Campiti v. Matesanz

• Decision Date: 28 February 2002
• Docket Number: No. CIV.A. 97-30263-MAP.,CIV.A. 97-30263-MAP.
• Parties: Francesco CAMPITI, Petitioner, v. James MATESANZ, Respondent.
• Court: U.S. District Court — District of Massachusetts

186 F.Supp.2d 29

Francesco CAMPITI, Petitioner, v. James MATESANZ, Respondent.

No. CIV.A. 97-30263-MAP.

United States District Court, D. Massachusetts.

February 28, 2002.

As Modified March 11, 2002.

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Vincent A. Bongiorni, Springfield, MA, for Petitioner.

Cathryn A. Neaves, Attorney General's Office, Boston, MA, for Respondent.

MEMORANDUM REGARDING PETITIONER'S REQUEST FOR A WRIT OF HABEAS CORPUS

(Docket No. 1)

PONSOR, District Judge.

I. INTRODUCTION

Habeas corpus petitioner Francesco Campiti ("Campiti") argues that he has been wrongly imprisoned following convictions on five counts of trafficking in cocaine in excess of 200 grams. Campiti's arguments can be broken into five categories: (1) appellate delay; (2) ineffective assistance of counsel; (3) prosecutorial misconduct; (4) improper amendments to the indictment; and (5) insufficiency of the evidence.

As will be seen, each of these claims must be rejected. First, the delay in the appellate process, while shocking, did not prejudice Campiti. Second, Campiti's counsel was not constitutionally ineffective. Third, although the prosecution had a duty to disclose the secret corruption of one of its police officers, its failure to fulfill that duty did not prejudice Campiti. Fourth, the amendments to the indictment gave sufficient notice to Campiti of the charges against him. Finally, there was sufficient evidence for the jury to convict Campiti on all five counts.

II. PROCEDURAL AND FACTUAL BACKGROUND

The story giving rise to this petition is long and detailed, spanning nearly fifteen years.¹ In 1986, the district attorney's office in Hampden County, Massachusetts convened a grand jury to investigate loan sharking activity conducted by Frank Pugliano ("Pugliano") and Campiti. Commonwealth v. Campiti, 41 Mass.App.Ct. 43, 52, 668 N.E.2d 1308 (1996). Pugliano and Campiti were believed to be high ranking members of the "Pugliano-Campiti" organized crime family. (Docket 12, Exhibit 2 at 5). The grand jury's focus, however, soon shifted to Campiti's drug trading activity. 41 Mass.App.Ct. at 52, 668 N.E.2d 1308. Surveillance conducted during the loan-sharking investigation, id. at 53, 668 N.E.2d 1308, soon revealed Campiti to be one of the leaders of a sizeable drug importing and distribution business operating in the Springfield-Hartford area. Id. at 44, 668 N.E.2d 1308.

In October and November of 1986, the Commonwealth began conducting additional surveillance to uncover the suspected drug activity, including audio surveillance of Campiti's home and car. Id. at 53, 668 N.E.2d 1308. On November 17, 1986, the Commonwealth executed three search warrants: at Campiti's home in Agawam, at a "stash house" on Williams Street in Springfield, and at co-defendant Gary Westerman's ("Westerman's") house in Westfield. Id.

Soon after the execution of the search warrants, Campiti fled to Florida. Id. He altered his facial features, took an assumed name, and lived with his wife in Dania, Florida for a year and a half. Id. A fugitive warrant was issued for him. Id. at 54, 668 N.E.2d 1308.

Meanwhile, a Massachusetts grand jury issued an indictment against Campiti and seventeen other defendants in January, 1987. Id. at 48, 668 N.E.2d 1308. Campiti was charged with nine counts of trafficking in cocaine. By the time of trial, only five counts remained.

While Campiti was still a fugitive in Florida, proceedings began against the seventeen co-defendants. Id. A major source of the evidence against all eighteen defendants was the electronic surveillance conducted at several of the defendants' homes, and in Campiti's car. Id. at 53-54, 668 N.E.2d 1308. All of the defendants sought to have this evidence excluded at trial and joined in a single motion to suppress. Id. at 54, 668 N.E.2d 1308. Two lead counsel were selected to represent all the defendants for purposes of the suppression motion.² Id. A hearing was conducted on the motion to suppress from March 7 to March 10, 1988. Id. On July 21, 1998, the judge issued an extensive written decision denying the motion. Id.

On May 6, 1988, about two months after the suppression hearing, and about two months before the written suppression decision was issued, Campiti was arrested and returned to the Commonwealth. Id. As the case against Campiti proceeded towards trial, the Commonwealth tried Westerman separately. He was convicted on September 30, 1988. Westerman's trial and appeal are discussed at 414 Mass. 688, 611 N.E.2d 215 (1993).³

Campiti was arraigned on May 6, 1988, represented by Michael Foy ("Foy"). Commonwealth v. Westerman, 41 Mass. App.Ct. at 54, 668 N.E.2d 1308. Six months later, Foy moved to withdraw. Id. On November 9, 1988, Richard J. Rubin ("Rubin") was appointed as trial counsel with a trial scheduled for January 9, 1989. Id. On December 23, 1988, Rubin filed a motion to continue the January trial; the motion was denied, with an indication that there would be no further continuances. Id. On January 3, 1989, Rubin moved to withdraw, asserting that he was not prepared for trial. Id. The trial court denied the motion, but postponed the trial date to February 22, 1989. Id. at 54-55, 668 N.E.2d 1308.

In the end, Rubin had approximately three and one-half months to prepare for trial. Id. at 55, 668 N.E.2d 1308. On the opening day of trial, Rubin presented two motions. Id. First, he filed the same motion to suppress the electronic evidence that had previously been filed by the defendants jointly. Id. Since Rubin had nothing new to offer, the trial judge was prepared to rule immediately. Id. Rubin's second motion sought leave to have Campiti treated as if he had been a party to the joint motion to suppress for purposes of appeal. Id. This motion was allowed, and the motion to suppress was denied. Id. The trial commenced.

On the second day of trial, the Commonwealth moved to amend the indictment. As noted, the grand jury originally indicted Campiti with nine counts of trafficking in cocaine, which were reduced to five by the time of trial. The first three counts specified dates: November 1, 1986; November 4, 1986; and November 8, 1986. The last two charged Campiti with trafficking in cocaine "on or before November 17th, 1986."⁴ (Docket 85, Exhibit A). The motion to amend sought to replace the date of the first three indictments with "on or before November 17th, 1986." Id., Exhibit E.

Rubin objected on the ground that "being less specific" made the Commonwealth's "burden a little bit less in proving the specific time." Id., Exhibit F at 4. The Commonwealth responded by noting that "the date is not an element of the crime," and also pointed out that it had responded fully to the Bills of Particulars filed by Campiti some months earlier, outlining the expected testimony of Campiti's two cooperating co-defendants. Id. at 5. The trial judge allowed the motion to amend. Id. at 9.

At trial, Campiti faced evidence from several sources. Arguably, the most damaging evidence stemmed from the testimony of his co-conspirators and distributors. Joseph Rego ("Rego"), agreed to testify so that the Commonwealth would not bring charges against his wife. 41 Mass.App.Ct. at 70, 668 N.E.2d 1308. He told the jury about three trips to Florida during which Campiti bought large amounts of cocaine. Id. at 43, 45, 668 N.E.2d 1308. Rego testified that in June, 1986, he traveled with Campiti to Fort Lauderdale where Campiti purchased a kilogram of cocaine, which he turned over to Westerman for redistribution. Id. Westerman returned with the proceeds, and Campiti used these to purchase two additional kilograms of cocaine, which Westerman, Rego, and Campiti brought back on an airplane to Massachusetts. Id.

Rego also testified that in September, 1986, he flew again with Campiti to Fort Lauderdale, and witnessed Campiti again purchasing a kilogram of cocaine. Id. Rego helped smuggle the kilogram back to Massachusetts, and helped Campiti divide the kilogram into packets for sale. Id.

Rego testified as well that in October, 1986, he met Campiti in Fort Lauderdale. Id. at 45-46, 668 N.E.2d 1308. There, they purchased a kilogram of cocaine together. Id. at 46, 668 N.E.2d 1308. Rego drove that kilogram back to Massachusetts, and handed it over to Campiti in a parking lot near Agawam. Id.

Another co-conspirator, Joseph Labriola ("Labriola"), offered to testify against Campiti in order (as he admitted) to get out of prison. Id. at 70, 668 N.E.2d 1308. Labriola told the jury about three incriminating encounters with Campiti. Id. In the first encounter, he traveled to Florida with Campiti where Campiti purchased two kilograms of cocaine. Id. In the second encounter, Campiti had Labriola come to Springfield to help Campiti cut a kilogram of cocaine into saleable quantities. Id. Finally, Labriola testified that another co-conspirator, Sonny Pepe, smuggled a kilogram of cocaine out of one of Campiti's stash houses on the day the police executed a search warrant at that location. Id.

Campiti also faced damaging evidence from his own mouth. For example, in one tape recording of Campiti speaking to Rego in Campiti's car, Campiti told Rego that he had given out "nine" the previous day, which the prosecution suggested referred to nine ounces of cocaine. Id. at 47 n. 4, 668 N.E.2d 1308. In another recording, Campiti cautioned an associate who was about to get too explicit to "talk in riddles." Id. at 62, 668 N.E.2d 1308. The Appeals Court found as a matter of fact that "a frequent modus operandi of Campiti was to talk briefly to operatives and suppliers in a coded language, arrange to meet, usually within the hour, at a roadside location, then go for a short ride together in Campiti's rented (and frequently changed) car, during which time, it could reasonably be inferred, business was discussed." 41 Mass.App.Ct. at 62, 668 N.E.2d 1308.⁵ The Appeals Court opinion excerpted one taped...