United States v. Myers

• Decision Date: 01 April 1966
• Docket Number: Misc. No. 3161.
• Citation: 252 F. Supp. 918
• Parties: UNITED STATES ex rel. Clarence LOFTON v. David N. MYERS.
• Court: U.S. District Court — Eastern District of Pennsylvania

252 F. Supp. 918

UNITED STATES ex rel. Clarence LOFTON v. David N. MYERS.

Misc. No. 3161.

United States District Court E. D. Pennsylvania.

April 1, 1966.

Alan David Silverman, Philadelphia, Pa., for petitioner.

Arlen Specter, Dist. Atty., of Philadelphia County, Michael J. Rotko, Asst. Dist. Atty. of Philadelphia County, Philadelphia, Pa., for respondent.

DAVIS, District Judge.

The relator was sentenced to life imprisonment for first degree murder by a three judge panel of the Court of Oyer and Terminer and General Jail Delivery of Philadelphia County after he had entered a plea of guilty to murder generally. He now petitions this Court for a Writ of Habeas Corpus, alleging that his constitutional rights were violated due to ineffective assistance of counsel, the failure to have counsel at his preliminary hearing, and the failure to be advised of his right to remain silent and of his right to counsel prior to the signing of his confession.

The relator, along with two other conspirators, committed a robbery at a broom factory at 2nd and Callowhill Streets in the City of Philadelphia on the afternoon of December 15, 1945. The relator remained outside as the lookout man while the other two entered the building. These two encountered the owner and one of his employees; a tussle ensued; and one of the conspirators assaulted the two victims with a sash weight. Both died several days later as a result of these injuries. After the robbery, which netted some $175, the three divided up the money, had a few drinks at a local bar, and then separated. It was not until late May 1946, some six months later, that the crime was solved when the relator was arrested for another offense. The police were questioning him about a number of unsolved crimes in the city when he admitted his complicity in the robbery at the broom factory.

While in custody of the authorities, the relator signed a confession setting forth his part in the felony-murder. It was signed on the morning of June 8, 1946, some 14 days after he was taken into custody.

It was not until sometime later that same day, June 8, that he was given a preliminary hearing before a magistrate. The relator was warned of his right to remain silent but was not represented by a lawyer. He decided to speak and confirmed everything that one of the other conspirators had related at the hearing about the robbery and assault. His confession was also read. He was then held for court without bail.

Subsequently, the court appointed two attorneys to represent him since he was under indictment for murder. On January 31, 1947, in the presence of his counsel he withdrew his plea of not guilty and entered a general plea of guilty to murder. A three judge panel then heard testimony to determine the degree of murder and the penalty to be invoked. The evidence clearly indicated first degree murder because the killing took place in the perpetration of robbery. Probably due to his cooperation with the police and his nonparticipation in the actual killing of the two victims, he escaped the death penalty and was sentenced to life imprisonment.

The most serious allegation in his petition for a writ of Habeas Corpus is the failure of the police to warn him of his constitutional right to counsel and of his right to remain silent when they took him into custody. To this contention the relator has now coupled the additional element, first raised at this hearing, that the police beat him into making his confession. While the District Attorney vigorously denies coercion of any kind, he concedes that the police did not warn the accused of his rights as now required by Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964), and United States ex rel. Russo v. State of New Jersey et al., 351 F.2d 429 (3d Cir. 1965).

The court is willing to admit that what really happened during that fateful period almost twenty years ago will probably never be fully known. However, on the evidence presented, we do not believe the story of the relator as to his being beaten. Now almost two decades after his arrest, at a time when most if not all the key witnesses who might refute this charge are dead or unavailable for one reason or another, he contends for the first time that he was physically intimidated into making his confession. He never once mentioned anything about coercion to his two attorneys and when asked why he had never said a word to them, he replied, "Because they didn't ask me." It is inconceivable to this court that any man who had been as severely beaten as the relator now claims would have thought it so inconsequential as not to have told his counsel about it. His testimony is incredible and will not be accepted by this court.

The fact still remains that the police did not warn the relator of his constitutional rights prior to his signing the confession. However, even assuming, without deciding, that Escobedo and Russo, supra, are retroactive, we find that under the circumstances of this case, he is not entitled to release from custody since his guilty plea was freely and understandingly made and in no way induced by the existence of his confession. United States ex rel. Maisenhelder v. Rundle, 349 F.2d 592 (3d Cir. 1965); Hudgins v. United States, 340 F.2d 391 (3d Cir. 1965); United States ex rel. Vaughn v. La Vallee, 318 F.2d 499 (2d Cir. 1963).

The relator pleaded guilty to murder generally in open court in the presence of his two attorneys. He was asked whether his plea was voluntary...