Campbell v. Greene
| Citation | 440 F.Supp.2d 125 |
| Decision Date | 19 July 2006 |
| Docket Number | No. 9:02-CV-0705 (NPM).,9:02-CV-0705 (NPM). |
| Parties | Alan CAMPBELL, Petitioner, v. Gary GREENE, Superintendent, Marcy Corr. Facility, Respondent. |
| Court | U.S. District Court — Northern District of New York |
Alan Campbell, Romulus, NY, Petitioner, pro se.
Eliot Spitzer, Attorney General of the State of New York, Senta B. Siuda, Esq., Assistant Attorney General, of counsel, Syracuse, NY, for the Respondent.
According to the testimony adduced at trial, in March, 1998 Stephen Brozost was a senior caseworker employed by the Adult Protective Services Division of the Broome County Department of Social Services ("Broome County DSS"). See Transcript of Trial of Alan Campbell (5/4/99) ("Trial Tr.") at 181-83. On March 18, 1998, after numerous unsuccessful attempts by Brozost to contact one of his clients, petitioner, pro se Alan Campbell, Brozost drove to Campbell's home on Amsbry Street in Binghamton, New York. Trial Tr. at 183-84. Upon arriving at Campbell's residence, Brozost noticed that the back door to the home was ajar. Trial Tr. at 184. He then called out to Campbell on several occasions in the darkened home to no avail. Trial Tr. at 185. Although Brozost suspected that Campbell was in the residence, Brozost left the home and contacted the Binghamton police department when he heard what he believed to be rustling noises coming from within the residence. Trial Tr. at 185.
Richard Edwards, a patrolman with the police department, was dispatched to Campbell's Amsbry Street residence to assist in the developing situation at the home. Trial Tr. at 206. Upon arriving at Campbell's residence, Officer Edwards called out to Campbell that Officer Edwards was "with a case worker" and that the two were there to help Campbell. Trial Tr. at 207-08. As Officer Edwards was knocking on the rear door of the residence to gain entry, the door popped open and he, Brozost and Officer James Mooney of the Binghamton police department entered the dimly-lit home. Trial Tr. at 208-10. Soon after entering the residence, Officer Edwards noticed that Campbell was holding a dark, long-barreled revolver. Trial Tr. at 211. Brozost was then directed to leave the residence, Trial Tr. at 212, and the officers began a "back and forth" conversation with Campbell that lasted over one hour. Trial Tr. at 213. During that time, Officers Edwards and Mooney — both of whom were in police uniform — assured Campbell that they were police officers, Trial Tr. at 213, 240, however Campbell accused the men of attempting to burglarize his residence. Trial Tr. at 213.
After several hours during which Officer Edwards, Officer Mooney and other law enforcement agents attempted to persuade Campbell to leave his residence, he fired a shot which hit the ballistics shield of Police Officer James A. Grier. Trial Tr. at 286-89, 310. Soon thereafter, Campbell fired another shot in the direction of the police. Trial Tr. at 307. To end the increasingly dangerous situation that was unfolding at the scene, law enforcement agents injected tear gas into Campbell's home to force him to leave the residence. Trial Tr. at 290. Campbell soon left his home and was placed under arrest. Trial Tr. at 290-91.
On April 8, 1998, a Broome County grand jury returned an indictment against Campbell. See Indictment No. 98-229 ("Indictment"). In that accusatory instrument, Campbell was charged with, inter alia: i) attempted murder in the first degree, in violation of N.Y. Penal L. §§ 110.00 and 125.27; attempted first degree assault, in violation of N.Y. Penal L. §§ 110.00 and 120.10; and iii) reckless endangerment in the first degree, in violation of N.Y. Penal L. § 120.25. See Indictment, Counts One through Three.1
By Order filed on May 18, 1998, Broome County Court Judge Martin E. Smith directed Campbell to undergo a psychiatric examination pursuant to New York's Criminal Procedure Law ("CPL") § 730. See Stipulated Record on Appeal ("Stipulated Record") at R7-10. Campbell was thereafter examined by two psychiatrists who prepared reports for the county court which addressed the issue of Campbell's fitness to proceed to trial. After reviewing those reports, Judge Smith committed Campbell to the custody of the New York State Office of Mental Health. See People v. Campbell, No. 98-229 (Broome Cty. Ct. June 15, 1998).
The following year, Judge Smith ordered Campbell to undergo another mental health examination, see Stipulated Record at R56-58, and after the court's review of the reports prepared following that examination, Judge Smith directed that a competency hearing be held relating to Campbell's fitness to stand trial. On May 3, 1999, Judge Smith presided over that hearing. At the conclusion of that proceeding, Judge Smith determined that Campbell was fit to proceed to trial. See Transcript of Competency Hearing in People v. Campbell, No. 98-229 (5/3/99) ("May, 1999 Competency Hearing") at 79.
Beginning on May 4, 1999, Campbell was tried in Broome County Court before a jury on the charges brought against him in the Indictment with Judge Smith presiding. After making several requests during the course of its deliberations, see Trial Tr. at 564-587, the jury advised the trial court that it had reached a verdict in the case. Trial Tr. at 587. In its verdict, the jury acquitted Campbell of the attempted murder charge but convicted him of the remaining counts in the Indictment that were submitted to the jury. Trial Tr. at 590-91.
On July 26, 1999, Judge Smith sentenced Campbell to a term of seven and one-half to fifteen years imprisonment on the first degree attempted assault conviction, and a lesser, concurrent sentence on the remaining conviction. See Transcript of Sentencing of Alan Campbell (7/26/99) at 11-12.
Campbell appealed his convictions and sentences to the New York State Supreme Court, Appellate Division, Third Department. In support of that appeal, in addition to counsel's appellate brief, Campbell filed a pro se appellate brief with the Appellate Division in which Campbell asserted numerous points in support of his appeal. See Pro Se Appellate Brief (7/30/00) ("Pro Se Appellate Brief") at 1-54. Campbell's appeal was opposed by the Broome County District Attorney, and on January 18, 2001, the Third Department unanimously affirmed Campbell's convictions and sentences. People v. Campbell, 279 A.D.2d 797, 718 N.Y.S.2d 744 (3d Dept. 2001). New York's Court of Appeals subsequently denied Campbell leave to appeal in its order dated May 16, 2001. See People v. Campbell, 96 N.Y.2d 826, 729 N.Y.S.2d 446, 754 N.E.2d 206 (2001).
Campbell commenced this proceeding, pro se, on May 24, 2002. See Petition. After filing several motions seeking various forms of relief that were addressed by this Court, on September 2, 2003, Campbell filed a motion to file an amended petition in this action. Dkt. No. 26. The Office of the Attorney General for the State of New York, who had filed an appearance in this matter on respondent's behalf, took no position with respect to Campbell's application, Dkt. No. 29, and by order filed October 9, 2003, then-Magistrate Judge Gary L. Sharpe granted Campbell's motion to amend. See Dkt. No. 31. Petitioner filed that amended pleading on November 21, 2003. See Dkt. No. 33 ("Am. Pet.").
In his amended petition, Campbell asserts numerous grounds in support of his request for federal habeas intervention. Specifically, Campbell argues in his amended pleading that: i) the prosecution failed to prove all elements of the charges brought against him; ii) his conviction was the product of both an illegal arrest and seizure; iii) he was improperly questioned by law enforcement agents in violation of his Miranda rights;2 iv) he was wrongfully denied the opportunity to testify before the grand jury that indicted him; v) perjurious testimony was presented to the grand jury; vi) he was denied his constitutional right to a speedy trial; vii) he was improperly forced to wear prison attire during the course of his criminal trial; viii) certain prosecution witnesses committed perjury during tile course of the trial; ix) Campbell received the ineffective assistance of trial counsel; x) the prosecutor engaged in misconduct during the course of the criminal proceedings below; xi) the county court committed various errors that necessitate overturning Campbell's conviction; xii) the testimony of the police officers regarding what transpired March 18, 1998 was not credible; xiii) the jury's verdict was inconsistent; xiv) Campbell received the ineffective assistance of appellate counsel; and xv) Campbell was wrongfully denied the opportunity to orally present his appellate arguments to the Third Department. See Am. Pet. at 9-27. In opposing Campbell's amended petition, the Attorney General argues that none of petitioner's habeas claims have merit. See Dkt. Nos. 15 ( ), 35.
In Rodriguez v. Miller, 439 F.3d 68 (2d Cir.2006), the Second Circuit recently observed that under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"):
a federal court may award habeas corpus relief with respect to a claim adjudicated on the merits in state court only if the adjudication resulted in an outcome that: (1) was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States"; or (2) was "based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding."
Rodriguez, 439 F.3d at 73 ( quoting 28 U.S.C. § 2254(d)); see also DeBerry v. Portuondo, 403 F.3d 57, 66 (2d Cir.2005); Miranda v. Bennett, 322 F.3d 171, 177-78...
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