Reed v. Davis

• Docket Number: Civ. 20-11523 (NLH)
• Decision Date: 02 June 2023
• Parties: ADAM REED, Petitioner, v. BRUCE DAVIS, et al., Respondents.
• Court: U.S. District Court — District of New Jersey

1

ADAM REED, Petitioner, v. BRUCE DAVIS, et al., Respondents.

Civ. No. 20-11523 (NLH)

United States District Court, D. New Jersey

June 2, 2023

APPEARANCES:

Adam Reed 313270-C New Jersey State Prison

Petitioner Pro se

Grace C. MacAulay, Camden County Prosecutor

Linda A. Shashoua, Chief, Motions and Appeals Unit

Camden County Prosecutor's Office

Counsel for Respondents

OPINION

NOEL L. HILLMAN, U.S.D.J.

Pro se petitioner Adam Reed, a state prisoner at New Jersey State Prison in Trenton, New Jersey, petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. Reed challenges his 2013 conviction for 15 separate offenses including various counts of drug possession, weapon possession and attempted murder. For the reasons below, the petition will be denied and a certificate of appealability shall not issue.

I. BACKGROUND

A. Factual Background ^[1] and Procedural History

On direct appeal, the Superior Court of New Jersey, Appellate Division, summarized the evidence underlying Reed's conviction as follows:

On the evening of June 21, 2011, Camden City Police Acting Sergeant Benito Gonzalez and Acting Sergeant Christopher Frucci were conducting undercover surveillance of drug activity in Camden, specifically “in the area of Newton between Pine and Spruce Street.” Officer Gonzalez testified that as he and Officer Frucci were driving down Newton Avenue, he observed a black male and a female sitting on the steps of a residence. The two were later identified as defendant and co-defendant Elizabeth Pitko. The officers established a surveillance position to observe defendant and Pitko. From his vantage point, Officer Gonzalez saw defendant and Pitko leave the steps, walk to a blue Ford Taurus parked across the street, and drive off. The officers waited to see if they would return, which they did about twenty minutes later, shortly after midnight on July 22, 2011.

A few moments after the pair returned, Officer Gonzalez observed

a black male wearing a red jacket and blue jeans walking from Pine Street towards the vehicle. [The officer] also observed [defendant] step out of the passenger side of the vehicle. [Defendant] was on his cellular phone having a conversation with someone, at which time the male in a ... red jacket approached him. They had a conversation, and then they shook hands. [Defendant] then went to the back of the Ford Taurus, opened the trunk, went into the trunk, retrieved an item out of the trunk, [and] handed the item to the unknown black male. The black male had the item in his hand, manipulated the item, and after a few seconds, handed [defendant] paper currency from his pants pocket.

The officer saw defendant place the money in his pocket. Defendant then returned to the passenger seat of the running car, with Pitko in the driver's seat. After another few minutes elapsed, the officer observed defendant exit the vehicle and saw another male approach him. Officer Gonzalez contacted back-up units that were in the area; however, the back-up officers advised him they were still a few blocks away, so he and Officer Frucci moved in, anticipating their arrival. The officers activated their emergency lights and drove up behind defendant and the male.

When the officers exited the vehicle with weapons drawn, defendant had already grabbed a package from the trunk and was holding it in his right hand. Defendant put the package in the trunk and his hand in his jacket pocket. Officer Gonzalez commanded defendant to put his hands in the air. Instead, defendant slammed the trunk closed, ran to the passenger side of the car, entered the vehicle, and the vehicle sped off. A chase ensued until the Taurus crashed into parked cars on Clinton Street. Defendant then exited the vehicle and began to run. Officer Gonzalez gave chase on foot with his weapon drawn and continuously ordered defendant to stop. Officer Gonzalez was injured when he tripped and fell face-first on the pavement. Nevertheless, he continued to give chase. Officer Gonzalez saw [defendant] make a left into a lot, and then [he] followed behind [defendant]. By the time [the officer] turned the lot, [defendant] had made it to the back of the house, and [the officer] continued to follow. At this time, [the officer] was feeling more and more pain in [his] leg. [The officer] started coming to almost a limp. At that point, [defendant] stopped at the back of the house, abruptly turned, pulled his weapon, and fired one round.

The officer was not struck by the bullet, but nevertheless fell to the ground. Defendant then attempted to fire another shot at the officer, but the gun malfunctioned. Defendant dropped the weapon and continued to run, but was later apprehended by other officers after a “brawl” had ensued with the other officers. A search of defendant's person uncovered his driver's license, Pitko's driver's license, and over $1000 in cash; cocaine was found in the Taurus.

State v. Reed, No. A-1074-13T1, 2016 WL 529260, at *1-2 (N.J.Super.Ct.App.Div. Feb. 11, 2016) (per curiam) (footnote omitted; alterations in original).

In September 2013, a Camden County Grand Jury indicted and charged defendant with fifteen counts, including third-degree possession of a controlled dangerous substance (“CDS”), N.J.S.A. 2C:35-10(a)(1) (Count One); second-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(2) (Count Two); third-degree possession of a CDS with intent to distribute within 1000 feet of a school, N.J.S.A. 2C:35-7 (Count Three); second-degree possession of a CDS with intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (Count Four); second-degree resisting arrest/eluding, N.J.S.A. 2C:29-2(b) (Count Five); fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2) (Count Six); first-degree attempted murder, N.J.S.A. 2C:5-1 and 2C:11-3(a)(1) (Count Seven); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (Count Eight); third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2) (Count Nine); fourth-degree aggravated assault by pointing, N.J.S.A. 2C:12-1(b)(4) (Count Ten); third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3) (Count Eleven); fourthdegree possession of hollow nose bullets, N.J.S.A. 2C:39-3(f) (Count Twelve); second-degree possession of a weapon for unlawful purpose, N.J.S.A. 2C:39-4(a) (Count Thirteen); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (Count Fourteen); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b) (Count Fifteen). Reed, 2016 WL 529260, at *2; ECF No. 7-5 (judgment of conviction). The court bifurcated the certain persons charge (Count Fifteen). Reed, 2016 WL 529260, at *2.

Reed was tried before a jury, which, on May 31, 2013, returned a guilty verdict as to Counts One through Fourteen. Reed, 2016 WL 529260, at *2; ECF No. 7-92 at 10-11. On June 3, 2013, the same jury returned a guilty verdict as to Count Fifteen (the certain persons offense). Reed, 2016 WL 529260, at *2; ECF No. 7-93 at 37. Reed was sentenced to an aggregate term of 66 years' imprisonment, with 47 years and 3 months of parole ineligibility. Reed, 2016 WL 529260, at *2; ECF No. 7-5. The Appellate Division affirmed in February 2016. Reed, 2016 WL 529260, at *1. Certification was denied in April 2016, State v. Reed, 224 N.J. 529 (2016).

Reed petitioned for post-conviction relief (“PCR”) in July 2016. ECF No. 7-16 (notice of PCR petition); ECF No. 7-17 (petition). In August 2017, Reed filed a motion to compel police personnel files and internal affairs records. ECF No. 720. In November 2017, the PCR judge, who was also the trial judge, denied the motion. ECF No. 24. The court denied the PCR petition without a hearing in February 2018. ECF 7-39 (order); ECF 7-40 (opinion). The Appellate Division affirmed in January 2020. State v. Reed, No. A-5063-17T1, 2020 WL 468320, at *5 (N.J.Super.Ct.App.Div. Jan. 29, 2020) (per curiam). Certification was denied in May 2020. State v. Reed, 241 N.J. 383, 228 A.3d 848, 849 (2020).

B. The Habeas Petition

Reed filed his § 2254 petition in August 2020, asserting the following grounds for relief: (1) the trial court erred when it (a) “allowed Det. J. Simpson to testify as a surrogate in place of the actual crime scene investigator” and (b) admitted “ballistic evidence documentation” pursuant to the business records exception (ECF No. 1 at 7, 28 (Ground One)); (2) the State “committed discovery and Brady^[2] violations when it failed to disclose to defense computerized dispatched records (CAD) and information that Sgt. Kevin Martin was a material witness who made statements over the police dispatcher exculpatory to the defense” (ECF No. 1 at 9, 30 (Ground Two)); (3) petitioner's due process rights were violated when Simpson “allowed police radio dispatch transaction with exculpatory value to be erased” (ECF No. 1 at 10, 33 (Ground Three)); (4) trial counsel was ineffective for failing to object to the admission of “ballistic evidence, documentation, and chain of custody via the business record exception” (ECF No. 1 at 12, 34 (Ground Four)); (5) trial counsel was ineffective for “failing to move for an adverse inference instruction and other defense lever[ag]ing discovery sanctions when it was realized that the State had violated defense due process by allowing the radio transmissions evidence to be destroyed” (ECF No. 1 at 35 (Ground Five)); petitioner's due process rights were violated when Simpson “allowed police radio dispatch transaction with exculpatory value to be erased” (ECF No. 1 at 37 (Ground Six, which is duplicative of Ground Three)); trial counsel was ineffective for failing to “impeach the character of Officer Frucci by using the record of multiple excessive force claims lodged against him (ECF No. 1 ...