Glenn v. Wynder

• Decision Date: 19 September 2012
• Docket Number: Civil Action No. 06 - 513
• Parties: LUTHER GLENN, Petitioner, v. SUPT. JAMES WYNDER; DISTRICT ATTORNEY FOR THE COUNTY OF ALLEGHENY; and the ATTORNEY GENERAL FOR THE STATE OF PENNSYLVANIA, Respondents.
• Court: U.S. District Court — Western District of Pennsylvania

LUTHER GLENN, Petitioner,

v.SUPT. JAMES WYNDER; DISTRICT ATTORNEY FOR THE COUNTY OF ALLEGHENY;and the ATTORNEY GENERAL FOR THE STATE OF PENNSYLVANIA, Respondents.

Civil Action No. 06 - 513

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Dated: September 19, 2012

Chief Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM AND ORDER

Petitioner, Luther Glenn (hereinafter referred to as "Glenn" or "Petitioner"), a state prisoner currently incarcerated at the State Correctional Institution in Greensburg, Pennsylvania has petitioned for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons that follow, the Petition will be denied.

A. Relevant Factual and Procedural History

The facts of the crimes as set forth by the Pennsylvania Superior Court in Petitioner's direct appeal from his judgment of sentence are as follows:

On December 17, 1997, at approximately 6:00 AM Officer Michael Kunsa of the City of Pittsburgh Police Department was on routine patrol in the Homewood section of the city when he was stopped by Georgianna ("Brandy") Cotton, who told him that a man had been shot in the doorway on Sterrett Street. The victim, who was pronounced dead at the scene, was identified as William Anthony Griffin. Detectives, after receiving information from a confidential informant thatappellant had been involved in a shooting, placed appellant's photograph in a photo array, and on December 19, 1997, Ms. Cotton identified the appellant from the photo array as the man whom she saw commit the murder.

On December 22, 1997, Officer Douglas Drwal of the West View Police Department observed a vehicle driven by the appellant traveling at "an extremely high rate of speed." The officer followed, and when appellant's vehicle accelerated and crossed over the double yellow centerline, the officer activated his overhead lights and siren. After a vehicle pursuit of about three miles, during which appellant drove through five or six red lights and stop signs, the vehicle crashed. Appellant fled but was found lying in some weeds after he was chased for two city blocks. Charina Johnson, who was a passenger in appellant's vehicle at the time, gave a statement to police in which she said that appellant had attempted to get her to lie and say that he was at her house at 5:30 a.m. on the day of the murder.

The following month provided two events with a nexus to this Court. While in custody, on January 28, 1998, appellant told fellow inmate Jerry Pratt of his involvement in the murder and of his plans to have someone kill Georgianna Cotton. Appellant mentioned the name Monte Blair as the person who would "take care of" the witness. Two days earlier, on January 26, 1998, police officer Isadore Trunzo observed a vehicle traveling at a high rate of speed and failing to stop for two stop signs. Officer Trunzo, having activated overhead lights and sirens, pursued the vehicle, which ultimately crashed. After the driver fled, the officer discovered a Glock model 21 semi-automatic handgun with thirteen live rounds and a laser sight on it on the driver's seat. The automobile also contained mail addressed to Monte Blair and a photo of Blair, whom Officer Trunzo identified as the person who had fled the vehicle. Blair was apprehended several months later.

(ECF No. 12-2 at 27-29.)

On January 21, 1998, a Coroner's Inquest was held with a sole witness, Cotton, who testified that she had been drinking since at least midnight and all through the early morning hours at the Aurora Club on the day of the homicide. (APP 694-698.)¹ She left the club at 4:30 a.m. and started walking down to Sterrett Street. (APP 698.) On the way, she saw "Ray-Ray" (Petitioner), "Tone" (the victim) and someone else. (APP 698.) Cotton testified that she sawRay-Ray going into a house in the neighborhood and Tone standing outside. (APP 698.) At that point, Cotton went into an abandoned apartment to get high on crack and marijuana. (APP 703, 705-07.) Before she was able to assemble her paraphernalia, she heard arguing and so she walked onto the balcony. (APP 708-09.) She stated that she saw Ray-Ray and Tone arguing on the corner of Kelly and Starrett directly beneath her. (APP 709.) She further testified that she heard Ray-Ray say: "Nigga, I'm gonna kill you."² (APP 688, 712.) At that point, Cotton went back into the building to finish her business. (APP 714.) About ten to twenty seconds later, however, she heard a screech of tires and looked back outside and saw Ray-Ray jump out of a blue station wagon with a gun in his hand³ and heard six gunshots being fired. (APP 714-16, 722.) She came downstairs from the building and saw Tone laying on the steps grasping for air and a lot of people running away on the street outside. (APP 719.) The very last thing that Cotton said in the coroner's inquest was this: "I don't know what the shooter looked like. The only thing I know is I know what he had on. Now I'm not answering no more questions." (APP 722.) Based on this testimony, the Court found that the Commonwealth had proved a prima facie case against Petitioner and held him over for trial. (APP 729.)

A week later, on January 28, 1998, Petitioner and fellow inmate Jerry Pratt were transferred from the State Correctional Institution at Pittsburgh (SCI-Pittsburgh) to the Allegheny County Jail where they were briefly held together in the same cell. (APP 425-26, 1251-52.) Pratt was transferred to be questioned regarding a credit card investigation whilePetitioner was transferred for a preliminary hearing at Magistrate City Court based on the charge that he illegally possessed a firearm in connection with the Griffin homicide. (APP 426-27, 463.) During the time they shared a cell, Petitioner allegedly confessed to Pratt that he had committed the murder and further told him that a female witness, whose credibility was suspect anyway on the basis that she was a known crackhead, would be taken care of by a person known as Monte Blair. (APP 427-29, 434.)

At the time he was held with Glenn, Pratt was incarcerated as a parole violator based on his arrest for driving violations on December 8, 1997.⁴ (APP 432-33.) Because he was on parole at the time of his arrest, he gave authorities his brother's name instead of his own. (APP 419.) As a result, he was arrested for falsification to authorities as well as other charges. (APP 418-19, 421-22.) On January 29, 1998, Pratt wrote a letter to the Allegheny County District Attorney Stephen Zappala offering his cooperation in the homicide case of Luther Glenn in exchange for a reduction of the charges currently pending against him. (APP 422, 424, 438-39.) In his letter to the District Attorney, Pratt related that he wanted his current charge of falsification to authorities reduced to a summary offense whereby he would pay only a fine and thus avoid the violation of his parole. (APP 424, 439.)

On February 23, 1998, Pratt was interviewed by Assistant District Attorney Ross Lenhardt and county detectives Dennis Logan and Jill Smallwood.⁵ During the interview, Pratt explained that on Wednesday, January 28, 1998, he was in a holding cell at the AlleghenyCounty Jail awaiting to be questioned by city detectives. (APP 1118.) Also in the same holding cell was Petitioner who told Pratt that he was there for a firearms violation. (APP 1118.) Petitioner further told Pratt that he had been at a deputy coroner's inquest for a body. (APP 1119.) He stated that a girl was the main witness and that she told detectives that she had seen him shoot a man. (APP 1119.) Petitioner further told Pratt that her credibility wouldn't stand up in trial because she was a drunk and a crackhead. (APP 1119.) Petitioner then related that the victim had accused him of robbing him and said that "he got out of line and I handled business." (APP 1120-21.) When Pratt asked him about the witness, Petitioner said that she could be handled too. (APP 1120-21.) When Pratt asked him how he was going to do that Petitioner identified Monte Blair and another individual as persons whom could take care of Cotton if the need arose. (APP 1120.) Petitioner also stated that Blair almost got "knocked" because he flipped a blue car that had some guns in it. (APP 1120.) When Pratt asked Petitioner if he had any conscience about the killing, Petitioner stated that when somebody gets out of line, he smokes them. (APP 1120.) After rendering this information to the authorities, the pending unsworn falsification charge against Pratt was dropped. (APP 431-32.)

On January 26, 1998, two days prior to the conversation between Pratt and Petitioner, police attempted to initiate an automobile stop on Perry Highway where the driver gave chase and ultimately crashed into a telephone pole before fleeing on foot. (APP 536-39.) While no one was apprehended at the scene, the police officer discovered a photograph of Monte Blair and mail addressed to him in the vehicle and a .45 Glock semi-automatic handgun with 13 rounds of ammunition and a laser sight on the driver's seat. (APP 540-41.) Police identified Blair as the individual who fled from the vehicle. (APP 541.) Blair was ultimately prosecuted in connectionwith this incident, at which time he testified that he was not the person driving the vehicle, but instead a passenger in the vehicle which was driven by Oronde Shelton. (App 1185-1244.) He further testified that the gun the police seized was not his. (APP 1185-1244.)

Cotton was the Commonwealth's main witness during trial. She testified that shortly before the murder, she saw Glenn on the corner of Kelly and Sterrett streets some distance from Griffin. (APP 270.) Cotton identified Glenn as going by the name "Ray Ray" and testified that he was talking with some friends and wearing a blue jacket with yellow letters on the back at the time. (APP 275.) She further testified that shortly before the murder she had gone to the upstairs area of the apartment building that overlooked the area and from there heard...