Petitioner
Mark Maltese (“Maltese” or
“Petitioner”) brings this pro se
petition for a writ of habeas corpus pursuant to 28 U.S.C
§ 2254, challenging his convictions in New York State
County Court, Genesee County, upon a jury verdict, of Robbery
in the Second Degree (three counts), Burglary in the Third
Degree, Criminal Mischief in the Second Degree and Grand
Larceny in the Third Degree. The Petition asserts that the
convictions were unconstitutionally obtained for various
reasons discussed further below, including that
Petitioner's confession to most of the crimes was
involuntary because at the time he confessed he was
experiencing withdrawal from pain medications and crack
cocaine.[1]For the reasons explained below, the
application for a writ of habeas corpus is denied and this
action is dismissed.
These
subject convictions flowed from a series of criminal offenses
committed between March and November of 2013, in and around
Batavia, New York. The spree began on March 26, 2013 when
Petitioner and Jon Bush (“Bush”) stole a safe
belonging to Bush's grandmother, containing thousands of
dollars; then, on November 21, 22, and 24, 2013
respectively, Petitioner committed solo armed robberies at a
Best Western Hotel, 7-Eleven Convenience Store and Days Inn
Hotel; and, finally, on November 27, 2013, Petitioner and
another man committed a late-night burglary at a
Rent-A-Center store, during which they stole a television and
damaged various other property (a television, a plate-glass
window and various store fixtures). All of the crimes were
committed in the City of Batavia, except for the 7-Eleven
robbery which was committed in the nearby Village of
Oakfield.
The
events leading to Petitioner's arrest were as follows. A
witness to the last crime, the Rent-A-Center burglary
followed the burglars' car to a nearby residence and
notified the police of the location, which was 4129 Colonial
Boulevard in the City of Batavia, situated essentially across
the highway from the Rent-A-Center. Detective Todd Crossett
(“Crossett”) of the Batavia Police Department
arrived at the location and, after speaking with the witness,
observed two sets of footprints in the snow leading from the
getaway car to the house. Crossett had some conversation with
the woman who answered the door of the residence, Lisa
Harlach (“Harlach”), after which Robert Grant
(“Grant”) emerged from the house and admitted to
committing the burglary. Harlach then gave the officers
permission to enter the house and retrieve the stolen
television. Upon entering, the officers observed Petitioner
carrying the stolen television. Officers also observed a pair
of lime-green rubber gloves matching the description of
gloves that had
been worn by the perpetrator of the 7-Eleven robbery five
days earlier. Harlach provided a written consent giving
permission to search the house and indicating that Grant and
Petitioner had left the house and returned shortly thereafter
with the stolen television. Upon searching the house,
officers discovered Petitioner's black and red Nike
sneakers, similar in appearance and tread pattern to the
sneakers worn by the 7-Eleven robber.[2]Petitioner's girlfriend
subsequently gave police permission to search her apartment,
where Petitioner had been staying, and police discovered,
among other evidence, a coin tray that had been taken during
the robbery at the Days Inn Hotel.
Coincidentally,
one of the investigating officers from the Genesee County
Sheriff's Office, Investigator Ronald Welker
(“Welker”), was a long-time friend of Petitioner.
More specifically, Welker and Petitioner had been friends for
over twenty years. Several hours after Petitioner's
arrest, he agreed to waive his Miranda rights and
give a statement to Welker. In that regard, the Genesee
County Sheriff had a policy recommending that statements
taken in cases involving certain enumerated felonies be
videotaped, if practical. However, Welker did not videotape
the statement since he was already aware that Petitioner
would not speak if he was being recorded.[3] The confession,
which was reduced to writing and signed by Petitioner,
stated, in pertinent part:
[M]y name is Mark J. Maltese and my date of birth is
04-09-70. On Wednesday November 20th late night
into the early morning hours of November 21st I
was in my girlfriend's car, a green Toyota Camry. I went
to the area of the Best Western on the road that leads to the
thruway entrance. I was there with the intention of robbing
the hotel, to get money
to buy crack cocaine. The car was parked near the door to the
Best Western. I went inside the hotel with jeans, a black
hoodie with “Army” on it, black gloves, a black
knit hat, black and red Nike sneakers, and a red bandanna
covering my face. I had a silver-colored BB gun with me. Once
inside I walked up to the clerk, pulled out the BB gun and
said “Gimme all your money” the clerk then said
“are you kidding me?” I said “No I'm
not kidding you this is a robbery.” The clerk kept
asking me if I was kidding her, but I told her that I was
serious. The clerk then went into the cash drawer and handed
me a bunch of money. I then walked out of the hotel and got
back in the car and left the area. I then went back to where
my girlfriend lives at 29 Dellinger Ave. and went up into the
attic to figure out what I was going to do next. I then took
the money that I got from the robbery which was around $300
and went and spent the entire amount on crack cocaine, and
smoked all of it that same night.
On Thursday night November 21st into the early
hours of November 22nd I was in my
girlfriend's car, the same green Toyota Camry. I went to
the area of the 7-Eleven store on Rt. 63 in Oakfield. I was
there with the intention of robbing the store, to get money
to buy crack cocaine. While in the car I pulled up to the
stop sign that is right next to the store. I then backed up
from the stop sign and parked along side the store. I went
inside the store with jeans, a brown hoodie with some design
on it, black gloves, a knit hat, black and red Nike sneakers,
and a purple bandanna covering my face. I again had the same
silver colored BB gun with me. Once inside I walked up to the
clerk pulled out the BB gun and told her to give me all the
money. The clerk then gave me money out of the cash drawer
which amounted to about fifty dollars. I then walked out of
the store and ran back to the car and left the area. I then
drove to the area of Rt. 5 near the Willowbend bar and threw
the BB gun out the window. I then went back to where my
girlfriend lives at 29 Dellinger Ave. and went up into the
attic again to figure out what I was going to do next. I then
took the money that I got from the robbery which was around
$50 and went and spent the entire amount on crack cocaine,
and smoked all of it that same night.
On Saturday night November 23rd into the early
hours of November 24th I was in my
girlfriend's car, the same green Toyota Camry. I went to
the area of the Day's Inn in Batavia near the Bob Evans
Restaurant. I was there with the intention of robbing the
hotel, to get money to buy crack cocaine. While in the car I
pulled up near the hotel. I went inside the hotel with jeans,
a black hoodie with “New York” on it, black
gloves, a knit Sabres hat, black
and red Nike sneakers, and a black bandanna covering my face.
I had a Remington 870 shotgun that was not loaded with me.
Once inside the hotel I walked up to the clerk with the
shotgun in my hands and told him to give me all the money.
The clerk then gave me money out of the cash drawer which
amounted to about two-hundred dollars along with a metal
change tray that had about six dollars and fifty cents. I
then walked out of the hotel and ran back to the car and left
the area. I then went back to where my girlfriend lives at 29
Dellinger Ave. and went up into the attic again to figure out
what I was going to do next. I then took the money that I got
from the robbery which was around $299 and went and spent the
entire amount on crack cocaine, and smoked all of it that
same night.
Investigator Welker showed me a pair of black and red Nike
sneakers that I identified as being my sneakers and that they
were also the sneakers that I wore in each of the three
robberies described above. Investigator Welker also showed me
the silver colored BB gun that I identified as the BB gun
that I used in the first two robberies described above.
Investigator Welker showed me a metal tray silver in color
that I identified as the change tray that I got in the Days
Inn robbery. Investigator Welker showed me a pair of green
and blue gloves that I identified as the gloves I wore during
the robbery at the 7-Eleven in Oakfield. All of the other
clothes used in the three robberies were destroyed.
I have been struggling with a major addiction to crack
cocaine for about the past six or eight months. This
addiction has consumed me and the majority of my money goes
to by crack to feed my addiction. My crack use got way out of
control and I didn't know how to stop or slow down with
smoking it. I became desperate for money so that I could get
more crack cocaine, so I turned to robbing places to get the
money I needed for the crack. Every bit of proceeds from the
three robberies went to buy crack for me to smoke. I was out
of control with my addiction and didn't know where to
turn.
ECF No. 1-1 at pp. 88-89. This statement contained numerous
details that were not known to the public, which were
corroborated by the testimony of the various robbery victims.
Additionally,...
