Magnotta v. Berry

• Decision Date: 09 November 1995
• Docket Number: No. 91 Civ. 0531 (DNE).,91 Civ. 0531 (DNE).
• Citation: 906 F. Supp. 907
• Parties: Dennis MAGNOTTA, Petitioner, v. Carl BERRY, as superintendent of Woodbourne Correctional Facility and the Attorney General of the State of New York Respondents.
• Court: U.S. District Court — Southern District of New York

906 F. Supp. 907

Dennis MAGNOTTA, Petitioner, v. Carl BERRY, as superintendent of Woodbourne Correctional Facility and the Attorney General of the State of New York Respondents.

No. 91 Civ. 0531 (DNE).

United States District Court, S.D. New York.

November 9, 1995.

COPYRIGHT MATERIAL OMITTED

Morosco and Cunard, White Plains, New York (B. Anthony Morosco, of counsel), for petitioner.

Robert M. Morgenthau, District Attorney New York County, New York City (Robert M. Raciti, Laurie Sapakoff, of counsel), for respondents.

OPINION & ORDER

EDELSTEIN, District Judge:

Petitioner Dennis Magnotta ("petitioner") seeks a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254.¹ Petitioner challenges his New York State Supreme Court convictions for four counts of sodomy in the first degree, three counts of rape in the first degree, one count of attempted rape in the first degree, and two counts of robbery in the first degree. Petitioner was sentenced to and is serving concurrent prison terms of six to eighteen years for each of the sodomy and rape counts, nine to eighteen years for the robbery counts, and four to twelve years for the attempted rape count. This Court referred the instant petition to then United States Chief Magistrate Judge Nina Gershon ("Magistrate Judge Gershon") for a Report and Recommendation ("the Report").²

BACKGROUND

Petitioner's convictions stem from four alleged separate sexual assaults on prostitutes that occurred between September and October 1983. Petitioner's alleged modus operandi during each of these four episodes was largely the same.

The first prostitute, Mary Battle ("Battle"), claimed that in the summer of 1983, petitioner, who was driving a black Lincoln Continental, approached her and offered her $40 in exchange for oral sex. (Tr. 202-05, 213.)³ Battle agreed and entered petitioner's car, and he gave her the money. (Tr. 202-05.) Battle saw that petitioner had a name plate on the dashboard of his car, bearing the name "Dennis Magnotta." (Tr. 213-14.) After Battle entered the car, petitioner pulled out a knife and a gun and threatened to kill her if she tried to escape. (Tr. 206-08.) Petitioner also ordered Battle to give him back the $40 and give him any other money she had. (Tr. 207.) Battle did as petitioner ordered. (Tr. 207.) Petitioner then drove north on the Westside Highway and continued driving until he reached a parking lot that Battle thought was located in Mount Vernon, New York. (Tr. 209.) Still threatening her with the gun, petitioner forced her to perform oral sex. (Tr. 211.) Next, petitioner ordered Battle out of the car and told her not to attempt to escape. (Tr. 212.) During this time, petitioner threatened Battle with the gun and a blackjack. (Tr. 212.) After exiting the car, however, Battle noticed two pedestrians nearby, and she screamed for help. (Tr. 212.) Petitioner got back into his car and sped off quickly. (Tr. 213.) Battle, who had memorized petitioner's license plate number, called the Mount Vernon police. (Tr. 213.) After the police came, Battle went to the police station and told the police what had happened. (Tr. 216-17.)

The second prostitute, Nancy Brooks ("Brooks"), testified at trial that in late September 1983, petitioner, who was driving a dark blue Lincoln Continental, approached her and offered her $25 in exchange for oral sex. (Tr. 134, 142.) Brooks entered petitioner's car. Petition told Brooks that his name was "Dennis," and Brooks saw a name plate on petitioner's dashboard, which bore the name "Dennis Magnotta." (Tr. 143, 151.) Petitioner then paid Brooks, and Brooks performed oral sex on petitioner. (Tr. 135.) Thereafter, petitioner pulled out a gun and told Brooks not to move. (Tr. 136-38.) Petitioner proceeded to drive north for approximately two hours, and while he was driving, petitioner snorted a white powder. (Tr. 140-41.)

Brooks claimed that petitioner stopped his car in the parking lot of the Quality Inn in Hawthorne, New York, and handcuffed her to the steering wheel. (Tr. 142-44.) Petitioner then returned to the car, took Brooks to a room at the Quality Inn, and proceeded to rape and sodomize Brooks for several hours. (Tr. 140-49.) After spending approximately five hours at the hotel, petitioner took Brooks back to the car and drove back to Manhattan. (Tr. 149-52.) Petitioner then ordered Brooks to give him all of her money. (Tr. 152-54.) Brooks handed petitioner approximately $350, and petitioner returned a small amount of this money to Brooks. (Tr. 152-54.) Petitioner then let Brooks leave the car in Manhattan, and Brooks telephoned the Hawthorne and Poughkeepsie police. (Tr. 155.)

The third prostitute, Michele Slater ("Slater") testified that on October 1, 1983, petitioner, who was driving a black Lincoln Continental, approached her and offered her money in exchange for oral sex. (Tr. 255-57.) As Slater entered petitioner's car, petitioner pushed her inside and pointed a gun at her. (Tr. 256-58.) Slater testified that she saw a name plate which bore the name "Dennis Magnotta" inside petitioner's car. (Tr. 264.) After parking at several locations, petitioner drove to a highway in Manhattan and then drove north. (Tr. 259-61.) While driving, petitioner snorted cocaine. (Tr. 262, 265.)

After driving for approximately two hours, petitioner parked the Lincoln outside a hotel, handcuffed Slater to the steering wheel, and entered the hotel. (Tr. 264-65, 271-72.) Slater attempted to blow the car's horn, but the horn did not sound. (Tr. 266.) Thereafter, petitioner returned to the car, and led Slater at gunpoint into a room at the hotel. (Tr. 266-68.) In this room, petitioner opened a briefcase that contained a knife, a rope, some wire, and another gun. (Tr. 270-71.) Petitioner also took out a blackjack and hit Slater with it. (Tr. 271.) In the hotel room, petitioner raped and sodomized Slater. (Tr. 269-73.) After approximately four hours, petitioner and Slater returned to petitioner's car, and he drove to Manhattan, where petitioner released her. (Tr. 271, 273-74.) After going to her home and taking a shower, Slater went to a police precinct on 54th Street, spoke with a police sergeant who had arrested her on several occasions for loitering, and filed a complaint. (Tr. 274-76.)

The fourth prostitute, Patricia Burkett ("Burkett"), testified that on October 2, 1983, petitioner, who was driving a black Lincoln Continental, approached her. (Tr. 47-49, 70.) Burkett asked petitioner if he wanted a date, and he said that he did. (Tr. 48-49.) Burkett entered petitioner's car, and petitioner agreed to pay Burkett $30 for oral sex. (Tr. 49.) Burkett testified that she saw a name plate on petitioner's dashboard, which bore the name "Dennis," although she stated that she could not recall the last name on the name plate. (Tr. 70.) Petitioner then pulled out a gun and pointed the gun at Burkett, warning her not to move or he would shoot her. (Tr. 53-54.) Petitioner then proceeded to drive North on the Westside Highway for approximately two hours, and during this time petitioner snorted a white powder. (Tr. 54-58.) Petitioner stopped near the hotel and put Burkett in the trunk of his car (Tr. 58-59.). After about ten minutes, petitioner removed Burkett from the trunk of his car and handcuffed her to the steering wheel. (Tr. 59.) Petitioner entered the hotel, and he returned shortly and led Burkett into a room at the hotel. (Tr. 59.)

In the hotel room, petitioner repeatedly raped and sodomized Burkett. (61-66.) Burkett observed that petitioner possessed a gun, a switch-blade knife, and a blackjack. (Tr. 64.) Moreover, while in the room, petitioner handcuffed Burkett to the shower, handcuffed her to the bed, struck her with a blackjack, and threatened to kill her. (Tr. 60-62.) Throughout this time, petitioner continued to snort a white powder. (Tr. 65-67.)

After spending approximately an entire day in the hotel room, petitioner and Burkett returned to the car and drove to Manhattan. (Tr. 68-69.) Petitioner then parked the car and forced Burkett to perform oral sex. (Tr. 67-68.) Petitioner then took all of Burkett's money and left her between 95th and 96th Streets. (Tr. 69.) Burkett proceeded to walk to 42nd Street, where she flagged down the patrol car of two police officers she knew. (Tr. 70-71.) The officers spoke with Burkett for several hours and then brought her to a hospital. (Tr. 71, 94, 477.)

On October 11, 1983, Burkett saw petitioner driving a black Lincoln Continental in Manhattan. (Tr. 71-72, 113-114.) Burkett immediately flagged down an unmarked police car and explained to the officers that the man in the black Lincoln had "kidnapped" her. (Tr. 72.)

The police arrested petitioner, and after searching petitioner and his car, they found a gun, a switchblade knife, and a set of handcuffs. (Tr. 513-16, 551-54.) The police also found a name plate bearing the name "Dennis Magnotta" in the passenger compartment of petitioner's car. (Tr. 517.) On October 18, 1983, Nancy Brooks and Michele Slater separately identified petitioner in a lineup. (Tr. 165, 283-89.)

Petitioner largely denied all of the accusations made by the complaining witnesses. Petitioner claimed that he had never raped any woman and that he had never seen Brooks, Burkett, or Slater until his trial. (Tr. 700-02, 764.) Petitioner stated that he had encountered Battle on one occasion. (Tr. 692.) Petitioner claimed that on the evening of September 19, 1983, he was driving home from a local bar when he saw Battle standing in the middle of the street and attempting to flag him down. (Tr. 692.) Petitioner claimed that Battle was upset and looked as if she had been beaten. (Tr. 692-93.) Petitioner claimed that Battle stated that she had been robbed, and petitioner offered to drive her to a police station. (Tr. 693.) Petitioner contends that Battle entered his car, stated that she was a prostitute, and asked petitioner if he wanted a date. (Tr. 693.) Petitioner...