Hoffman v. Arave, 94-0200-S-BLW.

• Citation: 73 F.Supp.2d 1192
• Decision Date: 28 December 1998
• Docket Number: No. 94-0200-S-BLW.,94-0200-S-BLW.
• Parties: Maxwell HOFFMAN, Petitioner, v. A.J. ARAVE, Warden, et al., Respondents.
• Court: U.S. District Court — District of Idaho

73 F.Supp.2d 1192

Maxwell HOFFMAN, Petitioner, v. A.J. ARAVE, Warden, et al., Respondents.

No. 94-0200-S-BLW.

United States District Court, D. Idaho.

December 28, 1998.

COPYRIGHT MATERIAL OMITTED

Ellison M. Matthews, Boise, ID, Charles F. Peterson, Boise, ID, for Maxwell Hoffman, petitioner.

Alan G. Lance, Office of Attorney General, Boise, ID, Kenneth M. Robins, L. LaMont Anderson, Office of Attorney General, Criminal Law Division, Capital Litigation Unit, Boise, ID, for A.J. Arave, respondent.

MEMORANDUM DECISION AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS

WINMILL, District Judge.

I. Overview.

On June 1, 1998, the Court heard oral argument on the Amended Petition for Writ of Habeas Corpus. After considering the arguments of counsel and thoroughly reviewing the briefs and the state court record, the Court concludes that it will deny the petition for the reasons stated in this decision.

II. State Procedural History.

On June 9, 1989, following a jury trial and verdict of guilty, the petitioner was sentenced to death for murder of Denise Williams. The petitioner filed a Petition for Post-Conviction Relief in the state district court, which was denied, and appealed his sentence and the denial of the post-conviction petition to the Idaho Supreme Court. On January 29, 1993, the Idaho Supreme Court affirmed the sentence and the trial court's denial of the post-conviction petition. See State v. Hoffman, 123 Idaho 638, 851 P.2d 934 (1993). The petitioner filed a second petition for post-conviction relief which was denied by the trial court.

III. Federal Procedural History.

On May 2, 1994, the petitioner filed a statement of issues, application for stay of execution, and appointment of counsel with this Court. Following appointment of counsel, and the issuance of a stay of execution, a first Petition for Writ of Habeas Corpus was filed on December 1, 1994. A subsequent finalized petition was filed on April 2, 1996, following discovery and depositions of trial counsel. The petition asserted fourteen claims of constitutional error. On June 13, 1997, this Court entered a Memorandum Decision and Order dismissing several claims in the petition under the doctrine of procedural default.¹ See Hoffman v. Arave, 973 F.Supp. 1152 (D.Idaho 1997). Following seven claims alleging constitutional violations remain for a determination on the merits.

a) Claim A: alleging that the "heinous, atrocious and cruel" aggravating factor found by the state court was unconstitutionally vague and not supported by sufficient evidence.

b) Claim B: alleging the state court violated the petitioner's due process rights under the Fourteenth Amendment by failing to authorize funds for a psychiatrist during the post-conviction proceeding.

c) Claim C: alleging the state court violated the petitioner's right to counsel under the Sixth and Fourteenth Amendments by denying his request that his attorney to be present for the pre-sentence interview.

d) Claim G: alleging the state court violated the petitioner's rights under the Eighth and Fourteenth Amendments by imposing the death penalty without proof the petitioner killed, attempted to kill, intended to kill, or acted with reckless indifference to human life.

e) Claim I: alleging the state court violated the petitioner's right of confrontation under the Sixth Amendment by admitting the out-of-court statements of Richard Holmes.

f) Claim L: alleging the state court violated the petitioner's rights under the Fifth, Eighth and Fourteenth Amendments by improperly weighing the aggravating and mitigating evidence submitted during the sentencing hearing.

g) Claim M: alleging that the application of the Idaho post-conviction relief statute, I.C. § 19-2719, denies the petitioner his due process and equal protection rights guaranteed by the Fourteenth Amendment.

On February 27, 1998, the petitioner filed a pro se motion to dismiss current habeas counsel, drop all further appeals, and vacate the stay of execution. The petitioner also sought an injunction preventing counsel from filing documents on his behalf without his consent. The Court proceeded with a competency evaluation of the petitioner, and on May 8, 1998, determined the petitioner was competent to dismiss his appeals. On June 1, 1998, following a hearing on the petitioner's Motion to Alter and Amend, the petition was reinstated, and a final hearing was set for July 27, 1998.

IV. Factual History.²

On September 10, 1987, Denise Williams, while working as a confidential informant with the Nampa Police Department, made a controlled buy of narcotics from Richard Holmes. Following the purchase, the police arrested Holmes and conducted a search of his house. That search resulted in the discovery of a large quantity of drugs and items related to Holmes' drug business. During the arrest of Holmes, actions taken by the police and Williams led Holmes to believe that Williams was working for the police. Holmes was released on bail pending trial and apparently returned home where he lived with his wife and children and two colleagues, Max Hoffman and Ron Wages.

Two of Holmes' other associates, Jim Slawson and Sam Longstreet, subsequently met with Holmes to inform him that Longstreet did not "set him up." At this meeting Holmes inquired whether Longstreet and Slawson would kill Williams for her involvement in his arrest and to prevent her from testifying at his preliminary hearing. Longstreet and Slawson indicated that they would not kill Williams, but would help Holmes in other ways. This conversation occurred outside the presence of Hoffman and Wages.

On the following day, Holmes met at his house with Longstreet, Slawson, Wages and Hoffman. At that meeting, Longstreet and Slawson agreed to kidnap Williams and take her to a Boy Scout camp in Owyhee County. Holmes, Longstreet, Slawson and Wages then drove to the camp to plan the details of the kidnaping. It was then agreed that Longstreet and Slawson would kidnap Williams, call Holmes to keep him informed, and take Williams to the camp. Wages would then meet them at the camp, where they would tie Williams to a tree and wait until Holmes arrived.

The next evening, Holmes and Hoffman took Wages out to the camp, where the men ingested drugs. Holmes and Hoffman then left the area. Longstreet and Slawson arrived some time later with Williams. Longstreet later testified that he and Slawson had tricked Williams into going with them by telling her that they would take her to buy alcohol and then drove around using drugs and drinking alcohol. During this time, Longstreet pulled over to call Holmes and inform him they had Williams. Longstreet and Slawson then pretended to get lost and arrived at the camp. Wages met them there and ordered them out of the car. Wages then ordered Longstreet and Slawson to strip Williams and tie her up. Longstreet and Slawson did as directed, and then left the camp.

Hoffman arrived at the camp and he and Wages loaded Williams into a car and met Holmes at the old ION highway cutoff. There, Holmes kicked Williams in the head and told her she was "a dead bitch." Holmes then left and later returned in a brown Nissan four wheel drive truck and told Hoffman and Wages, "You know what to do." Holmes then left again.

Hoffman and Wages put Williams in the Nissan and drove around for several hours, before stopping in Delamar, Idaho. There Hoffman and Wages instructed Williams to write two letters to the press which would exonerate Holmes of the drug charges. Williams was then taken to a cave outside of Silver City, Idaho, where Hoffman slashed her throat with a knife. As Hoffman returned from the cave to the Nissan, Wages spotted Williams crawling up an embankment near the cave, he pursued her and stabbed her under the arm with a knife that Hoffman handed to him. At this point, Williams was on the ground, and Hoffman and Wages, thinking she was dead, buried her under a pile of rocks. It was later determined that the cause of death was a crushing blow to the head.

As a result of the ensuing police investigation into Williams' disappearance, Longstreet and Slawson agreed to provide the police with information concerning the crime in exchange for a sentencing recommendation on a charge of kidnaping. Based on that information, Holmes and Wages were indicted on charges of conspiracy to commit murder. In an effort to secure a plea agreement, Holmes led the police to Williams' body. The conspiracy charges against Holmes were dismissed, but on August 22, 1988, he was subsequently charged with aiding and abetting in the crime of first degree murder.

Following the discovery of Williams' body, Wages confessed to the killing and became a witness for the State, giving them a full account of the series of events that resulted in the murder. Wages and Hoffman were then charged with first degree murder in Owyhee County. Wages was the principal witness against Hoffman at his preliminary hearing. Hoffman tried to call Holmes as a witness, but Holmes invoked his Fifth Amendment right against self incrimination and refused to testify. Following that hearing, and while incarcerated at the Idaho State Correctional Institution, Holmes was killed by another prisoner.

Hoffman went to trial on the charge of first degree murder and, following a guilty verdict, was sentenced to death on June 9, 1989. In pronouncing the sentence of death, the trial court relied on two statutory aggravating factors, (1) the victim was a witness, and (2) the killing was committed in a particularly cruel, atrocious and heinous manner, exhibiting exceptional depravity.

V. Discussion of Remaining Claims.

1. Claim A.

The petitioner contends that the aggravating factor listed under I.C. § 19-2515(h)(5), which authorizes the imposition of the death penalty where "the murder was especially heinous, atrocious or cruel, manifesting exceptional depravity," is unconstitutionally vague and supported by insufficient evidence. In ...