Pine v. Superintendent

• Decision Date: 01 May 2015
• Docket Number: No. 9:13–CV–1458.,9:13–CV–1458.
• Citation: 103 F.Supp.3d 263
• Parties: James R. PINE, Petitioner, v. SUPERINTENDENT, GREEN HAVEN CORRECTIONAL FACILITY, Respondent.
• Court: U.S. District Court — Northern District of New York

103 F.Supp.3d 263

James R. PINE, Petitioner,
v.
SUPERINTENDENT, GREEN HAVEN CORRECTIONAL FACILITY, Respondent.

No. 9:13–CV–1458.

United States District Court, N.D. New York.

Signed May 1, 2015.

103 F.Supp.3d 265

Danielle Neroni, Esq., Office of Danielle Neroni, Albany, NY, for Petitioner.

Thomas B. Litsky, Esq., Ass't Attorney General, Eric T. Schneiderman, New York State Attorney General, New York, NY, for Respondent.

103 F.Supp.3d 266

DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Petitioner James R. Pine seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging a 2008 judgment in Green County Court convicting him, upon a jury verdict, of manslaughter in the first degree (N.Y. Penal Law (“Penal Law”) former § 125.20(1)) and assault in the first degree (Penal Law § 120.10(1)). Dkt. No. 1, Petition (“Pet.”). Respondent filed a response to the petition and pertinent records from the state court proceedings. Dkt. No. 8–1, Respondent's Memorandum of Law in Opposition to the Petition for a Writ of Habeas Corpus (“R. Mem.”); Dkt. Nos. 10–11, State Court Records. Also pending is petitioner's motion for “post conviction bail” pending the resolution of his petition. Dkt. No. 13, Motion for Bail Pending Appeal.

For the reasons that follow, petitioner's motion will be denied and the petition will be denied and dismissed.

II. RELEVANT BACKGROUND

The following background information is derived from the state court records. Petitioner was charged with first degree manslaughter and first degree assault following an incident on October 31, 2006, in which he and his codefendant, Michael Deyo (“Deyo”), attacked Michael Formichelli (“the victim”), who later died as a result of his injuries. SeeDkt. No. 10 at 188–189, Indictment.¹On July 25, 2007, Deyo pleaded guilty to first degree assault, the only crime with which he was charged for his role in the incident. Dkt. No. 10–2 at 617, 651, Transcript of Plea Proceeding of Michael Deyo. At the proceeding, Deyo's counsel noted that he was entering a plea “without a plea bargain agreement or sentencing recommendation from” the district attorney. Id.at 622. Deyo acknowledged that he understood the range of possible sentences that might be imposed upon his guilty plea, and that the court would not commit to any particular sentence. Id.at 630–632. Counsel reiterated that “[n]o promises whatsoever have been made with respect to the sentence that the Court will impose[,]” and the district attorney stated his understanding that the prosecution would “be permitted to argue in favor of anything that it deems appropriate at the appropriate time.” Id.at 632–633.

Deyo admitted that he was acting in concert with petitioner when he and petitioner pursued the victim down a road, confronted him, and petitioner struck the victim in the head with a metal pipe. Id.at 648–650. Deyo's sentencing was scheduled to be held after petitioner's jury trial. Id.at 654.²A copy of the transcript of Deyo's plea proceeding was provided to petitioner before the prosecution called its first trial witness. SeeDkt. No. 11–1 at 458, Trial Transcript.³

103 F.Supp.3d 267

Petitioner's trial was held in December 2007, and Deyo testified on behalf of the prosecution. Dkt. No. 11–2 at 463; Dkt. No. 11–4 at 1066. Deyo stated that he had been made “[n]o promise at all” with regard to his sentencing exposure on his guilty plea or the district attorney's sentencing recommendation. Dkt. No. 11–4 at 1067. He was “good friends” with petitioner until the date of the incident, and was with petitioner leading up to the altercation at issue. Id.at 1071, 1075. On October 31, 2006, petitioner asked Deyo to help him tow petitioner's grandfather's car. Deyo agreed and went to 5 Mile Wood Road in Catskill, where petitioner resided with his parents. Id.at 1076. Thereafter, petitioner and Deyo went to petitioner's grandfather's house and retrieved his car. Petitioner towed the car with his own vehicle, a Lincoln, and Deyo steered the car being towed. Id.at 1076–1077.

During the drive, Deyo observed petitioner talking on his cell phone and noticed that he began to drive faster. Dkt. No. 11–4 at 1078–1079. Upon arriving at petitioner's residence, the two men unhooked the vehicle being towed and petitioner retrieved an object resembling a “pipe” from the garage and threw it in the backseat of his own car. Id.at 10791080. Petitioner told Deyo that they “need[ed] to go to Catskill.” Id.at 1080. The men got into petitioner's vehicle and, en route, petitioner explained that he received a phone call from the home phone of Mary Seeley (“Seeley”), who petitioner knew to be out with her children. Id.Seeley was petitioner's girlfriend at the time. Id.at 1073–1074. Petitioner appeared “[a]ggravated” and drove “faster and faster.” Id.at 1080.

Petitioner drove to Seeley's apartment building at 196 Dubois Road in Catskill, exited the vehicle, and approached “some kids” in the parking area. Dkt. No. 11–4 at 1081. Petitioner indicated he was looking for “Mike,” and the individuals replied that they were not Mike. Id.at 1081. Petitioner and Deyo went inside the building and approached Seeley's upstairs apartment, and found the door slightly open. Id.at 1082. They entered and saw the victim in the bathroom. Id.at 1082. Petitioner asked the victim why he was there, and the victim stated that his girlfriend lived there. The victim then “charged” toward petitioner and Deyo, initiating a scuffle as the three men exited the apartment and “tumbled down the stairs to the first landing.” Id.at 1082–1083. The struggle continued and Deyo “hit [the victim] two or three times” before petitioner returned to his feet and they “all tumbled down the next set of stairs.” Id.at 1083.

The men got to their feet and exited the apartment building. Dkt. No. 11–4 at 10831084. The victim shouted that he was “going to go to Hudson [and] get his guys” and that he had a gun in his car. Id.at 1084. Deyo told the victim that he needed “to leave before there's any more problems” and that the police were on the way. Id.Deyo and the victim continued shouting at each other as the victim walked up the driveway toward the road, and then began running. Id.at 1085–1086. Petitioner then pulled up to Deyo in his car and told Deyo to get in. Id.at 1086–1087.

Petitioner drove in the direction the victim was moving as Deyo told petitioner that the police were on the way and the confrontation “need[ed] to stop right now before there's problems.” Dkt. No. 11–4 at 1087. The two came upon the victim, who ran up onto the front lawn of a house located at 15 Abeel Drive. Id.at 1087–1088. Petitioner parked near the driveway of the house and both men exited the car. Id.at 1087–1088. Deyo “walked around the corner” and called the police from his cell phone. Id.at 1089. At the same time, petitioner ran up to the victim,

103 F.Supp.3d 268

who was knocking on the door of the house, and “threw [the victim] off the stairs [and] onto the ground.” Id.When the victim attempted to stand up, petitioner “put him back down on the ground by hitting him or pushing him.” Id.at 1090.

Deyo's call to the police concluded and he walked toward the area where the victim was laying on the ground and “mumbling.” Dkt. No. 11–4 at 1090–1091. Shortly thereafter, 911 called Deyo back and he walked toward the road to answer the call. Id.at 1091. Meanwhile, Deyo observed petitioner walk back toward his vehicle and return with “the pipe in his hand.” Id.As the victim again attempted to get off the ground, petitioner struck him “right in the top of the head” with the pipe. Id.at 1091–1092. During his phone calls with the 911 dispatcher, Deyo stated that he had struck the victim and that the police needed to respond quickly because he was “going to end up killing this guy[.]” Id.at 1151. Deyo testified that this statement was a “a bad choice of words,” and clarified that he had struck the victim at Seeley's apartment. Id.

Deyo knocked on the door of the house again, and the homeowner finally answered. Dkt. No. 11–4 at 1093–1094. Deyo attempted to explain the situation, but the homeowner told him “to get off his property.” Id.at 1094. Deyo “walked down the road,” and police vehicles began arriving. Id.at 1095–1096. The first officers to respond included the chief of the Catskill Police Department and Officer Ricky Deyo, Deyo's brother. Id.at 1094–1095. Thereafter, petitioner and Deyo followed another officer back to Seeley's apartment, which was in a disheveled state.Id.at 1095–1096. Petitioner and Deyo then agreed to drive to the police station and provide statements. Id.at 1097. The victim was transported to the hospital and later died due to a cerebral edemaresulting from his head injuries. Id.at 1199–1203. Deyo expressed his concern with his involvement in the altercation, but petitioner reassured him that they would “not be in trouble” because “the [victim] broke into the house and started to fight.” Id.at 1097–1098. Deyo provided a written statement to the police, in which he omitted any mention of the pipe because he wanted to protect petitioner. Id.at 1098–1099.

Petitioner was placed under arrest. Deyo was not immediately arrested, and returned to petitioner's father's house the following day to help perform mechanical work on a...