Figueroa v. Ricks
| Decision Date | 29 March 2005 |
| Docket Number | No. 01-CV-6274.,01-CV-6274. |
| Citation | 378 F.Supp.2d 210 |
| Parties | Anthony FIGUEROA, Petitioner, v. Thomas RICKS, Superintendent of Upstate Correctional Facility, Respondent. |
| Court | U.S. District Court — Western District of New York |
Howard Broder, Rochester, NY, for Petitioner.
Loretta S. Courtney, Monroe County District Attorney's Office, Rochester, NY, for Respondent.
DECISION AND ORDER
Petitioner Anthony Figueroa ("Figueroa"), represented by counsel, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his felony murder convictions in New York State Supreme Court (Monroe County). The parties have consented to disposition of this matter by the undersigned pursuant to 28 U.S.C. § 636(b).
Franklin Cedeno ("Cedeno") was shot to death in his Rochester apartment during an attempted robbery on July 26, 1996. The police picked up Figueroa for questioning in the matter on September 4, 1996, after his fingerprints were found on certain items of physical evidence linked to the crime. During his interrogation, Figueroa orally admitted that he had participated in the robbery, but stated that his friend, William Sanchez ("Sanchez"), was the gunman.
On October 1, 1996, Figueroa was arraigned on one count of felony murder and two counts of attempted first degree robbery. The indictment accused Figueroa, either directly as an accomplice, of causing the death of Cedeno while attempting to rob him of money and illegal drugs at his home. Sanchez, who had been interrogated and arrested on July 29, 1996, was indicted separately.
Following an inspection of the grand jury minutes, the trial court issued a written decision dated October 23, 1996, dismissing both counts of attempted robbery for lack of proof of corroboration. The court declined to dismiss the felony murder charge, however.
A suppression hearing was held on November 18, 1996, and November 21, 1996, to determine the admissibility of the oral statement Figueroa allegedly made to the police. At the close of testimony, the court ruled that Figueroa's statement was made after a knowing and voluntary waiver of his rights and that it could be admitted into evidence. The court also issued a written decision denying the suppression of Figueroa's inculpatory statement. See A.159-60.1
During the course of the pre-trial proceedings, the prosecutor moved to consolidate Figueroa's case with that of his co-defendant. The prosecutor primarily argued that a joint trial was warranted because the two defendants rendered "interlocking" confessions. See A.150. In opposition, defense counsel highlighted the differences between the statements; Figueroa's confession, for instance, placed him nowhere near the location of the actual shooting, but Sanchez's statement indicated that Figueroa had engaged in a direct confrontation with the victim. See A.154. On December 10, 1996, the court summarily ruled that the cases would not be consolidated. See A.48.
Figueroa did not testify at his jury trial, held on March 6 through March 12, 1997. The prosecution introduced proof that shortly after midnight on July 26, 1996, neighbors heard gunshots emanating from Cedeno's apartment at 63 Jacob Street. T.230.2 The neighbors attempted to enter Cedeno's apartment, but they were unable to break down the locked doors. As they were standing in the driveway, the neighbors spotted a shadow inside Cedeno's apartment moving from the dining room to the living room. T.237-38. Seconds later, a young woman later identified as Lisziada "Lissy" Diaz appeared on the porch. She led the neighbors to the deceased Cedeno, who was lying face-down on the kitchen floor with bullet holes in his back. T.239-43.
Inside Cedeno's bedroom the police found about a kilogram of cocaine divided into two blocks, along with a bundled-up piece of duct tape. On the sidewalk near 80 Jacob Street, just up the way from Cedeno's residence, the police found a roll of duct tape. T.309. Laboratory analysis revealed Figueroa's right thumb print on the roll of tape found on the sidewalk. T.373-75. The prosecution's forensics expert testified that the bundled-up piece of tape discovered in Cedeno's apartment and the roll of tape were "most probably" made by the same manufacturer. T.409. However, the expert also testified that, at the time, only three manufacturers produced about 90% of all duct tape on the market. T.418.
The expert further testified that the torn end of the piece of duct tape found in the bedroom did not match the torn end on the roll, but he stated that a missing piece of tape could account for the discrepancy. T.414-15. The expert acknowledged that he could not say whether the piece of tape found in the bedroom in fact came from the roll of tape discovered on the sidewalk. T.418-19.
Investigator Beaudrault of the Rochester Police Department testified that on July 26 and July 27, 1996, she met with Lissy Diaz who surrendered a black leather wallet belonging to Cedeno. T.503. Investigator Beaudrault testified that she met with Sanchez on July 29 and July 30, 1996. On July 30, 1996, she had police technicians compare the latent fingerprints found on the duct tape against Figueroa's known prints on file. T.504.
On September 4, 1996, Figueroa was picked up and brought to the police station for questioning. T.504-07. According to the arresting officers, Figueroa attempted to flee when they pulled over the car in which he was riding. Figueroa was apprehended after a brief foot chase. T.463-66.
Investigator Beaudrault related that Figueroa initially denied any involvement in the crime. T.514. During the course of the interrogation, she told Figueroa that Sanchez had implicated him as the gunman. T.515-16. Figueroa retorted that Sanchez had made no such statement because he (Figueroa) knew what was in Sanchez's statement. T.516. Soon thereafter, Figueroa said to Investigator Beaudrault, ' T.516.
According to Investigator Beaudrault, Figueroa then gave an oral confession in which he claimed that Lissy Diaz and an unnamed "second girl" planned the robbery. The plan was that Diaz would let Figueroa and Sanchez into Cedeno's apartment, and then they would tie Diaz up with duct tape so she would appear to have been a victim. T.517. Once they arrived at Cedeno's apartment, they were supposed to have gone in through window, but Diaz let them in through the front door instead. Figueroa stated that the plan went awry when a fight broke out between Sanchez and Cedeno in the kitchen. Figueroa claimed to have been in the bedroom area when he heard a shot from the kitchen where Sanchez and Cedeno were fighting. T.517. Figueroa said that he panicked and then he and Sanchez both fled.
Figueroa stated that he brought duct tape with him in order to tie up Diaz. He carried the revolver, and Sanchez had the automatic. T.517-18. They had targeted Cedeno because he supposedly had drugs and money in his apartment. T.518. Investigator Beaudrault testified that Figueroa refused to give a written statement because he did not want anyone else reading it. T.519-20.
For reasons which are discussed later in this opinion, defense counsel made the decision to adopt Investigator Beaudrault as his witness for the purpose of introducing the written and oral statements allegedly made by Sanchez, along with the Miranda waiver card signed by Sanchez. Investigator Beaudrault testified that Sanchez orally admitted that he and Figueroa decided to break into Cedeno's apartment in order to steal drugs and money from him. T.535-36. According to Investigator Beaudrault, Sanchez agreed to give a written confession but did not want Figueroa's name mentioned in the statement. Indeed, Sanchez's written statement refers only to "my friend." T.536.3
The defense called Figueroa's mother, Sandra Lopez ("Lopez"), who testified that at about 5:30 p.m. on July 25, 1996, Sanchez came over to see Figueroa at their house. After speaking with Sanchez briefly, Figueroa asked his mother if they had any tape. T.580. Figueroa then went downstairs, retrieved a roll of duct tape, and put it in the bag that Sanchez was carrying. T.580-81. Lopez testified that Sanchez "left in a hurry" after about fifteen minutes. T.581.
At about 8 p.m., as Lopez was returning home in her car, she saw Sanchez standing on the corner of Roycroft and Carter Streets in front of a store. Lopez testified that Sanchez was standing with two girls and a "kind of dark skin [sic] black guy." T.581-82. Lopez indicated that her son was not with them. T.582. After Lopez testified, the defense rested.
The jury returned a verdict convicting Figueroa of felony murder. He was sentenced to an indeterminate term of incarceration of 20 years to life.
On direct appeal, Figueroa argued that he did not receive the effective assistance of counsel because his attorney (1) chose to use Sanchez's statements as part of the defense; (2) failed to prove suppression of Figueroa's statement on the ground that he was denied his right to counsel; (3) failed to object to prejudicial hearsay; (4) failed to object to testimony that Figueroa had an illegitimate child; (4) failed to object to improper prosecutorial remarks; and (5) took a position adverse to Figueroa at sentencing. Figueroa also asserted that various evidentiary errors occurred and that the prosecutor committed misconduct. The Appellate Division, Fourth Department, of New York State Supreme Court unanimously affirmed his conviction on February 10, 1999. People v. Figueroa, 258 A.D.2d 960, 685 N.Y.S.2d 506 (4th Dept.1999). The New York Court of Appeals denied leave to appeal on April 7, 1999. People v. Figueroa, 93 N.Y.2d 899, 689 N.Y.S.2d 711, 711 N.E.2d 987 (N.Y....
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