United States v. Laura
Decision Date | 12 November 1980 |
Docket Number | Crim. No. 76-82-10. |
Citation | 500 F. Supp. 1347 |
Parties | UNITED STATES of America v. Priscilla Dominguez LAURA. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Peter F. Vaira, U.S. Atty., James J. Rohn, Asst. U.S. Atty., Philadelphia, Pa., for plaintiff.
The defendant, Priscilla Laura, has moved under Fed.R.Crim.P. 32(d) to withdraw her plea of guilty and vacate the sentence imposed upon her pursuant to that plea. She alleges in support of her motion that there was a conflict of interest in that she and her husband were represented by the same counsel, that the trial judge did not comply with Fed.R.Crim.P. 11 when he accepted her plea, and that she was sentenced to an adult term of probation instead of a probationary term under the Youth Corrections Act. For the reasons hereinafter set forth, the defendant's motion will be denied.
The defendant was indicted under two counts of a five count indictment in February of 1976 in the Eastern District of Pennsylvania. She was twenty-one (21) years of age at that time. In Count I, the defendant was charged with conspiracy to import cocaine, in violation of 21 U.S.C.A. § 963. Count II charged the defendant with importing cocaine, in violation of 21 U.S.C.A. § 952. Ten other people, including Anthony Laura, the defendant's husband, were named as defendants in the indictment. The defendant's husband was charged under all five counts of the indictment.1 This case was originally assigned to another judge in this district. All of the defendants initially pleaded not guilty.
Both the defendant and her husband were represented by Robert Kalina, Esq. After a pretrial conference in April of 1976, the trial judge entered an order directing the defendant and her husband to obtain separate counsel on the ground that there was an apparent conflict of interest. In response to the trial judge's order, both defendants filed separate affidavits in which each stated that he and she desired to be represented by Mr. Kalina.
At a hearing on the pretrial motions on April 27, 1976, both the defendant and her husband stated on the record that they both desired to be represented by Mr. Kalina and waived their right to raise the conflict of interest issue. On the basis of their affidavits and their statements made at the hearing, the Court permitted Mr. Kalina to continue his representation of the defendant and her husband. After the hearing, the Government and the defendants entered into a plea agreement. Pursuant to the agreement, all of the defendants changed their plea from not guilty to guilty before the same trial judge in October, 1976. All of the defendants were sentenced pursuant to the plea agreement on June 20, 1977. The defendant received a sentence of probation for five years and her husband received a sentence of two years imprisonment with a special parole term of three years.
In August of 1978, while on probation, the defendant was convicted in the United States District Court for the Southern District of Florida for possession and distribution of cocaine, and in September, 1978 received a sentence of four years imprisonment with a special parole term of three years. Subsequent to her conviction and sentencing in Florida, a petition to revoke her probation was filed in this court with the trial judge. Prior to the probation revocation hearing, which was scheduled for December 28, 1978, the defendant, who was then being represented by another attorney, filed a motion to withdraw her guilty plea and vacate sentence. The trial judge ordered her to retain local counsel for this motion since her counsel was not a member of the bar of this court. She retained James Rothstein, Esq., a member of the bar of this court, as local counsel. The defendant then moved to have this motion transferred to another judge on the ground that there was a conflict of interest between the trial judge and her local counsel. The trial judge ordered Mr. Rothstein to withdraw from the case, and directed that her attorney, Mr. Casteleiro, proceed with the hearing on the motion without local counsel. After the hearing, the trial judge denied the defendant's motion to withdraw her guilty plea and vacate sentence, found her in violation of probation, revoked her probation, and sentenced her to a term of imprisonment of two years with a special parole term of three years.
The defendant filed an appeal. Our Third Circuit, in United States v. Laura, 607 F.2d 52 (3d Cir. 1979), stated:
We find that on the present record the dismissal of James Rothstein may have violated Laura's sixth amendment right to counsel and that the dismissal may have tainted the proceedings that followed. We will therefore remand to the district court without reaching Laura's claim as to the validity of her original 1976 conviction. Id. at 55.
The Laura Court also stated that on remand:
The trial judge vacated the sentence on revocation of probation and initiated steps to have the matter transferred. The case is now on our docket.
The defendant was in Florida when the trial judge entered his order that she and her husband should retain separate counsel because of an apparent conflict of interest. Mr. Kalina telephoned her and told her of the trial judge's order. He stated that he was going to prepare affidavits for her and her husband setting forth their respective desires to have him represent both of them and waiving their rights to separate counsel. Mr. Kalina mailed an affidavit to her, which she signed, had notarized, and returned to Mr. Kalina. The affidavit, which was filed with the court, reads as follows:
As previously stated, after the trial judge had ordered the defendant and her husband to retain separate counsel, she and her husband appeared at a hearing on April 27, 1976. They requested that the trial judge rescind his order that they retain separate counsel. The transcript of that hearing shows that the trial judge asked Mr. Kalina:
to step forward with your clients and ... have each of them make a statement on the record that will roughly parallel the information in the affidavit so there is no question that they understand their rights, that they waive them, that they wish you as their attorney, and believe there is no conflict of interest. (N.T. April 27, 1976, at 6).
In response to Mr. Kalina's questions, the defendant stated that Mr. Kalina was the attorney of her choice, that she perceived no conflict of interest in the representation of her and her husband by Mr. Kalina, that she waived her right to raise the conflict of interest issue, and that Mr. Kalina could best represent her interests while also representing her husband. The United States Attorney stated at the hearing that despite the waiver, he objected to the representation of the defendant and her husband by Mr. Kalina. He...
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