Lawrie v. Snyder
| Decision Date | 15 May 1998 |
| Docket Number | No. 96-469-JJF.,96-469-JJF. |
| Citation | 9 F.Supp.2d 428 |
| Parties | David J. LAWRIE, Petitioner, v. Robert SNYDER, Warden and M. Jane Brady, Attorney General of the State of Delaware, Respondents. |
| Court | U.S. District Court — District of Delaware |
Gary F. Traynor, Prickett, Jones, Elliott, Kristol & Schnee, Dover, DE, Scott E. Chambers, Schmittinger & Rodriguez, Dover, DE, for petitioner.
Loren C. Meyers, Wilmington, DE, John R. Williams, Dover, DE, for respondents.
DEATH PENALTY CASE OPINION
Presently before the Court is a Petition For A Writ Of Habeas Corpus By A Person In State Custody (D.I.4) filed by Petitioner, David J. Lawrie. Pursuant to 28 U.S.C. § 2254, Petitioner requests that this Court vacate his convictions of May 21, 1993 and death sentence of July 8, 1993. For the reasons set forth below, the Petition will be dismissed and the Writ of Habeas Corpus denied.
In May of 1993, Petitioner was tried before a jury in Kent County Superior Court on four counts of Murder in the First Degree, three counts of Possession of a Deadly Weapon During the Commission of a Felony, one count of Arson in the First Degree, and one count of Burglary in the Second Degree. State v. Lawrie, Crim.A. Nos. K-92-08-0180 through 0182 (Del.Super.Ct.1993) ("Lawrie I"). These charges arose from an incident involving the August 6, 1992 deaths of Petitioner's wife, Mrs. Michelle Lawrie, his daughters, Fawn and Tabitha, and a neighbor's child, Charles Humbertson.
According to the testimony offered at trial, Petitioner and Mrs. Lawrie separated in May, 1992 after approximately eight difficult years of marriage. Id. (Tr. at E191-92). Petitioner was living at his mother's home in Dover with the couple's son, Marcus, and Mrs. Lawrie was living in the same neighborhood at her step-father's house with the couple's daughters, Fawn, age 4, and Tabitha, age 2. Id. (Tr. at C27). In July 1992, Petitioner had threatened to kill Mrs. Lawrie. Id. (Tr. at E231-32). On August 5, 1992 he pled guilty to a charge of terroristic threatening filed by Mrs. Lawrie in Family Court. Id. (Tr. at E231-32). He was placed on probation and ordered to have no contact with his wife. Id. (Tr. at D171). On that same day, according to one witness, Petitioner told an acquaintance that he was going to stab his wife to death and then kill himself. Id. (Tr. at C57).
On the morning of August 6, 1992, Petitioner went to the house where Mrs. Lawrie lived. Id. (Tr. at E171). Mrs. Lawrie was at home with the couple's two daughters and two neighborhood children whom Mrs. Lawrie was babysitting; Lisa Humbertson, age 8, and Lisa's brother, Charles Humbertson, age 4. According to Lisa, Petitioner first tried to enter the house through the front door, but when he was unable to do so, broke in through the door leading to the garage. Id. (Tr. at A132-33). When he entered the house, Petitioner was carrying a two-gallon gasoline can and a knife. Id. (Tr. at E175).
Petitioner then began to pour gasoline on the living room carpet while Mrs. Lawrie and the children fled to the bedroom. Id. (Tr. at A134, E177). Lisa first tried to run out the front door, but Petitioner grabbed her and prevented her escape. Id. (Tr. at A135). Lisa then went into the bedroom with the others. Id. (Tr. at A136). Petitioner ignited the gasoline in the living room and broke into the bedroom, still carrying the knife and gasoline can. Id. (Tr. at A137). Petitioner then stabbed his wife as the children watched. Id. (Tr. at A138). He claimed that his intent was not to harm anyone but rather to "scare the hell out of [Mrs. Lawrie]." Id. (Tr. at E169, E176). The autopsy disclosed one puncture wound to the lung that was four inches deep, and four slash wounds, including a superficial slash wound to Mrs. Lawrie's throat and three deeper slash wounds to her forearms and wrist that appeared to be defensive wounds. Id. (Tr. at C93, C100). The Medical Examiner opined that these wounds were caused by a serrated knife like the one carried by Petitioner, rather than by broken glass. Id. (Tr. at C95). The puncture wound to the lung caused massive hemorrhaging and contributed to Mrs. Lawrie's death. Id. (Tr. at C100).
At this point, smoke began to engulf the house, and Petitioner broke through a bedroom window and escaped from the fire. Id. (Tr. at A140, E181). Mrs. Lawrie helped Lisa through the bedroom window, and Petitioner assisted Lisa by placing a step ladder against the outside wall. Id. (Tr. at A141). According to Lisa, as she was running away, she turned to look back at the house and saw what appeared to be Petitioner pushing Mrs. Lawrie back into the burning house as she tried to climb out the window. Id. (Tr. at A141). Petitioner disputed this, claiming that he had called to his wife but did not receive any response. Id. (Tr. at E153).
Instead of attempting to save the children inside, Petitioner ran to a nearby home, where he confessed to a neighbor that he had done something bad. Id. (Tr. at B176, E182). The neighbor called police and Petitioner surrendered. Id. (Tr. at B178). Petitioner made several subsequent confessions in which he admitted starting the fire. Id. (Tr. at A209). Although Petitioner told police that he had been awake all night smoking crack cocaine, none was found in his blood after the arrest. Id. (Tr. at E125, D167). The bodies of Mrs. Lawrie, Fawn, Tabitha and Charles Humbertson were found inside the home. Id. (Tr. at B55).
On May 21, 1993, the jury found Petitioner guilty of one count of Murder in the Second Degree (a lesser included offense of Murder in the First degree) for the killing of his wife, three counts of Felony Murder in the First Degree for the killing of his two daughters and Charles Humbertson, one count of Arson in the First Degree, one count of Burglary in the Second Degree, and three counts of Possession of a Deadly Weapon During the Commission of a Felony. Id. (Tr. at H49-50). Following a capital penalty hearing, the jury recommended by a vote of 9 to 3 in favor of the death penalty. Id. (Tr. of Penalty Hrg. at C15-18). On July 8, 1993, the trial judge adopted the jury's recommendation and ordered Petitioner's execution. Id. (Tr. of Sentencing at 23). Both the convictions and the sentences were affirmed by the Delaware Supreme Court. Lawrie v. State, 643 A.2d 1336 (Del.1994) ("Lawrie II"). The United States Supreme Court subsequently refused to grant certiorari. Lawrie v. Delaware, 513 U.S. 1048, 115 S.Ct. 646, 130 L.Ed.2d 551 (1994).
On November 17, 1994, pursuant to Delaware Superior Court Criminal Rule 61, Petitioner filed a pro se motion for post-conviction relief in the state trial court. The Superior Court granted a stay of execution and held an evidentiary hearing in June 1995 on Petitioner's motion for post-conviction relief. State v. Lawrie, Nos. IK92-08-0180 to IK92-08-0182, 1995 WL 818511 (Del.Super. Nov.28, 1995) ("Lawrie III"), aff'd, 682 A.2d 626 (Del.1996) ("Lawrie IV"). Prior to the hearing, counsel was appointed for Petitioner and counsel filed supplemental material in support of the motion. On November 28, 1995, the Superior Court denied Petitioner's motion for post-conviction relief, which was affirmed by the Delaware Supreme Court on appeal. Id. The case was remanded for the purpose of scheduling an execution date, which was set for November 15, 1996.
On September 20, 1996, Petitioner filed the instant Petition For A Writ Of Habeas Corpus (D.I.4), and on October 24, 1996, the Court granted Petitioner's Motion To Proceed In Forma Pauperis.1 (D.I.2, D.I.11). Petitioner's execution was stayed by this Court on October 25, 1996. (D.I.12). In his Petition, Petitioner raises seven2 grounds for relief: (1) the failure of Petitioner's trial counsel to provide a defense to the three felony murder counts; (2) the inability of the jury to hear and understand Petitioner's attorney at trial and sentencing; (3) trial counsel's failure to object to the prosecutor's improper argument to the jury during opening statements and closing arguments; (4) inadequate notice by the State of non-statutory aggravating circumstances that it intended to present during the penalty phase; (5) trial counsel's failure to develop and present mitigating psychiatric testimony; (6) trial counsel's failure to interview and call a witness during the penalty phase who would have rebutted allegations of Petitioner's violent conduct while incarcerated; and (7) the failure of the trial court to instruct the jury during the penalty phase on the respective burdens of proof regarding aggravating and mitigating factors. The Court will address each of these grounds separately below. Because grounds (1), (3), (5) and (6) all fall within the broader category of ineffective assistance of counsel, the Court will consider these four claims together.
As noted above, four of Petitioner's claims can be categorized as ineffective assistance of counsel claims. These include Petitioner's contentions that his trial counsel: (1) did not provide a defense to the three felony murder counts; (2) failed to object to the prosecutor's purportedly improper argument to the jury; (3) failed to develop and present mitigating psychiatric testimony; and (4) failed to interview and call a witness during the penalty phase of the trial who would have rebutted allegations of Petitioner's violent conduct while incarcerated.
Petitioner first contends that his trial counsel "failed to provide any legal representation" regarding the three first degree felony murder counts of which Petitioner was found guilty. (D.I. 23 at 4). Petitioner asserts that his lack of consent to this approach indicates the inherent unreasonableness of his trial counsel's decision to pursue the defense in the manner that he did. (D.I. 23 at 21). As further evidence of the...
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