People v. Greene

• Citation: 137 Misc.2d 771,522 N.Y.S.2d 752
• Parties: The PEOPLE of the State of New York v. Thomas S. GREENE, Defendant.
• Decision Date: 07 May 1986
• Court: New York County Court

Page 752

522 N.Y.S.2d 752

137 Misc.2d 771

The PEOPLE of the State of New York v. Thomas S. GREENE, Defendant.

Suffolk County Court.

May 7, 1986.

Patrick Henry, Dist. Atty. of Suffolk County, Steven J. Wilutis, of counsel, Riverhead, for the People.

Peter J. Newman, Amityville, for defendant.

COPERTINO, Judge.

This Court has for its consideration after a hearing at which defendant neither testified nor called witnesses the legality of defendant's arrest, the voluntariness and admissibility of certain oral statements made by defendant to members of the Suffolk County Police Department, the legality of a search and resulting seizures made at defendant's residence, and the admissibility of certain identification testimony.

The Court's findings of fact and conclusions of law follow.

During the early morning hours of June 21, 1983, Yvonne Hogan, the barmaid at the Crazy Clown Bar--a topless bar located at Wading River Road and Route 25 in Calverton--was brutally beaten to death. The body of Yvonne Hogan was found inside this bar lying on the floor near the front door. She had been severely beaten "about her upper torso." "(A) great deal of blood, ... skin, ... hair, and flesh ..." was found throughout the bar. "It was a real bloody mess." She was unclothed except for a T-shirt and a brassiere pushed up around her neck. Several chairs were toppled over; one had been broken. Upon examination, a "patent" palm print in the victim's own blood was discovered on one of the legs of this chair. In addition, two of the chair's legs were missing.

Robbery was discounted as a motive inasmuch as the victim's money and the evening receipts were accounted for. A note from Yvonne Hogan to her employer describing the type of evening she had was found on the cash register which showed three beers as the last sale of the evening.

Karen B., a dancer at the Crazy Clown Bar--interviewed in late June or early July 1983--had been in the bar for most of the time between the evening of June 20 and the early morning hours of June 21, 1983. One of the patrons she observed during the course of the evening--"off and on for a few hours"--was a white male in his early twenties, slight, dark hair which covered his ears, mustache, and dressed in an Army olive green T-shirt and jeans. Karen B. had a conversation with this patron during which he stated among other things that he "had just gotten out of the Army," and had been in Germany. He also stated that he had drugs, lived "just up the road" and invited both Karen B. and Yvonne Hogan to "party" and "get high" with him and his brother after work. Both Karen B. and Yvonne Hogan said "no," to this invitation.

Karen B. left the bar at approximately 3:05 A.M. on June 21, 1983. One of two people to leave immediately before her was the patron in the olive green T-shirt. She observed him walk out the door and down the road to the north of the bar.

On June 28, 1983, a week after the homicide, a road block was set up at the intersection of Wading River Road and Route 25 by the police. As a result of this road block, Orlando P., a frequent patron of the Crazy Clown--who had been in the bar from approximately 2:30 A.M. until "a little after 3 o'clock" on June 21, 1983--was stopped. He told authorities that upon entering the bar he noted five or six people in the premises, and after ordering a beer "looked around" to see if he knew anyone. To his right he noticed a young man in his early twenties with black hair extending "a little over his ears."

A search of the area around the Crazy Clown Bar was conducted on June 30, 1983. The missing chair legs were discovered approximately two tenths of a mile east of the bar and on the south side of Route 25.

The investigation continued with hundreds of palm prints being compared to the "patent" palm print found on the broken chair. Several hundred people were "checked out." It goes without saying that the police also tried to locate the patron in the olive green T-shirt. No leads to the identity of the killer or killers developed until April, 1985.

On April 7, 1985, Debbie O., who had initially been questioned in 1983, contacted the Riverhead Town Police and informed them that one Mark B. knew who had committed the murder at the Crazy Clown Bar, telling them that she had had a conversation with Mark B. on April 3, 1985, during which he told her that Thomas Greene committed the murder. Debbie O. was also Greene's neighbor, and informed the Police that the Greene family had moved to upstate New York but that Thomas Greene and Richard Greene "were living at the house in Calverton Court." In addition, she stated that Thomas Greene "had been in the service." It was soon realized that Calverton Court is within walking distance and to the northeast of the Crazy Clown Bar.

On April 8, 1985, and after meeting with Mark B., the Riverhead Town Police contacted the Suffolk County Police and informed them of Mark B. They arranged for an interview between Mark B. and Suffolk County Police to take place the next day. Also, on April 8, 1985, Detective Mc C. was instructed to ascertain "if an individual by the name of Thomas Greene had been committed to any hospital on June 21, 1983." Mc C. learned that Thomas Greene had been committed to Kings Park State Hospital at approximately 2:00 P.M. on June 21, 1983.

At 11:00 A.M. on April 9, 1985, Detective Mc C. of the Suffolk County Police Department along with Detective Sergeant V. and Detective S., both of the Riverhead Town Police Department met with Mark B. Mark B. stated that in the Summer of 1983, Richard Greene, Thomas Greene's brother, informed Mark B. that Thomas Greene committed the murder at the Crazy Clown Bar. After swearing Mark B. to silence, Richard Greene told Mark B. what had transpired on the night in question.

Richard Greene related to Mark B. that both Richard Greene and Thomas Greene along with Steve S. were in the bar that evening. Near closing time, Steve S. left the bar. When Thomas Greene asked the barmaid for another beer, she refused. This upset Thomas, and he pulled her over the bar. At this point, Richard left and went home. Several hours later Richard heard some noise outside their home and found Thomas covered with "blood, skin, meat, and hair." It was at this point that Mark B. said to Richard "Boy, that is really gross." Richard retorted, "Well, what did you expect? He beat her to death." Richard then helped Thomas into the house removed Thomas's clothes, threw them into a closet, and put Thomas into the shower. Later that morning Thomas "flipped out," and was taken by his family to the hospital where he was admitted. Several days later Richard removed the clothes from the closet and placed them in the cesspool. Mark B. then repeated this information to the detectives in a sworn written statement.

At 4:25 P.M. on April 9, 1985, Detectives Mc C. and L. were observing 28 Calverton Court, Thomas Greene's residence, at which time they observed defendant exit the premises. They approached defendant and inquired if he was "Tommy Greene." Detectives Mc C. and L. identified themselves and placed defendant under arrest. When defendant asked "What for?" he was informed "For the murder of the girl at the Crazy Clown Bar." Defendant blurted "I didn't do it!" to which Detective Mc C. replied "Wait a minute before you say anything." and proceeded to advise defendant of the required four-fold Miranda warnings. When asked if he understood his rights defendant replied "Yes." When asked if he wanted to contact a lawyer defendant stated, "No. I didn't do anything." When asked if he would talk to the detectives ... without a lawyer being present" defendant again replied "Yes." As Detective Mc C. commenced to handcuff defendant, defendant on request was permitted to "close-up" the house. After securing the house defendant was then handcuffed for the twenty minute ride to Suffolk County Police Headquarters in Yaphank.

During the ride to Headquarters Detective Mc C. told defendant that they were in possession of "conclusive evidence" that defendant was guilty of the murder, that a palm print had been found, and that "he should get this whole thing off his chest and tell us what happened." Defendant denied any involvement.

After arriving at Police Headquarters at approximately 4:50 P.M., defendant was taken to Sergeant J. who interviewed defendant at approximately 5:15 P.M. "with regard to the prisoner activity log." Then, Officer G. finger and palm printed defendant after which defendant was interviewed until approximately 6:00 P.M., during which time he continued to deny any involvement in the homicide.

At approximately 7:10 P.M., Officer G. informed Detective Mc C. that defendant's left palm print and the "patent" palm print on file matched. Detectives Mc C. and L. returned to the interview room--where they had left defendant--and confronted him with the fact that the palm prints matched and told him that he committed the murder. Defendant continued to deny his involvement until Detective Mc C. asked, "Are you worried about your brother?" to which defendant retorted, "What do you mean my brother?" At this point Detective Mc C. stated, "We know exactly what happened with your brother, with the clothes, with the cesspool." Defendant then began to cry and stated, "I did it. I beat her to death."

Detectives Mc C. and L. continued "pressing" defendant to tell them about the incident and why he did it. Defendant replied, "I can't talk about it." Inasmuch as defendant was saying he could not--as opposed to would not or did not want to--"talk about it," Detective Mc C. asked defendant if he would answer questions which could be answered with either a "yes" or a "no." At Detective Mc C.'s suggestion defendant agreed to questions which required a simple "yes" or "no" answer. Answering questions in this form, defendant admitted that he forced Yvonne Hogan to take her clothes off, "tried to have intercourse...