United States v. LaVallee

• Decision Date: 26 March 1965
• Docket Number: No. 65-CV-129.,65-CV-129.
• Citation: 239 F. Supp. 721
• Parties: UNITED STATES ex rel. Raul ALICEA, Petitioner, v. Hon. J. Edwin LaVALLEE, Warden of Auburn State Prison, Auburn, New York, Respondent.
• Court: U.S. District Court — Northern District of New York

239 F. Supp. 721

UNITED STATES ex rel. Raul ALICEA, Petitioner, v. Hon. J. Edwin LaVALLEE, Warden of Auburn State Prison, Auburn, New York, Respondent.

No. 65-CV-129.

United States District Court N. D. New York.

March 26, 1965.

JAMES T. FOLEY, District Judge.

The knowledge that the claim of coerced plea is being given serious consideration in the federal system with hearings ordered that bring a day or two respite from the dull prison routine is racing through the state prisons like an epidemic. This application is another one of increasing claims of this kind, troublesome only in view of the nebulous principle difficult to apply practically that the improbable challenge of this kind must be searched through and heard out unless clearly incredible. (Machibroda v. United States, 368 U.S. 487, 496, 82 S.Ct. 510, 7 L.Ed.2d 473; United States ex rel. McGrath v. LaVallee, 2 Cir., 319 F.2d 308, 311-312). We shall wear out the Court system if this principle creates a misplaced fear that causes automatic grants of hearings for the incredible, when common sense and ordinary perception assure reasonably that there will only be presented totally unsupported charges of a state prisoner colored to his interest, as naturally comes from a person confined in prison. Evaluation of these petitions from state prisoners, in my judgment, should not begin with the same approach to full credence that one might give to allegations and claims of a seminarian.

This petitioner was indicted with two defendants for the crime of Murder first degree in New York County. After a trial of several days in March 1960, in the former Court of General Sessions, the jury returned a verdict of guilty as charged against the co-defendants, but was unable to agree on a verdict as to this petitioner. The petitioner thereafter entered a plea of guilty to Murder second degree, on May 31, 1960, and on July 26, 1960 was sentenced to forty years to life. The judgment was affirmed on direct appeal, no opinion. (18 A.D.2d 1053). Judge Fuld denied permission to appeal April 9, 1963.

The briefs of the People and the Petitioner-defendant filed in the Appellate Division are submitted with the petition and are helpful in reconstructing a record pertinent to the claims made in the State Court and here. (Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770.) At the time of the plea the petitioner was represented by three court assigned attorneys. At the time of sentence the petitioner, by a note or letter handed to the trial Judge, set forth his reasons for withdrawal of the plea with ugly charges contained therein of racial and religious bias on the part of the Judge and the District Attorney. There is in the present petition for federal relief a further serious accusation, not made in a note, that the trial Judge directly made worse threats to the petitioner in the robing room, even to the extent that he, the Judge, would keep a certain religious group off the jury if the petitioner went to trial. To detail these charges might give comfort to the petitioner by seeing them in print again in a judicial opinion, and I do not intend to dignify them in any respect, and find them incredible, baseless and scurrilous. There is not a speck of support from any person involved for any of these charges outside the petitioner's own statements concerning them.

The brief of the People, which shall be filed with the other briefs with the Clerk of this Court, starting at Page 3 has the complete discussion in open court held among the Judge, the lawyers and the petitioner before the acceptance of the plea of guilty to Murder second degree. In this discussion, there is reference to a conference in the robing room previously held by the Judge at the request of the petitioner's three court assigned lawyers. It is clear from these minutes that a conference definitely was held and discussion had with the petitioner in the...