Rodriguez v. Johnson
| Decision Date | 21 March 2019 |
| Docket Number | Civ. No. 16-1315 (KM) |
| Parties | JESUS RODRIGUEZ, Petitioner, v. STEVEN JOHNSON and THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, Respondents. |
| Court | U.S. District Court — District of New Jersey |
Before this Court is the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by petitioner Jesus Rodriguez ("Mr. Rodriguez" or "Petitioner"). (DE 1.) Mr. Rodriguez is presently confined at New Jersey State Prison in Trenton, New Jersey. For the reasons set forth below, Mr. Rodriguez's habeas petition and renewed motion for an evidentiary hearing are denied, and a certificate of appealability will not issue.
This Court, affording the state courts' factual determinations the appropriate deference, see 28 U.S.C. § 2254(e)(1),1 will reproduce the pertinent relevant facts set forth by the Appellate Division of the Superior Court of New Jersey ("Appellate Division") in (1) its April 12, 2004written opinion during direct appeal (State v. Romero, Nos. A-4974-99, A-6593-99, A-0282-00, A-0834-00, A-5704-00 (App. Div. Apr. 12, 2004) (slip op. at 1-118) (DE 10-2; DE 10-3)); and (2) its August 26, 2015 written opinion affirming denial of post-conviction relief ("PCR") (State v. Rodriguez, No. A-3656-12T1, 2015 WL 5038103, at *1 (N.J. Super. Ct. App. Div. Aug. 26, 2015).)
Mr. Rodriguez and nine co-defendants were members of a local New Jersey chapter of a national organization called the Latin Kings. The Orange Crush was an elite enforcement group of the Latin Kings, appointed by defendant Luis Manso, a Latin Kings regional officer. Orange Crush handled special problems of Latin Kings members. Rodriguez, 2015 WL 5038103, at *1. (DE 10-2 at 9.)
According to defendant David Martinez, defendant Michael Romero held a Latin Kings member meeting at his Jersey City home on June 29, 1998. He explained that, the day before. Omar D. Morante ("Omar D") and Jimmy Cabrera had conducted a drive-by shooting at his apartment complex. Mr. Romero believed that he had been the shooting's intended target. He wanted the Latin Kings to retaliate on his behalf. Defendant Charles Byrd, who attended the meeting, agreed. He ordered Orange Crush to kidnap Omar D and Jimmy Cabrera that night, break their shooting arms, and then kill them. Rodriguez, 2015 WL 5038103, at *1.
Later that day, roughly twenty-five Latin Kings members met at Romero's home. Id. at *2. After that meeting, David Martinez drove Edwin Rivera's Bronco, with Edwin Rivera, Miguel Torres, Juan Cortes, and Omar W. Morante ("Omar W") as passengers. Luis Manso drove his car, with Michael Romero, Jose Antonio Perez, and Omar D (Omar W's twin brother)) as passengers. Juan DeJesus drove Jesus Rodriguez's vehicle, with Jesus Rodriguez, LuisRodriguez, Edwin Diaz, Jimmy Cabrera, and Sfand Rajabzaden as passengers. Id. (DE 10-2 at 8-9.)
Because David Martinez was not sure of their destination in Newark, he pulled over near an interchange on the New Jersey Turnpike. The other cars followed. Luis Manso used the pay phones at the interchange to call Charles Byrd and confirm that their orders were to carry out the punishment without a "trial." According to David Martinez, while Luis Manso was speaking to Charles Byrd, Jesus Rodriguez asked to speak to Charles Byrd to persuade him that a "trial" was necessary, but Luis Manso told him that Charles Byrd refused to reconsider the issue. According to Juan DeJesus, when Luis Manso hung up the phone, he said: "[Byrd] said we got to do this." Rodriguez, 2015 WL 5038103, at *1.
While they were stopped at the Turnpike rest area, Omar W -- fearing the others' intended plan -- sought the help of a toll collector, under the guise of using the restroom. The collector directed him to a nearby toll office. Recognizing what was transpiring. Luis Martinez tried to interrupt by grabbing Omar W's arm. When the toll collector objected, Martinez released Omar W, and the cars pulled away. Intended victims Omar W and Juan Cortes escaped from the cars. (DE 10-2 at 9.)
Intended victims Omar D and Jimmy Cabrera, however, were taken to Branch Brook Park in Newark, where they were strangled to death and left lying face down in the water. (DE 10-2 at 9.)
Two eyewitnesses to the murders, Ricardo Diaz and Luis Rodriguez, testified for the State. Although their versions of the circumstances surrounding the murders differed to some extent, each testified that Jesus Rodriguez and Michael Romero directly participated in thekillings. Rodriguez, 2015 WL 5038103, at *2. The two witnesses also testified that Luis Manso was at the scene and said "Set it off," after which the attack began. Id.
According to Ricardo Diaz, Jesus Rodriguez grabbed Omar D in a headlock in the park, then handed him over to Juan Antonio Perez. (DE 10-2 at 16.) Michael Romero grabbed Jimmy Cabrera, who was not fighting back much. (Id.) However, Omar D was resisting so strongly that Michael Romero had to help Juan Antonio Perez, who held down Omar D while Michael Romero beat him with a belt. (Id.) Romero also kicked and punched Cabrera, tore off his shirt, twisted it around his neck, and instructed Diaz to hold it tightly -- which he did until Cabrera stopped moving. Id. Ricardo Diaz further testified that Luis Manso directed him to drag Cabrera's body to the water, which he did. Rodriguez, 2015 WL 5038103, at *2.
According to State witness Luis Rodriguez, Luis Manso ordered him to help Juan Antonio Perez drown Omar D, but Luis Rodriguez refused. Rodriguez, 2015 WL 5038103, at *1. Omar D was still struggling, so they dragged him towards the water as he screamed: Michael Romero and Juan Antonio Perez appeared to be trying to drown Omar D, and when he stopped moving, Perez dragged the body further into the water. At Luis Manso's direction, Ricardo Diaz dragged Jimmy Cabrera's body to the water, as well. (DE 10-2 at 16.)
Ricardo Diaz left the crime scene in Jesus Rodriguez's car with Jesus Rodriguez, Luis Rodriguez, and Juan DeJesus. (Id.) Luis Rodriguez asked Diaz "if that was his first, and he was speechless." (Id.) Luis Rodriguez said, "That kid put up a fight," and Jesus Rodriguez said, "Yeah, [he] was strong." (Id. at 16-17.)
Juan DeJesus also testified for the State. He explained that he stayed in the car at the scene of the attack because Jesus Rodriguez had told him to do so. Juan DeJesus did not witnessthe murders. He testified, however, that he saw the others run sweaty and dirty from the bushes. Rodriguez, 2015 WL 5038103, at *2.
In November 1998, Mr. Rodriguez and his nine co-defendants were indicted and charged in eighteen counts with six different crimes against four victims, two of whom were killed. They were all charged with four counts of second-degree conspiracy to commit kidnapping: four counts of first-degree kidnapping; four counts of second-degree conspiracy to commit murder; two counts of murder; two counts of felony murder; and two counts of attempted murder. Edwin Diaz, who was also charged with additional counts, Ricardo Diaz, David Martinez, Sfand Rajabzaden, Edwin Rivera, and Miguel Torres pled guilty. The trial judge denied motions for separate trials. Id. at *1.
Mr. Rodriguez and co-defendants Luis Manso, Michael Romero, Jose Antonio Perez, and Charles Byrd were tried jointly between January 24 and March 17, 2000. Id. Mr. Rodriguez was sentenced on April 26, 2000 and received two consecutive life sentences for the murder convictions, eighty-five percent without parole; four concurrent life sentences for the kidnapping convictions, eighty-five percent without parole; and concurrent fifty-year sentences for the attempted murder convictions. The remaining convictions merged. (DE 10-2 at 7.) Mr. Rodriguez and the co-defendants who were tried with him appealed. In an unpublished opinion, the Appellate Division affirmed the convictions. State v. Romero, Nos. A-4974-99, A-6593-99, A-0282-00, A-0834-00, A-5704-00 (App. Div. Apr. 12, 2004) (slip op. at 1-118) (DE 10-2; DE 10-3.) The Supreme Court denied certification. State v. Romero, 181 N.J. 548 (2004).
Mr. Rodriguez filed his PCR petition in March 2005. He raised issues primarily related to allegations of constitutionally ineffective assistance of trial2, appellate, and PCR counsel, as well as trial errors not raised on direct appeal. See Rodriguez, 2015 WL 5038103, at *2.
The PCR judge held an evidentiary hearing on Mr. Rodriguez's PCR petition, as well as those filed by Mr. Manso, Mr. Romero, and Mr. Perez. Rodriguez, 2015 WL 5038103, at *3. In a written decision and order dated January 7, 2013, the PCR judge denied relief and dismissed Mr. Rodriguez's petition. (DE 10-6.) He reached the same result with respect to the petitions filed by the other three defendants. (Id.) Rodriguez, 2015 WL 5038103, at *3.
Mr. Rodriguez appealed the denial of PCR, raising seven issues, including his trial attorney's IAC for "fail[ure] to attend or procure replacement counsel for all jury selection proceedings." (DE 10-5 at 3.) In his pro se supplemental brief, Mr. Rodriguez argued that trial counsel rendered IAC by "fail[ing] to advise [Petitioner] on whether or not to testify, to inform him that the choice whether to testify was ultimately his to make, and to honor [Petitioner's] wish to testify." (DE 10-6 at 3.) In a second pro se supplemental brief, Mr. Rodriguez again argued IAC by trial counsel's failure to inform him of his right to testify, which prejudiced him. (DE 10-7 at 5.) Rodriguez, 2015 WL 5038103, at *3.
In a detailed written opinion filed on August 26, 2015, the Appellate Division affirmed denial of PCR. Rodriguez, 2015 WL 5038103, at *5-10.
On March 3, 2016, Mr. Rodriguez filed his § 2254 Petition with this Court. (DE 1 at 17.) He raises four grounds for relief: (1) ineffective assistance of counsel ("IAC") by his trialattorney in failing to...
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