Donohue v. Lempke
| Decision Date | 13 July 2012 |
| Docket Number | 09-CV-3890 (SJF) |
| Parties | BRENDAN DONOHUE, Petitioner, v. JOHN P. LEMPKE, Respondent. |
| Court | U.S. District Court — Eastern District of New York |
Incarcerated petitioner Brendan M. Donohue ("Donohue" or "petitioner") has filed the instant petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons that follow, Donohue's petition is DENIED.
In the early morning hours of October 7, 2003, an individual named Francis Bambara ("Bambara") was badly burned in a car fire in Lindenhurst, New York. At the time of the fire, the car was parked near a bar named Brian's Place, where both petitioner and Bambara had been the night before. T667-68. As a result of the fire, Bambara suffered severe injuries to his legs and the back of his head, T86,1 and more than two-thirds of his body was covered with second orthird degree burns. T471-72. On October 14, 2003, Bambara died from complications related to his injuries. T1430-31.
Later that day, petitioner was arrested in connection with the fire and Bambara's death. T792-93. While being placed under arrest, petitioner stated to a police officer: "Yeah, I knew you guys were looking for me." T793. He was subsequently indicted on one (1) count of arson in the first degree, in violation of Penal Law § 150.20, and one (1) count of murder in the second degree, in violation of Penal Law § 125.25.
On January 12, 2005, a jury trial commenced in County Court, Suffolk County, before Judge Gary J. Weber. T1.
The prosecutor, Assistant District Attorney Peter Timmons, asked the following questions during voir dire, over objection of defense counsel, Henry O'Brien:
Ozgur Erden ("Erden"), an attendant at a BP gas station located at Wellwood Avenue and Montauk Highway in Lindenhurst, testified on behalf of the People. According to Erden's testimony, petitioner entered the station in the early morning hours of October 7, 2003, paid Erden one (1) dollar, and pumped eighty-nine (89) cents' worth of gas into a metal container that resembled a vase. T381-83. Petitioner then walked in the direction of Brian's Place. T383.
Shortly thereafter, Erden heard a "poof sound, as if a flame had ignited. T384-85. Erden stepped outside, where he saw a car in flames and a man without pants on. T387-88. The man was yelling and appeared to be in pain. T391. Erden also saw petitioner walking toward the gas station from the direction of the fire, with what appeared to be blood near his eyebrow. T394-96. Erden testified that he had not observed blood near petitioner's eyebrow when petitioner had entered the gas station earlier. Id.
The People introduced a surveillance videotape showing petitioner pumping gasoline into a container, T405-409, an empty container found nearby containing gasoline residue, T912-16, and an unburned book of matches found outside the vehicle. T906.
Several Suffolk County police officers, firefighters, and medical personnel also testified at trial. Suffolk County Police Officer Jiian Chapoteau ("Officer Chapoteau" or "Chapoteau")testified that he was dispatched to the car fire and informed that an individual was inside the car. T80. Officer Chapoteau arrived at the scene and saw a car engulfed in flames. T82. After "quickly sp[eaking] to the gas station attendant," T83, Officer Chapoteau heard people screaming, "We found one." T84.
Officer Chapoteau walked over to the car and discovered Bambara standing there, badly burned. T85-86. Believing that Bambara "wanted to talk," Chapoteau asked him what his name was and what had happened. T88-89. Bambara responded: "Brendan burned me." T141. He also stated: T96. According to Chapoteau's testimony, "[Bambara] was very concerned about getting out the story of what happened to him." T199.
Paul Mazza ("Mazza"), a member of the Lindenhurst Fire Department, testified that he arrived at the scene of the fire and saw Bambara, who mumbled: T256. Bambara asked Mazza "for something to be done for the pain." Id. Dennis Heinlein, another member of the Lindenhurst Fire Department, testified that he asked Bambara what happened, to which he responded: T230.
Emergency Medical Technician Jean Szabo ("Szabo"), who treated Bambara's injuries shortly after he was discovered, also asked what happened. Bambara responded that he had been sleeping, and that he woke up feeling something wet on him. T295. Szabo testified that Bambara "[said] it was a friend [who lit the fire]" and that "there was an argument." T295-98.
Doctor Scott Johnson treated Bambara at Stony Brook University Hospital. DoctorJohnson testified that he asked Bambara what happened in order to obtain "a focused history" which would enable him "to adequately treat the patient. T467-69. Bambara told him "that someone threw gasoline on him while he was sleeping in a van, and lit him on fire." T469.
At trial, all of Bambara's statements implicating petitioner in the fire were admitted over the defense's objection. T224-25, T260, T294, T468.
Detective Michael Ruddick, an arson investigator for the Suffolk County Police Department, testified that petitioner's injuries, including singed eyelashes, were consistent with injuries he would have received by standing near the fire when it ignited. T1008. He testified that a match could have been used to light the fire, T909, and opined that gasoline was used as an accelerant. T946. In Detective Ruddick's opinion, the fire started in the rear seat area of the car's passenger compartment. T945. Detective Ruddick also testified that Bambara's injuries were consistent with him lying on the back seat of the vehicle, facing the rear of the car. T1122. Detective Ruddick ruled out all accidental causes of the fire. T946-47.
Detective Sergeant Edward Fitzgerald, another arson investigator who examined the scene, testified as an expert and expressed opinions consistent with those of Detective Ruddick. T1264, T1272. His investigation "eliminated all accidental causes, including those that may have been the result of the victim's actions." T1293.
The defense contended that Bambara had started the fire himself. It introduced evidence of Bambara's blood alcohol content, which was .12 at the time it was taken at the hospital, T1619, as well as psychiatric records indicating that he had previously contemplated suicide and "exhibited a major depressive disorder." T1570.
The defense's arson expert opined that the fire could have been started by a smoldering cigarette. T1841. He further testified that, given the victim's size and confined space in the back seat of the car, he could not "see any way, as a layman, that [Bambara] could remain sleeping in that position." T1849.
The People called two (2) witnesses to rebut the defense's characterization of Bambara's mental state. Doctor Murty Ayyala, a psychiatrist at a Veterans Administration Hospital, had treated Bambara, T1934, and Doctor Angela Hegarty testified as an expert in forensic psychiatry, T1991. Both testified that they believed that Bambara had been suffering from alcohol dependence and an alcohol-induced mood disorder, but not from any other psychiatric problem. T1936, T1947, T2000-10. Dr. Hegarty opined that. 12 blood alcohol content was not unusually high for a chronic alcoholic, and that Bambara was unlikely to have committed suicide by self-immolation. T2015,2022.
During deliberation, the jury requested a readback of Detective Ruddick's testimony. The court told the jury that T2438. Thereafter, the jury did not request Ruddick's testimony. T2438-2454.
Petitioner was convicted of both charges in the indictment. T2454-55. On March 7, 2005 he was sentenced to two (2) concurrent periods of incarceration of twenty-five (25) years to life. S21.
Petitioner appealed to the Appellate Division, Second Department. In his appeal, petitioner raised the following arguments: (1) that he was denied his Sixth Amendment right to confrontation when the trial court admitted Bambara's statements, through the testimony of other witnesses; (2) that experts called as prosecution witnesses gave improper opinion testimony, and that he was denied his right to effective assistance of counsel when trial counsel failed to preserve this issue for appellate review; (3) that the evidence against him was insufficient and the verdict was against the weight of the evidence; (4) that comments made by the prosecutor during voir dire denied him the right to an impartial jury and a fair trial; and (5) that the sentence imposed was unduly harsh and excessive. On April 8, 2008, the...
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