Murrell v. Giroux, CASE NO. 1:13-CV-2573

• Decision Date: 23 January 2018
• Docket Number: CASE NO. 1:13-CV-2573
• Parties: LAWRENCE MURRELL JR., Petitioner v. SUPERINTENDENT NANCY GIROUX, Respondent
• Court: U.S. District Court — Middle District of Pennsylvania

LAWRENCE MURRELL JR., Petitioner v. SUPERINTENDENT NANCY GIROUX, Respondent¹

CASE NO. 1:13-CV-2573

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

January 23, 2018

(Judge Caldwell)

MEMORANDUM

Petitioner Lawrence Murrell Jr. ("Murrell"), an inmate at the State Correctional Institution in Albion, Pennsylvania, challenges his state-court conviction and sentence of life imprisonment without parole for first-degree murder, criminal conspiracy, and abuse of a corpse. Murrell's claims for relief, pursuant to 28 U.S.C. § 2254, are ripe for review. For the following reasons, we will appoint counsel to represent Murrell and hold an evidentiary hearing concerning three of Murrell's § 2254 claims.

I. Background²

In the early morning hours of December 24, 2005, Ashton Chilcoat ("Chilcoat") was working as a volunteer firefighter for the Hereford Volunteer FireCompany. (Doc. 48-4 at 95). Around 1:30 a.m., Chilcoat was asked to respond to the scene of a reported brush fire off the right-hand shoulder of Interstate 83 South in Baltimore County, Maryland. (Doc. 48-4 at 95-98). When Chilcoat arrived, he saw what initially appeared to be a tree stump that was on fire; however, when he approached the burning object, he discovered that it was a human body. (Doc. 48-4 at 96, 99). In response, Chilcoat contacted the fire department, and shortly thereafter the police were notified. (Doc. 48-4 at 99-100). Eventually, the fire was extinguished and police took over the scene to process evidence. (Doc. 48-4 at 100).

A. The Commonwealth's Law Enforcement and Expert Witnesses

Doctor Zabiullah Ali ("Dr. Ali"), Assistant Medical Examiner for the State of Maryland, conducted the autopsy on December 24, 2005. (Doc. 48-6 at 94-95, 98). Dr. Ali testified that the body had been severely burned and charred, in addition to having been shot four times by a handgun. (Doc. 48-6 at 98-99; Doc. 48-7 at 17). With respect to the gunshot wounds, Dr. Ali observed one on the right side of the victim's head, one on the right side of his face, one on the right side of his neck, and one to the backside of his left hand. (Doc. 48-6 at 98-99; Doc. 48-7 at 8-10). Dr. Ali classified the gunshot wounds to the head as "rapidly fatal," meaning that death would have occurred "within minutes." (Doc. 48-6 at 100). He further concluded that the victim was already dead when the body was set on fire, due to the lack of soot in the airways and a normal carbon monoxide level. (Doc. 48-7 at 1-2).

Kathi Michael ("Michael"), a Forensic Technician for the Baltimore County Crime Lab, was responsible for responding to crime scenes in order to document, collect, preserve, and package pertinent evidence for further analysis. (Doc. 48-5 at 4-5). OnDecember 24, 2005, Michael was called to the scene—in Upper Cockeysville, Maryland—where Chilcoat found the body. (Doc. 48-5 at 5-6).

Before the body was removed from the scene, Michael collected a lighter, an empty soda can, an automobile fuse, an empty cardboard box, a French fry container, and charred evidence "such as plastic and other debris." (Doc. 48-5 at 7-8, 11-13, 17-20). After the body was removed, additional debris was discovered. (Doc. 48-5 at 22). Specifically, Michael discovered remnants of dry wall or other trash that can be found at a construction site, as well as charred plastic. (Doc. 48-5 at 22). Regarding the plastic material, Michael observed black plastic that was severely charred and melted together, and a clear plastic that was "more intact." (Doc. 48-5 at 22).

Detective Brian Edwards ("Detective Edwards"), a homicide detective for the Baltimore County Police Department, also responded to the scene where the body was discovered. (Doc. 48-5 at 64-66). Similar to Michael, Detective Edwards observed plastic material beneath the body. (Doc. 48-5 at 68, 69). Once the body was removed from the scene,

there were portions of what looked like black plastic underneath of his body. . . . [T]here was also some rubble or debris that was foreign to the area. Again, he was laying on the concrete culvert. . . . The area around him was grass. There was no bare soil. Everything was frozen solid, but underneath of his body was, it looked like, some soil and rubble, debris, various different things, but they weren't frozen. They were in between his body and that black plastic. We [also] saw what looked like drywall screws and some various other, couldn't tell whether it was dirt, soil, construction debris or what it was.

(Doc. 48-5 at 69).

Four days after the discovery of the body, on December 28, 2005, Detective Edwards and his partner, detective Ken Lang ("Detective Lang"), traveled to Harrisburg,Pennsylvania to meet with Keisha Walker ("Walker"), who had called the police earlier that day about the unidentified body after seeing a sketch of the victim police had released to the media. (Doc. 48-5 at 72, 83). Walker had suggested that the unidentified victim was Wesley Person ("Person"), which the detectives then confirmed through fingerprint analysis. (See Doc. 48-5 at 72, 83).

Present at that December 28th meeting, which took place at 340 Swatara Street in Steelton, Pennsylvania, were Walker—"Person's current girlfriend," and Person's friends Steven Aikens ("Aikens"), Alex Cantave ("Cantave"), Abdul McCauley ("McCauley"),³ and Justin Glover ("Glover"). (Doc. 48-5 at 72). Apparently, Aikens, Cantave, McCauley, and Glover showed up voluntarily at the meeting shortly after the officers had arrived—they had not been contacted or summoned by the detectives. (Doc. 48-5 at 85). Person and Walker had lived together at this residence before Person's death. (Doc. 48-5 at 82, Doc. 48-6 at 46, Doc. 48-11 at 67-68). Each individual present was interviewed separately. (Doc. 48-5 at 85, 86, 87, 88). The detectives also provided official notification of Person's death at this time. (Doc. 48-5 at 72).

Detective Edwards spoke with Glover first, who was crying and upset after being informed about Person's death. (Doc. 48-5 at 86-88). Detective Edwards next spoke with McCauley. During their conversation, McCauley told him about the events that had transpired the last time he saw Person alive. (Doc. 48-5 at 73). McCauley also informed Detective Edwards of a potential bank fraud scam, see Section II. B., infra, in which McCauley had heard Person was involved. (Doc. 48-5 at 73). In that vein,McCauley provided Detective Edwards with the name "Karyn,"⁴ an alleged member of the fraud scheme, and explained that Glover knew more information. (Doc. 48-5 at 74).

Believing Glover had more information, McCauley went upstairs to talk with him; however, Glover allegedly became upset when he learned that McCauley had told Detective Edwards about the scheme. (Doc. 48-5 at 75, 92). McCauley testified that Glover told him not to tell the detectives anything. (Doc. 48-3 at 82). Once Detective Edwards and McCauley resumed their conversation, Glover left Person's residence. (Doc. 48-3 at 83). According to Aikens, Glover had appeared nervous that day. (Doc. 48-10 at 44-45).

Thereafter, during the ongoing investigation, Detective Edwards learned that Glover was involved with Murrell—Glover's cousin—in purchasing investment properties to renovate and resell or rent. (Doc. 48-5 at 76). One of those properties was 441 South 13th Street, in Harrisburg, Pennsylvania. (Doc. 48-5 at 75, 76). Tax records for the property listed Murrell as the owner. (Doc. 48-5 at 76). A deed showed that Murrell took possession of the property on July 27, 2005. (Doc. 48-5 at 78-79).

During the investigation, Detective Edwards went to observe 441 South 13th Street, and saw a real estate sale sign in the yard and noted that the residence appeared vacant. (Doc. 48-5 at 76, 94, 96). Although he was interested in other residences that Murrell owned, he decided it would be prudent to obtain a search warrant since the house appeared to be on the market. (Doc. 48-5 at 77). The police had initially secured a search warrant for this property in early January 2006, but that warrant expired before a search was conducted. (Doc. 48-6 at 12-14). On February 17, 2006, a second searchwarrant was requested and secured for the 441 South 13th Street property, and the property was searched that same day. (Doc. 48-6 at 12).

When police⁵ executed the search warrant on the 441 South 13th Street property, the following items were recovered: (1) a piece of black plastic from under the "outside cellar way;" (2) a piece of clear plastic from the south basement wall; (3) a piece of insulation from the basement floor along the south wall; (4) debris from the basement floor along the south wall; (5) a free-standing piece of ductwork from the basement floor; and (6) a debris sample from the north basement wall. (Doc. 48-6 at 15-16). The piece of ductwork that was collected from the floor appeared new compared to the other basement ductwork. (Doc. 48-6 at 40).

According to Detective Lang, the entire basement, including the floor and walls, appeared to have been recently painted. (Doc. 48-6 at 17). The police applied luminol "from top to bottom" throughout the house, including the basement, in hopes of finding the possible presence of blood. (Doc. 48-6 at 20, 41-42). When luminol was applied to the piece of ductwork and the appropriate light source was engaged, the ductwork "flashed up with a positive reaction," indicating the possible presence of blood. (Doc. 48-6 at 20, 27).

Glover's residence (1424 State Street) was also searched. (Doc. 48-11 at 57). Murrell resided with Glover at the time. (Doc. 48-11 at 57; Doc. 48-7 at 55). At this residence, police were searching for handguns, ammunition, blood, accelerants, and other physical evidence. (Doc. 48-11 at 57). Prior to executing the search warrant there, police had determined that Glover and Murrell each had a license to possess firearms. (Doc. 48-11 at 57-58). Between the two defendants, four firearms had been registered. (Doc. 48-11 at 58). During the search...