom and locked the door. Id. Alves testified that at that point he attempted to commit suicide with a kitchen knife.

Q: And after Angela went back to her room, what did you do?

A: I took the knife.

Q: Where did you take the knife from?

A: There's a place in the kitchen where we keep all the utensils.

Q: And what did you do?

A: I took a stone ... and then I sharpened the knife. I just passed it several times.

Q: What did you then do?

A: I was trying to — I tried to put the knife against the wall and I was trying to go forward on that knife.

Q: Were you successful at any point, or any attempt?

A: No. It hurt too much, so I put the knife on the floor.

Q: Did you cut yourself?

A: No, I did not.

Q: Did you scratch yourself with the knife?

A: No.

Q: How much time would you say you were in the kitchen alone trying to commit suicide?

A: Ten or fifteen minutes. I'm not sure.

Q: And how many times did you try to commit suicide?

A: Twice.

Q: And at some point did you stop trying to commit suicide?

A: Yes.

Q: And why did you stop?

A: I knew it was wrong. I had a family and we also were very religious.

Tr., Vol. VI at 10-11.

Alves testified that he then made further attempts to speak to Angela. He says he called to her twice, and after the second time Ana told him to go to bed. Id. at 12. He says he then began banging on the...