Stewart v. New York
| Decision Date | 22 September 2021 |
| Docket Number | 20-CV-0329 (JMA) |
| Parties | JESSE LEE STEWART, JR., Petitioner, v. STATE OF NEW YORK, Respondent. |
| Court | U.S. District Court — Eastern District of New York |
Jesse Lee Stewart, Jr. Pro se Petitioner
Caren Cornin Manzello, Assistant District Attorney Suffolk County District Attorney's Office Attorneys for Respondent
On June 29, 2016, following a jury trial in state court, Jesse Lee Stewart, Jr. (“Stewart”) was convicted of one count of Robbery in the First Degree and one count of Attempted Robbery in the First Degree. On July 29, 2016 Stewart was sentenced, as a prior felony offender, to ten years of imprisonment and five years of post-release supervision on the Robbery in the First Degree count, and nine years of imprisonment and five years of post-release supervision on the Attempted Robbery in the First Degree count, with both sentences to run concurrently.
Stewart proceeding pro se, petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, raising various grounds for relief. For the following reasons, all of Stewart's proffered grounds are either procedurally barred or without merit. Therefore, the petition is DENIED in its entirety.
The following facts are taken from the petition and the state court record.[1]
The evidence at trial demonstrated that on April 3, 2015, Stewart robbed Miguel Suarez and Eric Pozowicz by pointing a semi-automatic handgun first at Suarez, demanding cash and stealing $110.00 from Suarez, then pointing the gun at Pozowicz and threatening to “blow his kneecaps off” before Stewart fled before taking any money from Pozowicz.
In April 2015, Miguel Suarez and Eric Pozowicz were friends living together in in Brentwood, New York. (Tr. 409, 464 468.) Suarez and Pozowicz each receive housing through Adelante, a mental health program that supports individuals with mental disabilities and illnesses through providing training classes, supportive programs, and housing. (Tr. 410, 464.) At trial, Suarez testified that he was unemployed, did not graduate from high school, suffered from severe depression and schizophrenia, and received disability payments. (Tr. 405-06.) Pozowicz graduated high school; however he was in special education classes and struggled as an adult with depressive disorder and ADHD. (Tr. 463-64.) Pozowicz also received assistance from the Department of Social Services. (Tr. 463.)
Both Suarez and Pozowicz were also friends with an individual named Martin Karl. (Tr. 410, 468-69.) Karl previously lived with Suarez and Pozowicz in their Brentwood apartment for approximately one year. (Tr. 410-11, 469.) Karl was a certified alcohol and substance abuse counselor for approximately twenty years, but as of April 2015, he was no longer employed and received disability payments for various ailments, including diabetes, ADHD and depression. (Tr. 581-83.) In 2015, Karl resided in the Hemlock apartments in Bay Shore, New York. (Tr. 411, 469, 583.) Both Pozowicz and Karl testified that they had both previously struggled with drug abuse. (Tr. 465, 584-85.) At the beginning of each month, when the disability checks came, both Suarez and Pozowicz met with Karl and went to the Amityville Payroll Services (“APS”) check cashing establishment on Brentwood Road in Bay Shore. (Tr. 415, 470-71.) Suarez and Pozowicz went with Karl when he cashed his check to protect him and prevent people from possibly taking advantage of him. (Tr. 586.)
Stewart also lived at the Hemlock apartments with his sister and girlfriend, Jennifer Shah, and was neighbors with Karl. (Tr. 469, 584, 606-07.) Pozowicz met Stewart, known as “Checks, ” through Karl, and Pozowicz later introduced Stewart to Suarez. (Tr. 412, 470, 583-84.) Pozowicz warned Suarez not to trust to Stewart; however within days of meeting, Stewart was using Suarez's bank account to cash bad checks. (Tr. 412, 475.)
Stewart approached Suarez with a plan to make money off false checks and asked Suarez for his ATM card and pin number for his Citibank bank account. (Tr. 412-13.) Suarez provided Stewart with the ATM card and pin because he trusted him and thought he was a good friend. (Tr. 412-13.) Citibank later contacted Suarez regarding the activity on the account, and Suarez closed his Citibank account on April 2, 2015. (Tr. 414-15.) As such, Stewart no longer had access to Suarez's Citibank account as of April 2, 2015. (Tr. 415.)
The following day, on April 3, 2015, Pozowicz and Suarez had plans to meet Karl at APS cash checking so that he could cash his disability check. (Tr. 415-16, 470, 586-87.) Pozowicz and Suarez left their home in Brentwood and took the public bus to Brentwood Village Shopping Center, where APS is located. (Tr. 415-16, 471.) Pozowicz also brought his bicycle with him on the bus because he had difficulty walking due to issues with his knees and back. (Tr. 471.) Karl met Pozowicz and Suarez at the Brentwood Village Shopping Center at approximately 1:00 p.m., and Suarez accompanied Karl into APS to cash his check while Pozowicz waited outside with his bicycle. (Tr. 416, 471-72, 587.) After Karl cashed his disability check at 1:45 p.m., he and Suarez went to buy cigarettes at Rite Aid while Pozowicz waited for them at the bus stop. (Tr. 472, 587, 547.)
Karl and Suarez left Rite Aid when Stewart approached them. Stewart was with his girlfriend, Jennifer Shah, who was driving a silver Acura. (Tr. 417, 588, 609-610.) Stewart offered Karl a ride home, and Karl accepted and got into the car. (Tr. 589.) Suarez began walking towards the bus stop when Stewart approached him and said, “where the F is my money?” (Tr. 418.) Suarez told Stewart he didn't know what Stewart was talking about. (Tr. 418.) Stewart then pulled a semi-automatic pistol from his waist and told Suarez to “give me everything you got” as he pointed the pistol at Suarez's midsection. (Tr. 418, 443.) Suarez, who was scared for his life, reached into his pocket and gave Stewart approximately $100.00, which was the remainder of his disability check and all the money he had on him. (Tr. 419-20.)
Pozowicz saw Stewart talking to Suarez and Karl from the bus stop and approached them out of concern for Suarez. (Tr. 475.) Pozowicz knew about the false check scam and felt that Stewart was taking advantage of Suarez. (Tr. 475.) Stewart pointed the pistol at Pozowicz's knees and threatened to blow his kneecaps off if he didn't give Stewart money. (Tr. 422, 475-76.) Karl got out of the car to see what was going on, and Pozowicz told him “let's go.” (Tr. 476-77.) Stewart, however, told Karl “you're not going anywhere” and to get back in the car, and Karl complied. Stewart then got in the car without getting any money from Pozowicz and the car drove off. (Tr. 422, 477, 590.)
As the car drove down the street, Suarez and Pozowicz chased after them. (Tr. 422, 590.) Suarez wanted to know why Stewart thought he was owed money and ask Stewart why he took Suarez's money. (Tr. 422.) Pozowicz followed the car to try to see the license plate number as he called 911 and reported the robbery. (Tr. 478, 524.) Meanwhile, Stewart and Shah took Karl to a hotel. (Tr. 590-91, 614.) At the hotel, Karl testified that he saw the gun used in the robbery on the table, but wasn't sure whether it was Shah or Stewart who put it there. (Tr. 591.) Shah and Stewart left Karl at the hotel. (Tr. 591-92, 615.) Karl stayed in the hotel alone overnight, and the next morning, unsure of where he was, he left the hotel and called the police from a nearby store. (Tr. 592.)
Detective Donald Britton and Detective George Harrison were assigned to the robbery investigation on April 3, 2015. (Tr. 337-38, 639.) Suarez and Pozowicz were taken to precinct where they were interviewed by the detectives and told them what happened. (Tr. 338, 639.) Afterwards, the detectives made numerous efforts to locate Stewart and Shah but were unsuccessful in locating them on April 3, 2015. (Tr. 341-42, 640.) There was no video surveillance of the incident, and the detectives were unable to recover the pistol. (Tr. 341, 343.) Stewart was later arrested on July 29, 2015 at the Hemlock apartments. (Tr. 342, 640.)
After his arrest, Stewart was taken to the precinct where he was lodged overnight. (Tr. 641.) The following day, on July 30, 2015, Det. Harrison came into the precinct to speak with Stewart regarding the incident. (Tr. 641.) Stewart was brought into an interview room, and before starting the interview, Det. Harrison opened the door to the room and introduced himself, asked Stewart if he would like water, and told Stewart he would be right back to speak with him. (Tr. 642.) In response, Stewart said “I know why I'm here, it's those crackheads, they said I robbed them.” (Tr. 642.) When Det. Harrison told Stewart again that he would be right back, Stewart replied “don't bother, don't come back.” (Tr. 642.) Thereafter, Det. Harrison did not attempt to interview Stewart. (Tr. 642-43.)
Prior to trial, a suppression hearing was conducted before Hon. John B. Collins to determine whether Stewart's statements should be suppressed. (Hr'g Tr. 1-30.) Det. Harrison testified at the hearing regarding the circumstances of Stewart's statements. (Hr'g Tr. 7-22.) At the conclusion of the hearing, the hearing court denied Stewart's motion to suppress his statements. (Hr'g Tr. 26-27.) The hearing court found that Det. Harrison's exchange with Stewart was not the functional equivalent of a custodial interrogation, and, as such, Miranda warnings were not required. Instead, Stewart's statements were spontaneous and voluntary, and the prosecution was permitted to introduce the statements at trial. (Hr'g Tr. 26-27.)
Stewart's trial began on June 20, 2016...
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