Martinez-Macias v. Collins
| Citation | 810 F. Supp. 782 |
| Decision Date | 06 November 1991 |
| Docket Number | No. EP-88-CA-473-B,88-0961R-01.,EP-88-CA-473-B |
| Parties | Federico MARTINEZ-MACIAS, Texas Department of Corrections Death Row Inmate No. 771 v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division. |
| Court | United States District Courts. 5th Circuit. Western District of Texas |
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Douglas G. Robinson, Skadden, Arps, Slate, Meagher & Flom, Washington, DC, Randall T.E. Coyne, Norman, OK, for petitioner.
Robert S. Walt, Asst. Atty. Gen., Austin, TX, for respondent.
BEFORE THIS COURT is Petitioner's Application for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in the above-captioned cause. Petitioner timely filed written objections. Respondent timely filed written objections and Petitioner Responded. After consideration of the Petition and Report and Recommendation of Magistrate Judge Janet Ruesch, this Court is of the opinion the Magistrate Judge's Report and Recommendation should be ADOPTED and the Petition for Writ of Habeas Corpus should be GRANTED.
The Magistrate Judge limited her constitutional error examination to the ineffective assistance of counsel at the guilt and sentencing phases of Petitioner's trial. Pursuant to Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the Magistrate Judge concluded Petitioner's trial counsel's performance fell outside the wide range of reasonable professional conduct, and Petitioner was prejudiced by counsel's shortcomings. There is a reasonable probability Petitioner would have received a life sentence in prison in lieu of the death sentence he received for the murders of Robert and Naomi Haney which occurred on December 7, 1983.
The Report and Recommendation and the parties' briefing is extensive. Magistrate Judge Ruesch painstakingly addressed the facts and extensively applied the law, thus this Court deems unnecessary an extensive rehash. Consequently, this Court will summarily address the parties' objections in order to supplement the record.
Respondent objects to the Magistrate Judge concluding the State court failed to conduct a full and fair evidentiary hearing as required by Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963). "A federal evidentiary hearing is required unless the State-court trier of fact has after a full hearing reliably found the relevant facts." Id. at 312-13, 83 S.Ct. at 757. The Magistrate Judge correctly concluded the presumption of correctness under 28 U.S.C. § 2254(d) was not applicable.
Respondent contends Petitioner failed to offer sufficient reasons justifying the evidentiary hearing conducted by the Magistrate Judge. "In capital proceedings generally, thee Supreme Court has demanded that factfinding procedures aspire to a heightened standard of reliability." Ford v. Wainwright, 477 U.S. 399, 411, 106 S.Ct. 2595, 2602, 91 L.Ed.2d 335 (1986).
Streetman v. Lynaugh, 812 F.2d 950, 958 (5th Cir.1987) (quoting Townsend) (citations omitted).
The State court failed to adequately develop the material facts necessary at either the guilt or sentencing phase of Petitioner's trial. As a result of the deficiencies, the Magistrate Judge correctly decided a hearing was required to permit the full development of material facts necessary for Petitioner's federal claims. Both sides were given a full and fair opportunity to develop the facts. As a result of the hearing, an expansive record was developed which provided a firm basis for the Magistrate Judge's decision.
Respondent objects to the Magistrate Judge concluding a disinterested witness was available at the time of trial, Mario Carreon, who could have provided Petitioner an alibi for the day the crimes in question were committed. At trial, the only evidence placing Petitioner at the scene of the crime was Pedro Luevanos, the alleged accomplice who testified pursuant to a plea agreement. Petitioner was charged with the assault on and robbery of Frank Kolenberg in California in September 1982. The State did not introduce evidence of the Kolenberg offense. However, Petitioner's counsel feared any alibi testimony would open the door to the Kolenberg offenses, an extraneous offense for which Petitioner had not been convicted.
Respondent contends Petitioner's counsel acted reasonably by not taking the risk of opening the door to presentation of the extraneous Kolenberg incident. However, the Magistrate Judge found Petitioner's counsel never researched whether the Kolenberg crime was sufficiently similar to the murder in question to be introduced. As the Magistrate Judge reasons, counsel's research of Texas law would have proved incorrect his assumption regarding the admissibility of the Kolenberg offenses. Therefore, the Magistrate Judge concluded trial counsel's failure to use Mr. Carreon as an alibi witness was not a reasonable strategic decision, and the failure constituted deficient performance.
Texas law exists on which Defense counsel could have relied for the proposition the Kolenberg crime was not admissible at the guilt phase. In order for the extraneous offense to be admissible for the purpose of proving identity, the extraneous offense must be so similar to the one at issue so as to be the "signature" of the Petitioner's modus operandi. As the Magistrate Judge delineated, the differences between the Kolenberg crimes and the crimes at bar far outweigh the similarities, thus precluding the Kolenberg crimes from being introduced to prove identity. As Petitioner contends, identity was put into issue by the trial counsel. The use of Mr. Carreon as an alibi witness would not have increased the risk.
Respondent further claims the danger of opening the door to the extraneous Kolenberg offenses existed as trial counsel could not account for Petitioner's whereabouts on December 6, 1983, the possible date of the crimes of which Petitioner was convicted. Counsel's investigation tended to place Petitioner in the company of Mr. Luevanos, and counsel was unable to sufficiently confirm the possibility of an unnamed second person having committed the crime. However, Petitioner correctly points to Respondent's attempt to make the introduction of the alibi contingent on the defense being able to provide unnecessary information. By the time Mr. Carreon could have been called as a witness, the State held the position the crime occurred on December 7, 1983. Furthermore, Petitioner's sole defense at trial was he did not commit the crime. Mr. Carreon's alibi testimony was powerful evidence in support of Petitioner's defense. Under these circumstances, counsel's failure to call Mr. Carreon fell outside the range of professionally competent assistance as concluded by the Magistrate Judge. Counsel's failure to put on an alibi defense prejudiced Petitioner and undermined the confidence of the outcome.
Respondent objects to the Magistrate Judge's finding that Petitioner's trial counsel acted unreasonably in failing to present testimony from either defense investigator Cecil Ming or Petitioner's daughters to rebut Jennifer Flores' testimony. Jennifer and her mother, Lucy Flores, were surprise witnesses announced by the State whose testimony the Magistrate Judge called "devastating." Jennifer testified at trial she saw Petitioner in the bathroom of his trailer one afternoon with blood on his hands and shirt. The afternoon in question was prior to Jennifer staying at Petitioner's house with his daughters. Lucy testified about the specific date Jennifer saw Petitioner and the questionability of Jennifer's memory.
Trial counsel never interviewed Petitioner's daughters who could have provided valuable testimony to refute the testimony of Jennifer. Mr. Ming could have provided valuable evidence casting further doubt on the testimony of Jennifer and Lucy Flores as the Magistrate Judge concluded. Ignoring the witnesses to refute the devastating trial testimony provided no strategic advantages. The Magistrate Judge correctly concluded counsel's failure to talk to Petitioner's daughters and to use either the children or Mr. Ming to respond to this testimony constituted ineffective assistance of counsel. Further, counsel's failure to refute the devastating testimony prejudiced Petitioner and undermined the confidence of the outcome.
The Magistrate Judge concluded Petitioner's counsel should have investigated and presented evidence from family members regarding Petitioner's good character traits. Respondent objects and claims the additional testimony would have been duplicative. However, Petitioner's counsel failed to interview the family members in order to make a proper determination. Additionally, counsel's failure to prepare Janet Macias, Petitioner's wife, for testimony at the sentencing stage of the trial added to the Magistrate Judge's finding of ineffective assistance of counsel.
The Magistrate Judge further determined Petitioner's counsel should have investigated and presented evidence from expert testimony regarding Petitioner's deprived social background, and Petitioner's counsel failed to utilize records from the California Rehabilitation Center (CRC)...
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