Guzman v. Sec'y

• Decision Date: 17 March 2010
• Docket Number: Case No. 6:06-cv-1271-Orl-35GJK.
• Citation: 698 F.Supp.2d 1317
• Parties: James GUZMAN, Petitioner,v.SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents.
• Court: U.S. District Court — Middle District of Florida

698 F.Supp.2d 1317

James GUZMAN, Petitioner,v.SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents.

Case No. 6:06-cv-1271-Orl-35GJK.

United States District Court,

M.D. Florida,

Orlando Division.

March 17, 2010.

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Eric Pinkard, Robbins Equitas, PA, St. Petersburg, FL, Marie-Louise Samuels Parmer, Capital Collateral Regional Counsel, Tampa, FL, for Petitioner.

Kenneth S. Nunnelley, Office of the Attorney General*, Daytona Beach, FL, for Respondents.

ORDER

MARY S. SCRIVEN, District Judge.

This case is before the Court on the Petition for Habeas Corpus Relief and accompanying memorandum of law (Doc. No. 1) filed by James Guzman. Pursuant to the instructions of the Court, Respondents filed a Response (Doc. No. 22) to the Petition for Writ of Habeas Corpus. Thereafter, Petitioner filed a Reply to the Response (Doc. No. 36). As discussed hereinafter, the habeas petition is granted in part and denied in part.

I. STATEMENT OF THE FACTS

Petitioner was arrested for the murder of David Colvin on December 13, 1991. Petitioner's second trial began on December 2, 1996, and, in this trial, Petitioner waived his right to a jury in both the guilt and penalty phases of the trial.¹ The trial court convicted Petitioner of first-degree murder and armed robbery, and it imposed a death sentence. In its sentencing order, the trial court found the following five aggravating circumstances: (1) Petitioner was previously convicted of a felony involving the use of violence; (2) the murder was committed in the course of a robbery; (3) the murder was committed for the purpose of avoiding arrest; (4) the murder was committed in a cold, calculated, and premeditated manner; and (5) the murder was especially heinous, atrocious, or cruel. The trial court found no statutory mitigating circumstances, and, as nonstatutory mitigation, the trial court found that Petitioner's alcohol and drug dependency was established but that it was entitled to little weight. Guzman v. State, 721 So.2d 1155, 1157-58 (Fla.1998).

While the murder was indisputably heinous,² the facts centrally at issue here are those concerning the presentation of evidence of Petitioner's guilt as the perpetrator of the murder. In this regard, the facts adduced at trial, as set forth by the Supreme Court of Florida, are as follows:

Approximately one week prior to the murder, Guzman and Martha Cronin, a prostitute and crack cocaine addict, began living together at the Imperial Motor Lodge. Colvin also resided at the motel, and Guzman and Colvin became acquainted. On the morning of August 10, Colvin and Guzman left the hotel in Colvin's car. Guzman and Colvin first proceeded to a tavern and drank beer, then the men went to the International House of Pancakes and ate breakfast. Guzman testified that he and Colvin returned to the motel at approximately 12 noon. Guzman stated that he gave Colvin's car and room keys back to Colvin and returned to his room. Guzman testified that at approximately 3 p.m. Curtis Wallace gave him a diamond ring that he could sell or trade for drugs. Guzman admitted that he gave the ring to Leroy Gadson in exchange for drugs and money. However, Guzman denied any involvement in Colvin's robbery and murder.

Cronin's trial testimony contradicted Guzman's. Cronin testified that Guzman told her prior to the murder that Colvin would be easy to rob because he was always drunk and usually had money. Cronin stated that Guzman told her in another conversation that if he ever robbed anybody, he “would have to kill them” because “a dead witness can't talk.” Cronin testified that Guzman was holding his survival knife at the time this statement was made. Cronin claimed that, on the morning of August 10, Guzman told her that he was going to drive Colvin to the bank. Cronin stated that Guzman returned to their room that morning and showed her Colvin's car keys and room keys. Cronin testified that at approximately 3 p.m. Guzman appeared at their room with a garbage bag that contained rags. Cronin said that Guzman looked upset, and that she asked him what was wrong. Cronin testified that Guzman responded, “I did it,” and confessed to murdering Colvin. Cronin stated that Guzman told her that Colvin awakened while he was taking money from Colvin's room. Cronin testified that Guzman said that he hit Colvin in the head and then stabbed

him with the samurai sword. Cronin stated that Guzman showed her a diamond ring and money that he had taken from Colvin. Cronin also stated that Guzman said he committed the murder for her.

Upon questioning by the police shortly after the discovery of Colvin's body, Guzman and Cronin both claimed to know nothing about the murder. In the latter part of November 1991, Cronin informed the police that Guzman had confessed to her that he killed Colvin. Cronin testified that Guzman had instructed her to tell the police that she knew nothing about the murder. Cronin also testified that she did not come forward earlier because Guzman threatened to harm her if she revealed what she knew about the crime. Guzman admitted that he told Cronin prior to his first trial to “do the right thing girl-it's a small world.” Paul Rogers and Guzman became friends while sharing a jail cell in the Spring of 1992. Rogers testified that Guzman confessed to him that he robbed and killed Colvin. Rogers said that Guzman told him that he used Colvin's key to enter his room after the men returned from drinking, and that Colvin awakened while Guzman was robbing him. Rogers further testified that Guzman stated that, after Colvin sat up in the bed, Guzman struck Colvin ten or eleven times with the sword. Rogers stated that Guzman said he cleaned the sword and put “everything” in a garbage bag which he disposed of in a dumpster. Rogers also stated that Guzman admitted that he took Colvin's ring and some money and traded the ring for drugs. Guzman allegedly told Rogers that he robbed and killed Colvin so Cronin would not have to earn money as a prostitute. Rogers said that Guzman threatened to kill him and his family if he informed the police about his knowledge of the murder.

Guzman, 721 So.2d at 1157-58.

Here Petitioner raises meritorious Giglio³ and Brady⁴ claims involving the false testimony of Martha Cronin and the false testimony of Detective Allison Sylvester and the withholding of evidence from the Defense concerning same. The following are the facts significant to the consideration of this claim on this Petition.

At trial, Detective Sylvester testified that she questioned Ms. Cronin on August 12, 1991, and that Ms. Cronin failed to offer any information pertaining to the case. (Exhibit AA-19 at 1501, 1520). On September 24, 1991, Ms. Cronin was questioned by Detective Sylvester and, again, she denied any information about the homicide. Id. at 1530.⁵ On November 24, 1991, Ms. Cronin provided a statement late on November 23, 1991, and into November 24, 1991, near midnight implicating Petitioner as the perpetrator of the homicide. Id. at 1503-05, 1531. Ms. Cronin had an active warrant for her arrest on November 24, 1991, due to an outstanding warrant for violation of probation. Id. at 1531, 1549-50. Ms. Cronin was seeking a “deal,” but the assistant state attorney handling the case instructed Detective Sylvester to arrest. Detective Sylvester rejected this directive and did not arrest Ms. Cronin. Id. at 1531-32. Instead, Ms. Cronin was taken to a hotel and provided with food, which was paid for by the Daytona Beach Police Department, in order to keep “an eye on her while [they] finished following up on information.” Id. at 1532-33, 1551. However, Ms. Cronin left the hotel on November 24, 1991, without permission, and law enforcement lost contact with her. Id. at 1533-34. Ms. Cronin engaged in prostitution and used crack cocaine after she left the hotel. Id. at 1533, 1668.

Detective Sylvester then arrested Ms. Cronin on November 27, 1991, for outstanding warrants for violation of probation. Id. at 1533, 1549. When Ms. Cronin was arrested on November 27, 1991, Detective Sylvester was afraid that Ms. Cronin would flee, and Detective Sylvester admitted that Ms. Cronin was arrested because she was the prime witness and was needed for the case. Id. at 1552. Ms. Cronin was, nevertheless, released from jail on December 5, 1991. Id. at 1558. Petitioner was arrested on December 13, 1991. Id. at 1502.

Ms. Cronin testified before the grand jury against Petitioner on January 11, 1992. (Exhibit AA-21 at 1743.) At the trial, Detective Sylvester denied that she, law enforcement, or the State Attorney's office had offered Petitioner any deals in exchange for her testimony. (Exhibit AA-20 at 1559-60.) Ms. Cronin also denied ever receiving a deal from law enforcement, although she acknowledged being placed in a hotel room for protection. Id. at 1667-68.

At the Rule 3.850 evidentiary hearing, however, after defense investigation had revealed a payment had been made to Ms. Cronin, Detective Sylvester conceded that, on January 3, 1992, just eight days before Ms. Cronin testified before the grand jury she delivered a money order to the Volusia County Jail in the sum of $500 made payable to Ms. Cronin. (Exhibit G-2 at 166.) The money was placed in Ms. Cronin's prison account where she was incarcerated and was provided to her because she had provided information leading to the arrest of Petitioner. Id. at 167-70, 183. Detective Sylvester denied that Ms. Cronin was paid for her testimony. Id. at 180. Detective Sylvester could not recall when the reward money had first been offered to Ms. Cronin. Id. at 168. However, the reward was originally offered on August 16, 1991, for information “about a man stabbed to death in his motel room.” Id. at 185. The reward offer was published in the Daytona Beach News-Journal and the Orlando Sentinel. Id. at 199-200. Detective Sylvester recalled that Ms. Cronin's mother contacted her on January 2, 1992, “asking if it

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