Noakes v. Kaplan
| Decision Date | 21 December 2011 |
| Docket Number | 10 Civ. 5141 (CM)(THK) |
| Parties | DIANA NOAKES, Petitioner, v. SABINA KAPLAN, Superintendent of Bedford Hills Correctional Facility, Respondent. |
| Court | U.S. District Court — Southern District of New York |
On May 19, 2006, Petitioner Diana Noakes1 was convicted of one count of Assault in the First Degree, N.Y. Penal Law § 120.10(2)(McKinney 1996),2 following a jury trial in New York Supreme Court, Bronx County. On July 7, 2006, she was sentenced, as a second violent felony offender, to a determinate prison ternof thirteen years, to be followed by five years of post-release supervision. Petitioner is presently incarcerated in the Bedford Hills Correctional Facility.
Petitioner brings this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, claiming that (1) the evidence at trial failed to prove her guilt beyond a reasonable doubt and the verdict was against the weight of the evidence; (2) she was deprived of her constitutional right to a fair and impartial jury because the trial court improperly denied her attorney's challenge for cause to a prospective juror; and (3) she received ineffective assistance of counsel because her attorney made incriminating statements about her at sentencing.
The Petition was referred to this Court for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(C). For the reasons that follow, this Court respectfully recommends that the Petition be denied.
In June 1997, Lakeisha Gilyard began dating a man named Tyson, who worked at a barbershop in the Bronx. (See Tr. C at 674.) In July 1997, Ms. Gilyard was standing outside the barbershop with Tyson when she saw a woman drive past in a white Acura Legend.(See id. at 676-78.) Tyson informed Ms. Gilyard that the woman, named Adell, was his girlfriend. (See id. at 676-78.) Upon learning this information, Ms. Gilyard stopped dating Tyson, but the two remained friends. (See id. at 676-78.) In July 1998, Ms. Gilyard was with Tyson at the barbershop when she ran into Adell again. (See id. at 679.) Adell asked if Ms. Gilyard was dating Tyson. (See id. at 679.) Ms. Gilyard told her that she was not dating him anymore and then got into a cab and left. (See Tr. C at 679-81.) The next time Ms. Gilyard saw Adell was at the end of 1998 or the beginning of 1999, when she noticed Adell watching her at a club. (See id. at 682-83.)
On November 12, 1999, at approximately 6:00 A.M., Ms. Gilyard was arriving home with two friends, Tracy Jackson and Ana Hernandez, when she heard Adell call to her from a white Acura Legend. (See id. at 683-84, 690.) Ms. Gilyard testified that she knew the woman in the car and went to speak with her, while Ms. Jackson waited in front of the building. (See id. at 685.) Adell and Ms. Gilyard talked for about five or ten minutes. (See id. at 690-91.) Then, Adell grabbed the back of Ms. Gilyard's hair and started swinging her arms at her. (See id. at 693-95, 857.) Ms. Jackson stood in the middle, trying to break up the fight. (See id. at 693, 856.) Adell cut Ms. Gilyard on her scalp, forehead,ear, and right arm,3 then ran away and left in her car. (See id. at 694-96, 651.)
Ms. Gilyard was transported to Lincoln Hospital, where she was treated by Dr. John Scott Bomann. (See id. at 698, 651.) Her injuries required over one hundred stitches. (See id. at 654-55.) Dr. Bomann testified that Ms. Gilyard could have died had she not received medical attention within one to two hours. (See id. at 657.)
While Ms. Gilyard received medical attention, police officers brought Ms. Jackson and Ms. Hernandez to the 44th Precinct station house, where they were interviewed about the incident. (See id. at 860.) Ms. Jackson provided a written statement. (See id. at 860-61.) The written statement and notes from these interviews were not turned over to Petitioner's trial counsel, and the Assistant District Attorney stated that the prosecution no longer had the documents.4 (See id. at 861, 871-75.)
After the interviews, Ms. Jackson and Ms. Hernandez were taken back to Ms. Gilyard's apartment building by a police officer. (See id. at 860.) There, the officer asked Ms. Jackson "how the situation played out," and she told him. (Id. at 866) She pointed out a blade lying on the ground,5 and she remembers the officer picking it up. (See id. at 867.) This blade was lost by the police. (See id. at 836.)
Sergeant James Bricker was on duty as a patrol supervisor on the overnight shift on November 12, 1999. (See id. at 824.) He went to the apartment after the attack, established a crime scene, and completed an "unusual occurrence report."6 (See id. at 825-27.) Sergeant Bricker testified that he could not remember what was in the unusual occurrence report, but he did remember seeing a blade at the crime scene. (See id. at 827-828.) He said that the blade was turned over to an officer at the scene, but did not know what happened to it. (See id. at 836.) The unusual occurrence report would contain a list of all the officers and detectives that responded, but this report was not found before trial, (see id. at826-28, 837-38,) and was not turned over to Petitioner's trial counsel. (See id. at 875.)
Ms. Gilyard spoke with the police soon after she was attacked. (See id. at 702.) She testified that she told them that a woman named Adell assaulted her, but she did not know Adell's last name or where she lived. (See id. at 703.) The notes from this interview were not turned over to Petitioner's trial counsel. (See id. at 871-75.) The police documents that were turned over to Petitioner's trial counsel included: an original sprint report for the incident,7 a computer-generated 61 complaint report,8 and an original aided report.9 (See Tr. C at 873-74.) At trial, the court instructed the jury that (Id. at 1006.)
Ms. Gilyard did not identify Petitioner as her assailant until four and a half years after the assault. Ms. Gilyard saw Petitioner three times after she was attacked and did not call the police. Ms. Gilyard saw Petitioner in 2003 at the corner of 204th Street and Webster Street. (See id. at 708.) Ms. Gilyard looked at Petitioner for "a good two minutes," and then Petitioner turned her back. (Id. at 709.) Ms. Gilyard did not call the police because she was unsure if Petitioner was her assailant. (See id. at 708-9.) Ms. Gilyard saw Petitioner again, but at a distance, in a supermarket in March 2004. (See id. at 709-11.) Again, Ms. Gilyard did not call the police because she was not sure that the woman she saw had been her assailant. (See id. at 710-11.) Ms. Gilyard saw Petitioner at her housing complex on May 1, 2004, and Petitioner avoided making eye contact. (See id. at 711-12.) This time Ms. Gilyard was sure Petitioner was her assailant, but Petitioner vanished before Ms. Gilyard could call the police. (See id. at 711-12.)
On May 6, 2004, Ms. Gilyard called the police to report an incident with her son at his school. (See id. at 716-717.) As she stood outside the school, Petitioner walked past her. (See id.at 717.) She had "a short, blond haircut" and "an earring" [sic] in the "center of her chin." (Id. at 718.) When Police Officers Morales and Pollick arrived about five minutes later, Ms. Gilyard told them about the assault and showed them her scars. (See id. at 718- 720.) She also told them that the person who assaulted her was named Adell, gave them a physical description of Petitioner, and indicated in which direction Petitioner had walked. (See id. at 719- 722.)
The officers canvassed the area with Ms. Gilyard. (See id. at 720- 21.) She saw Petitioner walk out of a store and told the officers. (See id. at 721-722.) The officers approached her and asked for her name. (See id. at 884.) Petitioner did not answer. (See id. at 884.) Officer Morales asked her for her name several more times and she still refused to respond. (See id. at 885.) Officer Morales then asked Petitioner if she would remove her hands from her pockets. (See id. at 793-795, 885.) She refused to do so. (See id. at 886.) He asked her at least two more times, and then she put her hands behind her thighs. (See id. at 886.) Officer Morales ordered her to place her hands "where [he] could see them" two or three times, and initially, she refused to comply. (Id. at 887.) When she moved her hands, Officer Morales saw that she had "DELL" tattooed above her knuckles. (See id. at 887-888.) The officers arrested Petitioner and brought her to the 46thPrecinct. (See id. at 889.) Petitioner refused to give her name to the officers at the precinct. (See Tr. C at 889-890.) After twenty minutes, she finally told the police her name was Diana Noakes. (See Tr. C at 892.)
A grand jury returned an indictment against Diana Noakes, also known as Adell Chandler, also known as Adell Robinson. (see Tr. A at 5.) Petitioner was tried by jury in New York Supreme Court, Bronx County (see id. at 618).
During the fifth round of voir dire, the court asked the prospective jurors if they or anyone close to them worked in law enforcement. (See id. at 440.) Juror #7, Eduardo Hernandez, said that both he and his uncle were in the military police. (See id. at 440.) Nonetheless, he said that he would have no trouble judging police witnesses like any other witnesses. (See id. at 441.) When the court later asked for his personal information, he disclosed that he worked as an undercover store detective. (See id. at 462.) He did not carry a weapon, only handcuffs, but had made "arrests" for shoplifting. (See id. at 463.) After he "arrested" someone, he called for the police and they would make the formal arrest. (See i...
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