Jones v. Vannoy

• Decision Date: 15 November 2018
• Docket Number: CIVIL ACTION NO. 18-2656 SECTION "A"(2)
• Parties: ALFRED JONES v. DARREL VANNOY, WARDEN
• Court: U.S. District Court — Eastern District of Louisiana

ALFRED JONES v. DARREL VANNOY, WARDEN

CIVIL ACTION NO. 18-2656 SECTION "A"(2)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

November 15, 2018

REPORT AND RECOMMENDATION

This matter was referred to a United States Magistrate Judge to conduct hearings, including an evidentiary hearing, if necessary, and to submit proposed findings and recommendations for disposition pursuant to 28 U.S.C. §§ 636(b)(1)(B) and (C) and, as applicable, Rule 8(b) of the Rules Governing Section 2254 Cases. Upon review of the entire record, I have determined that a federal evidentiary hearing is unnecessary. See 28 U.S.C. § 2254(e)(2).¹ For the following reasons, I recommend that the instant petition for habeas corpus relief be DENIED and DISMISSED WITH PREJUDICE.

I. STATE COURT PROCEDURAL BACKGROUND

The petitioner, Alfred Jones, is incarcerated in the Louisiana State Penitentiary in Angola, Louisiana.² On April 19, 2007, Jones was charged by bill of information in Orleans Parish with two counts of first degree murder in violation of La. Rev. Stat. § 14:30.³ The Louisiana Fourth Circuit Court of Appeal summarized the facts determined at trial as follows in relevant part:

It is undisputed that on February 15, 2007, Mr. Jones shot and killed the Brooks Brothers. The issue at trial was whether he did so in self-defense. The crime scene was a vehicle driven by Darryl Kiefer; the Brooks Brothers were passengers in the vehicle. The vehicle was parked in the 1000 block of Kentucky Street in New Orleans. Immediately before the shootings, Mr. Kiefer gave Mr. Jones a ride to his girlfriend's house. After he exited the vehicle, Mr. Jones shot all three occupants. The Brooks Brothers both died at the scene; Mr. Kiefer survived.

All three occupants of the vehicle—Mr. Kiefer and the Brooks Brothers—had Young Fellows tattoos. Mr. Campbell, who was murdered in January 2007, likewise had a Young Fellows tattoo. The gun used to shoot the occupants of the vehicle was the same gun that was used to shoot Mr. Campbell. The trial court, as noted, granted the State's Prieur motion to introduce evidence of Mr. Campbell's murder at trial in this case.²

As discussed elsewhere, Mr. Jones' sole assignment of error relates to the introduction of the evidence regarding Mr. Campbell's murder.

At trial, the State called the following ten witnesses: 1) Darryl Kiefer, 2) Giselle Roussell, 3) Benja Johnson, 4) Tarez Cook, 5) Ed Delery, 6) Regina Williams, 7) Lucinda Barnes, 8) Harold Wischan, 9) Kenneth Leery, and 10) Dr. Paul McGarry.

1) Darryl Kiefer

Darryl Kiefer was the driver of the vehicle and the surviving victim. He grew up with the two deceased victims, the Brooks Brothers, in the Treme area of New Orleans. After graduating from J.F. Kennedy High School ("Kennedy") in 2005, he went to Belen College in Texas on a basketball scholarship. He onlyattended college there for one year. In August 2006, he returned to New Orleans and attended SUNO. In November or December 2006, he dropped out of school. In the fall of 2006, he worked for Maximum Staffing Temporary Service and began selling marijuana.

Mr. Kiefer stored the money he earned and the money Louis Daniels—a drug dealer—earned at his house. He was friends with Mr. Daniels and knew him from junior high school. He also played basketball with him. Mr. Kiefer met the defendant, Mr. Jones, through Mr. Daniels. Mr. Kiefer was neither a friend of Mr. Jones, nor in business with him.

In December 2006, the money Mr. Kiefer stored at his house—his and Mr. Daniels' money—was stolen. On the day it occurred, the Brooks Brothers, Hillary Campbell, and "Pookie" (a friend) met Mr. Kiefer at his house before going to play basketball. The Brooks Brothers and "Pookie" accompanied Mr. Kiefer to play basketball, but Mr. Campbell took the bus home instead. When Mr. Kiefer returned home from playing basketball, he discovered that the money was missing. He called Mr. Daniels and asked him if he had taken the money. Mr. Daniels denied doing so and came to Mr. Kiefer's house. Mr. Daniels questioned Mr. Kiefer regarding what had occurred. According to Mr. Kiefer, Mr. Daniels told him "Don't worry about it, it's going to come up"; and Mr. Daniels never discussed the incident with him again.

On the day of the shootings (February 15, 2007), Mr. Kiefer began his day in Thibodaux; and he went with his dad to therapy. After therapy, his dad dropped him off at the Brooks Brothers' house because his car was parked near their house. Later that day, Mr. Kiefer and the Brooks Brothers drove to "Tattoo Man's" house in the Ninth Ward. After leaving "Tattoo Man's" house, the trio drove through the Ninth Ward to say hello to Mr. Daniels. The people who were hanging out there told them that Mr. Daniels was not there. Mr. Jones was there, and he asked Mr. Kiefer for a ride to his girlfriend's house, which was located about five minutes away. Mr. Jones got into the back passenger seat of Mr. Kiefer's vehicle and gave Mr. Kiefer directions to his girlfriend's house. Ivan Brooks was in the front passenger seat; Damon Brooks was in the back seat behind the driver, Mr. Kiefer.

When they arrived at Mr. Jones' girlfriend's house, Mr. Jones exited the vehicle and stated: "Be cool." Mr. Jones then pulled out a gun and shot at Mr. Kiefer and the Brooks Brothers. Mr. Jones shot Damon Brooks first. Mr. Kiefer was shot ten times; he was shot in the arm, leg, hands, and chest. After Mr. Jones fled, Mr. Kiefer called 911. Mr. Kiefer saw a woman coming out of a house and called out to her for help. When she failed to respond, he drove the vehicle forward to the front of the woman's house. The woman ran inside stating that she was going to call the police. Shortly thereafter, the police arrived.

Mr. Kiefer acknowledged that in 2009 he pled guilty to possession with intent to distribute marijuana and was sentenced to five years of probation. Whenhe was arrested for the marijuana violation, there was a gun in the car in which he was riding. He also acknowledged that in July 2010 he was arrested for possession of ecstasy; he testified that there had been no discussions with the State about this open charge. Mr. Kiefer denied having a gun in his car on the date of the shootings (February 15, 2007).

Mr. Kiefer also denied murdering Mr. Campbell or having anything to do with Mr. Campbell's murder. Indeed, he testified that he found out about Mr. Campbell's murder (which occurred in January 2007) by reading about it in the newspaper. He also found out from the newspaper that Mr. Campbell had a Young Fellows tattoo. Mr. Kiefer testified that Young Fellows was a basketball team, not a gang. (As noted elsewhere, Mr. Kiefer, the Brooks Brothers, and Mr. Campbell all had Young Fellows tattoos.) Mr. Kiefer testified that the Brooks Brothers were not hustlers; they were not involved in anything illegal. On the other hand, Mr. Kiefer acknowledged that Mr. Daniels was a hustler and a drug dealer.

2) Giselle Roussell

Giselle Roussell, an assistant police communications supervisor, identified the tape of the 911 call received on the date of the murders.

3) Benja Johnson

Officer Benja Johnson of the New Orleans Police Department ("NOPD") testified that he was one of the officers who first responded to the call reporting the shootings. When he arrived on the scene, Officer Johnson observed a white vehicle parked in the street with the passenger door open. When he approached the vehicle, Officer Johnson observed that all three of its occupants had been shot. Officer Johnson notified EMS and attempted to speak to the driver of the vehicle. The driver indicated that "Alfred" had shot them. The other two occupants, one in the front passenger seat and one in the back seat, had expired on the scene. Officer Johnson cordoned off the scene until the crime lab technicians arrived.

4) Tarez Cook

Tarez Cook, a NOPD crime lab technician, was called to process the crime scene. Ms. Cook photographed the scene, collected the evidence found at the scene, and prepared a crime scene report. Another crime scene technician prepared a sketch of the scene, which Ms. Cook identified. Ms. Cook also identified the photographs taken at the scene. No firearms were found on the victims or at the scene. Spent bullet casings were collected.

5) Ed Delery

Ed Delery, an expert in the field of latent print development and a member of the crime lab, processed the vehicle. Mr. Delery took photographs of the vehicle, searched it for evidence, and processed it for latent prints. Nineteen latent prints were found on the exterior of the vehicle, and two latent prints were found in the interior of the vehicle.

6) Regina WilliamsDetective Regina Williams, who participated in the homicide investigation, testified that she was sent to check on the victim, Mr. Kiefer, who was transported to Elmwood Medical Center ("Elmwood"). When Detective Williams arrived at Elmwood, Mr. Kiefer was being prepared for surgery. She spoke with Mr. Kiefer and the physicians treating him. Mr. Kiefer told her that "Alfred" shot him, that he knew Alfred from the Gallier Street area, and that he did not know Alfred's last name. Mr. Kiefer also told him that he gave Alfred a ride to his girlfriend's house, and when Alfred exited the vehicle he shot all three occupants. Mr. Kiefer described Alfred as dark-skinned, slender, tall, and having dread locks. Detective Williams recovered a spent bullet that fell out of Mr. Kiefer's clothes during preparation for surgery. Detective Williams relayed all the information she obtained to Detective Lucinda Barnes.

7) Lucinda Barnes

Detective Lucinda Barnes testified that she was the chief homicide investigator in this case. When she arrived on the scene, she learned that two victims were fatally shot and another victim was shot and transported to Elmwood. Detective Barnes spoke with the first responding officers; they advised her that the homicides occurred in the white vehicle that was on the scene. Detective Barnes observed spent

...