Hayman v. Pennsylvania
| Decision Date | 09 February 2009 |
| Docket Number | Civil Action No. 08-574. |
| Citation | 624 F.Supp.2d 378 |
| Parties | Felton HAYMAN, Petitioner v. Commonwealth of PENNSYLVANIA, et al., Respondents. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Robert B. Mozenter, Law Offices Robert B. Mozenter, Philadelphia, PA, for Petitioner.
Susan Elizabeth Affronti, Philadelphia District Attys. Office, Philadelphia, PA, for Respondents.
AND NOW, this 9th day of February, 2009, upon careful and independent consideration of the petition for a writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice, IT IS ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. The petition for a writ of habeas corpus is (A) GRANTED in part as to Hayman's conviction under the Pa. C.O.A. with execution stayed for 180 days to permit the Commonwealth of Pennsylvania to vacate the conviction and re-sentence Hayman accordingly; and (B) DENIED in part with prejudice as to his untimely claims.
3. There is no probable cause to issue a certificate of appealability.
4. The Clerk of the Court shall mark this case closed for statistical purposes.
November 25, 2008
Petitioner Felton Hayman is on parole in Pennsylvania and has filed this counseled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the following reasons, I respectfully recommend Hayman's petition be conditionally granted. His conduct was not criminal under the Pennsylvania's Corrupt Organization Act, 18 Pa.C.S. § 911 . Therefore, his conviction pursuant to this statute cannot stand and the case should be remanded to the state court to vacate Hayman's Pa. C.O.A. conviction and to re-sentence him. See Kendrick v. District Attorney of the County of Philadelphia, 488 F.3d 217, 219 (3d Cir.2007); Kendrick v. Bailey, 2008 WL 509214, at *8 (E.D.Pa. Feb.25, 2008) (Yohn, J.). Hayman's plea, however, was knowing and voluntary because the Pa. C.O.A. charge was not an essential part of the plea agreement and did not influence Hayman's decision to plead guilty. See Kendrick, 2008 WL 509214, at *8. I recommend Hayman's remaining claims be denied as untimely.
On August 10, 1989, Donald Branch was shot and killed inside Tobin's Inn and two other individuals were wounded. Hayman pled guilty to charges related to planning the murder of rival drug dealer Aaron Jones, during which Branch was killed and two others were injured. Jones was not present and escaped death. On October 28, 1991, Hayman pled guilty to thirddegree murder,1 criminal conspiracy, two counts of aggravated assault, and a violation of the Pa. C.O.A. See Transcript of Guilty Plea at 18, Commonwealth v. Hayman, No. 1065-78 (Ct.Com.Pl.Phila.Oct. 28, 1991) [hereinafter Plea Transcript].
Hayman completed and signed a written plea colloquy form, admitting he committed conspiracy, third-degree murder, aggravated assault, and engaged in conduct in violation of the Pa. C.O.A. See Written Plea Colloquy, Commonwealth v. Hayman, No. 91-05-1078 (Ct.Com.Pl. Oct. 31, 1991). This form set forth Hayman's right to a trial, the rights Hayman would have possessed at trial, and his pre-trial and appellate rights. See id. At the plea hearing, Hayman stated he completed the form with the assistance of his attorney. See Plea Transcript at 3-4. The judge explained to Hayman that he had a right to a trial, at which he would be presumed innocent. Id. at 4. The District Attorney listed each crime charged, the elements of each crime, the facts establishing each element in the case against Hayman, and the possible sentence for each charge. Id. at 5-11.
The District Attorney detailed the following evidence he would have presented at trial, id. at 11-17:
1. Edgar Hentz would have testified he received a call on August 10, 1989 stating Jones, a leader of a rival drug gang, was at Tobin's Inn. Id. at 11. Hentz called several people, including Hayman, who all met at 2109 Montrose Street in Philadelphia. Id. During the meeting, guns were distributed and the attendees discussed going to Tobin's Inn to murder Jones. See Plea Transcript at 12. Everyone then entered different cars; Hayman entered a car with Lee Jones and Sulieman Beyah. Id. Hentz arrived at Tobin's Inn, but Hayman did not. Id. Hentz would have testified that, at Tobin's Inn, the people who attended the 2109 Montrose Street meeting fired shots, and returned to 2109 Montrose Street. Id. at 13. Hayman was at the house when Hentz returned and Hentz discovered Hayman's car did not arrive at Tobin's Inn because of a problem with the car door. Id. Upon returning to 2109 Montrose Street, those at the house discussed how they had shot inside Tobin's Inn and shot Jones,2 and one group had to get rid of their car during a police chase. Id. at 13-14.
2. Lee Jones would have testified he knew Hayman and worked for Hayman in the drug business. See Plea Transcript at 14. On August 10th, Hayman told Lee Jones he needed a car and Lee Jones brought his old car to Montrose Street. Id. He would testify he was in the car with Hayman and Beyah. Id. When they were approximately a block from Tobin's Inn they heard shots and turned around, assuming the shooting had already occurred. Id. Lee Jones would testify to the same post-shooting events at 2109 Montrose Street as Hentz. Id. Lee Jones also would have testified his house was used as a stash house for the drugs and it was where the cocaine would be capped and broken down. See Plea Transcript at 17. Lee Jones would have testified he went with Hayman to pick up drugs from Hentz and saw Hayman give money to Hentz and receive drugs from Hentz. Id. 3. Vernon Hawkins would have stated he attended the meeting at which the killing of Jones was discussed. Id. at 15.
4. James Johnson and Barry Dutton, two victims of the Tobin Inn shooting, would have testified they were patronizing Tobin's Inn when shooting erupted in the bar. Id. Both were hit in their legs and seriously injured. Id.
5. The medical examiner would have testified that Branch's cause of death was four bullet wounds to the body. See Plea Transcript at 15.
6. Additional witnesses would have stated Branch came to Tobin's Inn on the evening of August 10th to have dinner with his girlfriend and he was shot while eating dinner. Id. at 15-16.
7. Witnesses, including Preston Henley, would have stated they worked in the drug business for Hayman. Henley had purchased cocaine for Hayman from New York. Id. at 16. Henley went to prison, and when released, started buying from Hayman. Id. The District Attorney would have presented testimony Hentz supplied drugs to Hayman. Id. Henley would have testified he was getting cocaine from Hayman in 1989, and Hayman was getting the cocaine from Hentz. See id.
The Court asked Hayman if he would like to make any additions or corrections to the District Attorney's factual recitation. Id. Hayman responded that: (1) Lee Jones did not work for Hayman, rather they worked together; (2) he did not want to kill anyone at Tobin's Inn; and (3) he did not make it to Tobin's Inn. Id. at 18. Hayman then pled guilt to conspiracy, third-degree murder, aggravated assault, and violating the Pa. C.O.A. Id. The District Attorney dismissed all other charges. See Plea Transcript at 3.
At the time of his plea, the judge sentenced Hayman to five-to-ten years for one of the aggravated assault charges. See Plea Transcript at 19. Sentencing on all other charges was deferred. Id. At the February 13, 1993 sentencing hearing, Hayman's attorney moved to withdraw Hayman's guilty plea. See Transcript of Sentencing Hearing at 19-20, Commonwealth v. Hayman, No. 0992-1073 (Ct.Com.Pl.Phila.Feb. 19, 1993). The judge denied the motion. Id. at 22. The judge sentenced Hayman to five-to-ten years for the second aggravated assault charge to run consecutive to the sentence Hayman had already agreed to begin serving after his plea; ten-to-twenty years for the murder charge to run consecutive to the other imprisonment terms; five-to-ten years for the conspiracy charge to run concurrent with the other terms; and two-and-one-half-to-five years for the Pa. C.O.A. charge to run concurrent with the other terms. Id. at 75.
Hayman filed a written motion to withdraw his guilty plea, see Petition to Withdraw Guilty Plea, Commonwealth v. Hayman, No. 1065-1094 (Ct.Com.Pl.Phila.) [hereinafter Petition to Withdraw Guilty Plea], and a motion to reconsider his sentence, see Petition for Reconsideration of Sentence, Commonwealth v. Hayman, No. 1065-1094 (Ct.Com.Pl.Phila.). The court denied both motions. See Opinion, Commonwealth v. Hayman, No. 1065-1073, slip op. at 2 (Ct. Com. Pl. Phila. filed July 2, 1993). Hayman appealed, claiming the trial court erred when it did not grant his motion to withdraw his guilty plea. See Opinion, Commonwealth v. Hayman, No. 01913 PHL 93, slip op. at 1, 436 Pa.Super. 664, 648 A.2d 1234 (Pa.Super. Ct. filed Jun. 29, 1994) [Direct Appeal Superior Court Opinion]. The Superior Court affirmed, with one judge dissenting.3 Id. at 4.
On December 4, 1995, Hayman filed a petition under the Pennsylvania Post Conviction Relief Act ("PCRA"), 42 Pa. Cons. Stat. Ann. § 9541, et seq. See Motion for Post-Conviction Collateral Relief, Commonwealth v. Hayman, No. 1065-1073 (Ct. Com. Pl. Phila. filed Dec. 4, 1995) [hereinafter 1995 PCRA Petition]. The PCRA court granted the Commonwealth's motion to dismiss Hayman's petition, finding Hayman waived the ineffectiveness claims because he failed to raise them at the first available opportunity.4 See Opinion, Commonwealth v. Hayman, No. 1065-1073, slip op. at 5 (Ct. Com. Pl. Phila. filed Nov. 19, 1996) [hereinafter 1996 PCRA Court Opinion]. The Superior Court affirmed. Commonwealth v. Hayman, 02539...
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