Pulinario v. Goord

• Decision Date: 30 October 2003
• Docket Number: Nos. 02-CV-3681 (JBW), 03-MISC-0066 (JBW).,s. 02-CV-3681 (JBW), 03-MISC-0066 (JBW).
• Citation: 291 F.Supp.2d 154
• Parties: Keila PULINARIO, Petitioner, v. Glenn GOORD, Superintendent of Bedford Hills Correctional Facility, Respondent.
• Court: U.S. District Court — Eastern District of New York

291 F.Supp.2d 154

Keila PULINARIO, Petitioner, v. Glenn GOORD, Superintendent of Bedford Hills Correctional Facility, Respondent.

Nos. 02-CV-3681 (JBW), 03-MISC-0066 (JBW).

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

October 30, 2003.

COPYRIGHT MATERIAL OMITTED

Keila Pulinario, Bedford Hills Correctional Facility, Bedford Hills, NY, Barry A. Bohrer, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York City, for Petitioner.

Michael J. Miller, District Attorney of Suffolk County, Riverhead, NY, for Respondent.

MEMORANDUM, JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

I. Introduction

This case involves a homicide by a 21 year old woman with an I.Q. of 70 who shot her alleged rapist. With no prior criminal record she was sentenced to twenty-five years to life. It is appropriate, given this record, to grant the writ.

The trial court effectively precluded petitioner from making a well-founded defense of Post-Traumatic Stress Disorder (PTSD) and Rape Trauma Syndrome (RTS). It did so after allowing the defense to rely on an earlier ruling that the defense would be permitted. The change in ruling, made in mid-trial, cut the legs off the defense's theory after petitioner had been committed to it irretrievably. A fair trial was then impossible.

No hearing on this matter is necessary. The papers present the issues adequately. This memorandum addresses petitioner's claims and respondent's contentions.

II. History of Case

This petition was filed on June 17, 2002. Petitioner (sometimes referred to as defendant or appellant) claims:

Denial of statutory and constitutional right to present a defense when the trial court precluded expert testimony from the defense psychologist that appellant suffered from rape trauma syndrome and post-traumatic stress disorder when she shot the deceased, appellant's alleged prior rapist.

Expert testimony was originally ruled admissible, but after the appellant admitted she lied to the People's psychiatrist, the trial court ruled to limit appellant's expert witness. This ruling denied appellant's constitutional and statutory right to present a defense. This could have been avoided if the People would have conducted another examination of the appellant by the People's expert witness. In any event, the minor lies the appellant conceded to did not impair the People's expert from testifying. The lies were neither significant, nor material to the case. The defense had intended to include EED as a portion of her defense, and so told the jury in opening arguments, yet the trial court's limitation of her expert testimony later precluded this and undercut her defense. Thus, her justification defense and her defense that she lacked the intent to kill were severely compromised.

The people failed to prove appellant's intent to kill beyond a reasonable doubt. In addition, the People failed to disprove appellant's justification defense beyond a reasonable doubt.

The people relied on the testimony of a drug addict who had pending charges at the time of his testimony. Absent his testimony, the state relied on the appellant's statements which repudiate any conscious objective to cause the death of the victim. Appellant's statements which repudiate any conscious objective to cause the death of the victim. Appellant's exculpatory account, provided in both statements and through her direct testimony, was not discredited from other evidence provided by the People. The People did not present sufficient proof to disprove her justification defense or her intent to kill beyond a reasonable doubt.

The sentence imposed upon appellant was harsh and excessive and should be modified in this interest of justice.

Appellant was 21 years old on the date of the instant offense and had no prior criminal record. Her I.Q. was found to be 70 by the public schools and she was classified as learning disabled and placed in special education classes. The defense's expert witness Dr. Ledray wrote a letter to the trial court stating her position that the appellant was raped by the victim and that her subsequent behavior was the result of RTS and PTSD. Furthermore, the District Attorney who prosecuted the case Janet Albertson admitted in an interview with Court TV that a "manslaughter plea would be a fair one." In light of this admission, it is obvious that even the People had doubt as to the appellant's intent to kill. The present 25 — life term is excessive in light of the circumstances in this case and the many mitigating factors.

Counsel for petitioner submitted an extensive brief with supporting documents on her behalf in this court. Her statement of facts below is largely based on that brief. Materials submitted by respondent are also extensive. The record includes eight full files. They include letters on sentence which are not the basis for a decision in the instant proceeding, but suggest the emotional background of the prosecution. One typical letter reads in part:

I am Raquel Pulinario-Rovelo. I am writing this letter asking the court to please give my cousin Keila Pulinario a chance to prove that she's not this horrible trouble making girl, cold hearted killer that the jury and District attorney made everyone believe. That she is a victim of rape and abuse. Keila [petitioner] took the law into her own hands because all her life she has been and experienced physical, mental and verbal abuse. I am not condemning or saying that whet Keila did was right what I am trying to say is that Keila probably thought that if she told anyone what had happened to her no one would of listened like no one has been listening to her all her life.

In my personal opinion the attorney that was assigned to Keila's case Mr. John Ray was not a good capable attorney to handle this type of case. I believe he knew this but he saw Keila like everyone else does a vulnerable easy to convince person. He took Keila's case for publicity and did not give her good reliable legal advice. When speaking to Keila he should of spoke to her like he was speaking to a young child not a young lady because Keila doesn't have the knowledge of a young lady her age. If Mr. Ray had only taken the time to look into Keila's past history or school records he would of known that he was dealing with a young girl who couldn't read, write or speak proper English. Keila was a special education student who unbelievable but true was able to graduate from school. A small example of how our school system failed her and neglected her cries for help to her parents, teachers, counselors, family and friends.

Mr. Ray never made Keila see that she could be where she is now doing 25 to life. He always led her to believe that her case was unique like no other. That by calling her case a "Rape Trauma Syndrome" case she was going to be popular and make a new law against victims like her. He never realized that a person with a such a poor low level education doesn't know about laws or sentencing. All Keila knew was that she had been raped and she had committed a murder. She held on to Mr. Ray's advice and believed in him, not realizing that a person with a such a poor low level education doesn't know about laws or sentencing. All Keila knew was that she had been raped and she had committed a murder. She held on to Mr. Ray's advice and believed in him, not realizing that what he was doing was taking her case for his own publicity. He was more interested in seeing if he could make this new so called law "Rape Trauma Syndrome" than he was interested in seeing that Justice be done in demonstrating that she was a victim not a cold hearted murderer.

When Keila began to "hang out" with the wrong crowd she was just trying to demonstrate to her parents and everyone that surrounded her that her behavior was an indication of her cries for help, love, and attention. Very few of us in our family speak out loud about our experience as victims of viewing domestic abuse at a young age. Keila has always been a victim of society and was scared and confused and decided that she was no longer going to let those she trust hurt her. She became tired and led herself to believe that no one cared and society was going to fail her once more if she had not done what she did. I am not saying or justifying that what she did was right but trying to say that Keila's case was never tried in her also being a victim just about her being murderer.

I cannot speak for Mr. Santana [the deceased] but it is my understanding that at the time of the trial it was proven that he was a drug dealer and drug user. It was discussed that he had various types of drugs in his system when the autopsy was done. Mr. Santana had a previous sex offense charge pending and was a person who had been in jail for various crimes. Yet he was never sen as who he really was but as a young boy who's life was taken away by "ex-girlfriend" who set him up. He was never found guilty for his crime. Even though Mr. Santana was not a respectable person to society during the trial the District Attorney made him sound like he was the only victim in this case. There are many victim's in this case for example Keila, her family and friends, Mr. Santana, his family and friends we are all victim of this type of crime we all hurt in some way.

Keila should be given a second chance in life and a chance to prove to herself and to everyone that she is not this horrible cold blooded murder she was described to be during her trial, but instead that she a wonderful, loveable, humble, giving person who was a victim of Mr. Santana and Society.

I beg the court to give her a chance in appealing her case, in not failing her anymore. While in prison she has demonstrated to have all the characteristics I have mentioned before and has proven to be a role model prisoner. Keila has learned how to read, write and understand English while in prison with better knowledge then when she was tried and therefore now understands better what this appeal can...