Renzi v. Warden, U.S. Penitentiary, Terre Haute, Ind., 776

• Decision Date: 09 June 1986
• Docket Number: D,No. 776,776
• Citation: 792 F.2d 311
• Parties: Henry S. RENZI, Petitioner-Appellant, v. WARDEN, U.S. PENITENTIARY, TERRE HAUTE, IND., and Attorney General, State of Connecticut, Respondents-Appellees. ocket 84-2333.
• Court: U.S. Court of Appeals — Second Circuit

Page 311

792 F.2d 311

Henry S. RENZI, Petitioner-Appellant, v. WARDEN, U.S. PENITENTIARY, TERRE HAUTE, IND., and Attorney General, State of Connecticut, Respondents-Appellees.

No. 776, Docket 84-2333.

United States Court of Appeals Second Circuit.

Submitted June 11, 1985.

Resubmitted Dec. 23, 1985.

Decided June 9, 1986.

Gary D. Weinberger, Asst. Federal Public Defender, Hartford, Conn. (Thomas G. Dennis, Federal Public Defender for the District of Connecticut, of counsel), for petitioner-appellant.

Richard F. Jacobson, Asst. State's Atty., Bridgeport, Conn., for respondents-appellees.

Before FRIENDLY, ^* OAKES and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Petitioner Henry Renzi seeks a writ of habeas corpus under 28 U.S.C. Sec. 2254 on the grounds that his plea of guilty to a charge of second degree murder was invalid. He claims that he did not knowingly and intelligently waive his rights to confrontation and against self-incrimination, that there was no factual basis for his guilty plea, and that he was not adequately apprised of the elements of second degree murder under Connecticut law. The district court dismissed his petition. Renzi, acting pro se, appealed. After we determined that the issues he raised could not be decided without a transcript of the habeas corpus hearings in a Connecticut state court, we appointed counsel to secure the transcript and represent him on appeal. We affirm.

Renzi was originally indicted for first degree murder in 1969 after he shot the proprietor of a service station during a holdup. There is no dispute that Renzi was involved in the holdup and fired the fatal bullets. It is also clear that he freely confessed his crime to a number of people after arrest, although the exact number is in dispute.

In the course of negotiations over a plea bargain, the prosecutor agreed to drop the charge from first degree murder, which at the time was punishable by, inter alia, death, to second degree murder, which carried a mandatory life sentence but with parole opportunities, to which Renzi would plead guilty.

During the colloquy with the court before his plea, Renzi and his mother, as guardian ad litem, were asked a number of general questions regarding the advice of counsel and Renzi's understanding of the charge against him. The answers to these questions in no way suggested that the plea was anything but a voluntary decision made after being fully advised of his rights. However, Renzi did not state on the record that he intended specifically to waive his rights to confrontation and against self-incrimination, nor did the colloquy develop a detailed factual basis for the plea. Finally, Renzi was not told on the record that intent was an element of the crime of second degree murder in Connecticut.

Before filing the present petition, Renzi sought a writ of habeas corpus in the Connecticut state courts. A hearing was held at which his former counsel testified that he had advised Renzi of his right to cross-examine the witnesses against him, although counsel doubted that effective cross-examination could be developed. According to the attorney's testimony, he advised Renzi that he did not have to take the stand as a witness. He also informed Renzi that conviction of first degree murder was a virtual certainty in light of the fact that Renzi had confessed to thirteen different individuals in prison as well as a to a number of police officers. The fact that these confessions were made somewhat boastfully and without remorse was, in counsel's view, an additional reason for avoiding a trial, which would emphasize this conduct, generate publicity, and perhaps later influence parole officials. Counsel advised Renzi that his best course of action would be to plead to second degree murder and then attempt, through good behavior, rehabilitation, and a showing of remorse, to secure favorable parole treatment. Favorable treatment meant gaining release sometime between 7 and 15 years. Finally, counsel testified that he discussed with Renzi the elements of both first and second degree murder under Connecticut law.

Renzi and his mother also testified. They each based the decision to plead guilty upon defense counsel's absolute guarantee that no more than eight years would be served. Renzi also testified that he was not counseled as to the constitutional rights he would waive by pleading guilty or as to the elements of second degree murder. He admitted that his prison record was not exemplary and included an escape.

The state court declined to issue the writ on the grounds that Renzi had deliberately bypassed an appeal that could have been taken from his plea of guilty. The court stated:

There is ample evidence on the record in this case to show that the petitioner deliberately bypassed the orderly procedure of a direct appeal in waiting eleven years to bring forth this petition. Improper motive is not the touchstone. [citation omitted]. The petitioner, on advice from counsel, made an intelligent decision in light of all the facts surrounding his situation not to attempt to withdraw the guilty plea. Trial would most likely have resulted in conviction for first degree murder. It is certainly reasonable to conclude as did counsel, that the witnesses against the defendant would have built a solid record against any early release. Testimony reflects...