Lawrence v. Artuz
| Decision Date | 04 April 2000 |
| Docket Number | No. CV981610.,CV981610. |
| Citation | 91 F.Supp.2d 528 |
| Parties | Deon LAWRENCE, Petitioner, v. Christopher ARTUZ, Superintendent Green Haven Correctional Facility, Respondent. |
| Court | U.S. District Court — Eastern District of New York |
Deon Lawrence, Stormville, NY, petitioner pro se.
Denis Dillon, Nassau County District Attorney, by Tammy J. Smiley, Noreen Healey, Assistant Nassau County District Attorneys, Mineola, NY, for respondent.
Deon Lawrence petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 1993 state court convictions on murder and robbery charges. For the reasons discussed below, the petition is denied.
On the night of November 14, 1991, Peter Reitberger and Marco Nunez went to Abermerle Avenue in Hempstead, New York, to purchase crack cocaine. They were robbed at gunpoint, by Petitioner, Deon Lawrence ("Lawrence" or "Petitioner") and his cohort, Geddis Harris. During the course of the robbery, Lawrence used a sawed-off double barreled shotgun which he brought to the robbery to shoot and kill Peter Reitberger. Marco Nunez escaped from the scene and Petitioner and Harris fled before the arrival of the police.
Shortly after the shooting, Nunez met with the Nassau County detective assigned to the case, Detective Martin Alger. Nunez related the following events to Detective Alger. On the night of November 21, 1991, at approximately 11:00 P.M., Nunez and Reitberger left their apartment on Villa Court in Hempstead to go to Abermerle Avenue to purchase crack cocaine. Reitberger took $10 with him for the purchase.
When they arrived at Abermerle Avenue, Nunez and Reitberger were approached by two black men, one of whom was carrying a black gym bag and the other of whom asked the pair for a cigarette. Reitberger said they had no cigarettes but that they wanted to buy crack. The man with the gym bag (later identified as Lawrence) directed Nunez and Reitberger to an alleyway behind an apartment complex on Abermerle Avenue. Once they were in the back alley, the man with the gym bag removed a sawed-off shotgun from the bag, pointed it at Reitberger's face, and announced the robbery. Nunez and Reitberger were ordered to stand against the fence and one of the men took the $10 Reitberger had in his pocket.
During the course of the robbery, Nunez and Reitberger were ordered by the robbers to take off their pants. When they refused, a scuffle ensued between Reitberger and the gunman. Nunez saw the gunman hit Reitberger with the gun and saw Reitberger face the gunman. As Nunez ran from scene, he heard the gunfire that killed Reitberger.
After the interview with Nunez, Detective Alger determined that Lawrence was a suspect in the Reitberger shooting. Alger had Nunez review police photographs on several different occasions. Nunez was repeatedly unable to identify the shooter. Finally, Alger prepared a photographic array, which included a photograph of Lawrence, to be presented to Nunez. This array was prepared by having a police department computer cull photographs matching the physical description of the shooter provided by Nunez. The computer's chosen photographs were put in a packet along with a photograph of Lawrence and shown to Nunez. Nunez immediately and unequivocally identified Lawrence as the shooter.
Upon Nunez's identification of Lawrence, Alger undertook to have Lawrence arrested by Nassau County police officers. The police arrested Lawrence on December 6, 1991, and he was brought in for questioning by Detective Alger.
When he was arrested, Lawrence was in possession of a gun. He told Alger that he thought he was arrested for that possession. Alger then advised Lawrence of his Miranda rights by reading the rights from a "Miranda card." He showed the card to Lawrence who then read his rights. Alger asked Lawrence if he understood his rights, Lawrence answered "yes," wrote the word "yes" across the card and signed the card. Alger then asked Lawrence if he would be willing to answer some questions without a lawyer being present. Lawrence responded affirmatively again and signed the portion of the card acknowledging his understanding of the waiver of his Miranda right to have an attorney present. At that point, the questioning of Lawrence regarding the murder of Peter Reitberger began.
Alger advised Lawrence that he was identified as the gunman in a shooting that took place on Abermerle Avenue in Hempstead and that he was being charged with the crime. While he initially denied any involvement in the shooting, Lawrence soon admitted that he was in the alleyway and admitted to firing the gun that killed Reitberger. Lawrence told Alger the following story regarding the events of November 21, 1991.
On the night of the shooting, Lawrence and Geddis left Freeport at approximately 5:30 P.M. At the time, Lawrence took with him a sawed-off shotgun in a gym bag. The pair originally intended to visit a hair-stylist and friends. Later that evening, however, Lawrence and Geddis took a bus to Hempstead with the intention of committing a robbery. When they arrived at Hempstead, they met an acquaintance named "Poncho." Poncho had sold the gun in the gym bag to Lawrence and Lawrence owed Poncho money for the purchase. Lawrence told Poncho that he and Geddis were going to rob someone and he would use the money to pay Poncho for the gun.
Lawrence and Geddis proceeded to Abermerle Avenue where they came upon two Puerto Rican men (later identified as Nunez and Reitberger). Lawrence said the Puerto Ricans approached him and Geddis and asked where they could purchase crack. Lawrence directed the pair to the alley where he and Geddis proceeded to commit the robbery. Lawrence's version of the events was, essentially, identical to the version provided to police by Nunez. He admitted to robbing Reitberger of $10 and to the scuffle that ensued when Nunez and Reitberger were told to remove their pants.
Lawrence admitted to firing the gun that killed Reitberger. He explained that the shooting took place when Reitberger attempted to grab the gun. Lawrence stated that after the shooting, he and Geddis concealed the weapon under a nearby truck. They later returned to the scene to retrieve the weapon and brought it to Poncho, where it was later found by police, along with Lawrence's gym bag.
Lawrence's story was transcribed by Detective Alger into a nine page statement. Alger presented the document to Lawrence for his review. Lawrence read the statement, out loud at first, and later to himself. Lawrence confirmed to Detective Alger that the statement as written was correct and declined to add or change anything written by Alger. During the entire interrogation by Alger, Lawrence never asked to speak with an attorney or any family members.
Prior to trial the state court held a combined Wade, Huntley and Mapp hearing to determine: (1) whether there was probable cause to arrest Lawrence based upon the photographic identification of Nunez; (2) the admissibility of Lawrence's confession and (3) the admissibility of the gun retrieved from Poncho.1
Detective Alger testified at the hearing regarding the scene of the crime and the version of the crime as related to him by Nunez. He further testified as to the method used for assembling the photographic array and Lawrence's waiver of his Miranda rights. Finally, Alger testified regarding his interrogation of Lawrence and Lawrence's agreement to Alger's transcribed statement of the events on the night of the shooting.
Lorraine Cerar, an employee of the Education Assistance Corporation ("EAC"), a company that, inter alia, conducts testing and offers career counseling, testified on behalf of Lawrence. Cerar testified that she had reviewed the results of academic tests administered to Lawrence when he enrolled in a GED program administered by EAC. Cerar stated that the results of Lawrence's testing revealed that his vocabulary skills were at the third grade level and his reading skills were at approximately the fourth grade level. Lawrence's comprehension skills were assessed at approximately the sixth grade level. His spelling and "language mechanics" grades were lower, at approximately the first grade level. On cross-examination of Cerar, it was brought out that Lawrence had successfully completed the tenth grade at Hempstead High School.
The state trial court overruled all defense objections raised at the pretrial hearing. The photographic array prepared by Detective Alger was not found improperly suggestive and was therefore held to be constitutionally appropriate. The court held that Nunez's identification of Lawrence was proper and constituted probable cause for his arrest. The court also upheld the police seizure of the shotgun used to kill Reitberger.
The state court further held that Lawrence was properly advised of his Miranda rights and that he had knowingly, intelligently and voluntarily waived those rights. The trial judge credited the testimony of Alger regarding Lawrence's review and assent to the story as set forth in the written statement. The court found Lawrence to be competent and literate and that he fully understood the circumstances of the case as well as the waiving of his Constitutional rights. Thus, the court found Lawrence's statement admissible in its entirety.
At trial, Nunez testified regarding the events of November 21, 1991, as set forth above. Also testifying at the trial was Evelyn Collins, a resident of Abermerle Avenue who lived with Pam Curry, an acquaintance of Lawrence and Geddis. Collins testified that Lawrence and Geddis were...
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