Hargrave-Thomas v. Yukins

• Decision Date: 21 August 2002
• Docket Number: Civil Case No. 00-040171.
• Citation: 236 F.Supp.2d 750
• Parties: Kylleen HARGRAVE-THOMAS, Petitioner, v. Joan YUKINS, Respondent.
• Court: U.S. District Court — Eastern District of Michigan

236 F.Supp.2d 750

Kylleen HARGRAVE-THOMAS, Petitioner, v. Joan YUKINS, Respondent.

Civil Case No. 00-040171.

United States District Court, E.D. Michigan, Southern Division.

August 21, 2002.

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Bridget M. McCormack, Michigan Clinical Law Program, Ann Arbor, Andrea D. Lyon, DePaul College of Law, Chicago, IL, for petitioner.

Joseph A. Puleo, Wayne County Prosecutor's Office, Detroit, William C. Campbell, Michigan Department of Attorney General, Habeas Corpus Division, Lansing, for respondent.

OPINION AND ORDER

GADOLA, District Judge.

Before the Court is Petitioner's motion for the writ of habeas corpus [docket entry 1]. This Court has entertained the parties' written submissions and oral arguments, and has held an evidentiary hearing. For the reasons set forth below, this Court shall grant the writ, vacate Petitioner's conviction and sentence, and order that the State of Michigan either grant Petitioner a new trial within ninety days of entry of this order or release Petitioner unconditionally.

I FACTUAL AND PROCEDURAL BACKGROUND

On November 5, 1993, the Honorable Wendy Baxter of the Recorder's Court for the City of Detroit found Petitioner guilty of first degree murder (M.C.L.750.316) and burning a dwelling house (M.C.L.750.72), after a bench trial. On May 2, 2000, Petitioner filed a motion for the writ of habeas corpus pursuant to 28 U.S.C. § 2254 and a brief supporting that motion. After extensive discovery, Petitioner has augmented her initial brief with a supplemental brief. Respondent has filed an answer and a brief in response to Petitioner's motion.

At trial, Wayne County Assistant Prosecuting Attorney Michael Reynolds represented the State of Michigan. The prosecution's theory was that Petitioner had murdered the victim, her boyfriend Manuel Joseph Bernal, out of romantic jealousy and then set his house on fire. (TT¹ I at 12:2-6.)

Lead defense-counsel was Rene Cooper, and his co-counsel was Nicholas Venditelli. Neither received any compensation for their services. The defense did not present a theory of the case, made no opening argument, and put forth no evidence. During his closing argument, Attorney Cooper emphasized simply that the prosecution's proofs amounted to nothing but innuendo and speculation and thus formed an insufficient basis upon which to find Petitioner guilty. (TT V at 3.)

The evidence before the trial court fills six volumes of trial transcripts. The following is the key evidence that the prosecution adduced as to Petitioner's guilt.

On October 11, 1991, rescue personnel responded to a report of a fire at the home of Mr. Bernal. Lt. Martin Reddy, a fireman and emergency medical technician, testified as follows. He arrived at Mr. Bernal's house at approximately 7:15 a.m. (TT I at 33-34.) Firemen observed smoke coming from Mr. Bernal's house and kicked in Mr. Bernal's locked front-door. (TT I at 34-35.) After working their way through the house, firemen encountered Mr. Bernal's corpse, which was on his bed. (TT I at 39-40.)

Dr. Bader Casin, Chief Medical Examiner for Wayne County, testified that: Mr. Bernal died of a stab wound to the chest (TT I at 113); the fire in Mr. Bernal's home had begun after Mr. Bernal's death (TT I at 121); Mr. Bernal's stomach contents had not been emptied before he died, which suggested that Mr. Bernal had eaten within three hours of his death (TT I at 124); Mr. Bernal had scratch marks near the knife wound that were consistent with, but were not necessarily, fingernail scratches (TT I at 116); 15 to 20% of Mr. Bernal's corpse burned in the fire (TT I at 120); and Mr. Bernal had no traces of alcohol or illegal drugs in his bloodstream when he died (TT I at 122-23).

The prosecution's theory as to motive was that Petitioner was a woman scorned: that before his murder, Mr. Bernal had spurned Petitioner's hopes that he would marry her, and Petitioner then killed him in a rage. Sgt. Russell Nowaczck was the officer in charge of investigating Mr. Bernal's death. According to Sgt. Nowaczck's testimony, early in the investigation of Mr. Bernal's murder, Petitioner had told him that she and Mr. Bernal "were going to get married" (TT III at 104:11-13) and that they had set a wedding date of "January 5th" (TT III at 110:1-2). Later in the investigation, however, Sgt. Nowaczck told Petitioner that his detective work had uncovered evidence that Mr. Bernal "was still kind of playing the field asking other girls out." (TT IV at 73:14-19.) Sgt. Nowaczck testified that, when he asked Petitioner "now, [Mr. Bernal] didn't even want to get married, did he"?, Petitioner "didn't have a response but she was nodding her head in the affirmative manner." (TT IV at 73:22-25.)

The testimony of Helen Bernal, Mr. Bernal's mother, dovetailed with Sgt. Nowaczck's version of events. She testified that, on October 10, 1991, she had expressed to her son her "[p]retty strong" opposition to Mr. Bernal's relationship with Petitioner (TT I at 26:4), and that she had provided financial assistance to her son totaling more than $24,000.00 (TT I at 25:16-20). This evidence was consistent with the prosecution's theory that, the day before his murder, Mr. Bernal had a powerful incentive to abort any plans he had to marry Petitioner. On a related note, a friend of Petitioner and Mr. Bernal, Orvetta Brown, testified that, when she had asked Petitioner and Mr. Bernal on October 9, 1991 whether they had plans to marry, both responded with silence. (TT II at 78:3-11.)

Several other aspects of the evidence buttressed the prosecution's theory as to motive. First, there was no evidence to suggest that the murderer had stolen any of Mr. Bernal's property. In fact, Mr. Bernal's wallet (TT III at 117:5-8) and other valuable items of property were undisturbed, and there were no signs of forced entry or struggle. Thus there was no evidence suggesting that robbery would have been the motive for the killing.

Second, Sgt. Nowaczck testified as follows. During an interview that he conducted with Petitioner on April 27, 1992, he told Petitioner that police knew that, shortly before the murder, Mr. Bernal's mother had told Mr. Bernal that Petitioner was not welcome in her home for Thanksgiving dinner. (TT IV at 74:1-12.) Petitioner then agreed with Sgt. Nowaczck's assertion that Mr. Bernal was a "mama's boy." (TT IV at 74:15-19.) Petitioner stated that she "saw where this conversation was going" and left the room, only to return a short while later and ask whether she was under arrest. (TT IV at 74-75.) When Sgt. Nowaczck informed Petitioner that she was free to leave, she departed. (TT IV at 75:1-5.) This evidence was consistent with the prosecution's theory that Petitioner had become convinced that Mr. Bernal would not marry her, and then murdered him out of anger aroused by that belief.

The prosecution's chief evidence as to opportunity was that, as Mr. Bernal's paramour, Petitioner had means of access to his house, including a key and a garagedoor opener. (TT VI at 51:21-23.) The prosecution also adduced the testimony of a neighbor of Mr. Bernal's, Marymargaret Brown, to the effect that an auto had almost struck her truck as she was driving to work in the pre-dawn hours of October 11. (TT II at 112:16-18.) According to Ms.² Brown's testimony, when the two vehicles were close to one another, she and the driver of the auto looked at each other's faces at a range of roughly three feet. (TT II at 114:5-7.) Ms. Brown also testified that she had gotten a good look at the auto itself, and that these events occurred near Mr. Bernal's house.

Ms. Brown further testified as follows. She first spoke with Sgt. Nowaczck at her home on May 1, 1992, which was more than six months after the murder, and described her encounter with the auto on October 11, 1991. (TT II at 121-22.) Sgt. Nowaczck had extensive discussions with Ms. Brown, which included showing her a book of female hair styles. (TT II at 123.) On May 23, 1992, Ms. Brown identified Petitioner from a photographic line-up as the person she had seen on October 11, 1991. (TT II at 129.) Ms. Brown then identified Petitioner in court as the woman whose auto had almost hit her truck on October 11, 1991. (TT II at 134:13-14.) Ms. Brown testified, in fact, that she had "no doubt" that she had identified the right person. (TT II at 135:12-13.) Ms. Brown's testimony was the only piece of evidence placing Petitioner near the arson scene on October 11, 1991, and Judge Baxter later characterized Ms. Brown's testimony as "evasive." (TT V at 75:19-24.)

Another eyewitness, a jogger, testified that he saw a vehicle resembling Petitioner's car in the vicinity of Mr. Bernal's home at around 5:00 a.m. on October 11. Another eyewitness, neighbor Gregory Thompson, testified that Mr. Bernal's garage door was open at around 5:15 a.m. on the day of the murder, that it was closed by 6:20 a.m., and that a light was on inside of the house. (TT II at 24-28.)

During his closing argument, defense counsel conceded that the prosecution had proven that "opportunity is certainly there." (TT V at 42:20-22.)

As to the evidence supporting means, there is no dispute that the murderer committed the crime with a knife removed from Mr. Bernal's kitchen and then set fire to Mr. Bernal's home, apparently to cover up the crime. Buttressing the latter point was Robert Perry, an expert on arson, who testified that the fire was set intentionally, probably with a match or lighter. (TT I at 48, 65.) There was thus evidence that, had Petitioner been in Mr. Bernal's home at the time of the murder, she would have had the means to execute the crimes.

In addition to the evidence as to motive, opportunity, and means, there were several other key pieces of circumstantial evidence pointing to Petitioner's guilt. Respondent points out these pieces of evidence on pages 43 and 44 of her brief filed on November 7, 2000. First,...