United States v. Yazzie

• Decision Date: 06 May 2014
• Docket Number: No. CR 10-1761 JB,CR 10-1761 JB
• Court: U.S. District Court — District of New Mexico
• Parties: UNITED STATES OF AMERICA, Plaintiff, v. WILLIS YAZZIE, Defendant.

UNITED STATES OF AMERICA, Plaintiff, v. WILLIS YAZZIE, Defendant.

No. CR 10-1761 JB

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Dated: May 6, 2014

MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court on: (i) the Letter from Defendant Willis J. Yazzie to the Honorable James O. Browning, dated March 11, 2014, filed March 13, 2014 (Doc. 134)("March 11, 2014 Letter"); and (ii) the Letter from Yazzie to Judge Browning, dated March 12, 2014, filed March 14, 2014 (Doc. 133)("March 12, 2014 Letter"). The Court held a sentencing hearing on March 21, 2014. The primary issues are: (i) whether Yazzie has given the Court a fair and just reason to allow him to withdraw his guilty plea; (ii) whether the Honorable Richard L. Puglisi, former Chief United States Magistrate Judge for the District of New Mexico,¹ violated rule 11 of the Federal Rules of Criminal Procedure during Defendant Willis Yazzie's plea colloquy; (iii) whether Yazzie has presented any new arguments or evidence to change the Court's analysis regarding his medical records and the allegations against him involving Jane Doe 2; and (iv) whether Yazzie's argument that he did not understand that he was waiving, at his plea colloquy, the protections of rule 410 of the Federal Rules of Evidence and pleading guilty to an information rather than an indictment affect the knowing and voluntary nature of his guilty plea. The Court will deny Yazzie's requests to withdraw his guilty plea, because Yazzie'sarguments and evidence do not change the Court's previous analysis that the seven factors that the United States Court of Appeals for the Tenth Circuit requires the Court to consider weigh as a whole against permitting Yazzie to withdraw his plea. Judge Puglisi was not involved in the plea negotiations between Plaintiff United States of America and Yazzie, and thus, did not violate rule 11. The Court previously considered Yazzie's argument that his medical records should have been suppressed, and again concludes that whether Yazzie gave up a meritorious suppression argument when he pled guilty does not affect the knowing and voluntary nature of his plea. Although Yazzie asserts that he did not know at the time of his plea that he was waiving the protections of rule 410 or that he was pleading guilty to an information rather than an indictment, these arguments do not render his guilty plea unknowing and involuntary.

FACTUAL BACKGROUND

Yazzie lived in an "eight-foot-by-eight-foot shack" in Two Grey Hills, New Mexico, with his wife and their four children, two of whom were Jane Doe 1 and Jane Doe 2, Yazzie's stepdaughters. United States' Response to Defendant's Motion Withdraw [sic] His Plea of Guilty at 1, filed December 30, 2011 (Doc. 62)("Response")(citation omitted). The Navajo Tribal Police Department learned that Yazzie was allegedly abusing Jane Doe 1, who was thirteen years old at the time, and Jane Doe 2, who was then ten years old, on May 3, 2010. Response at 1. On May 10, 2010, the Navajo Police interviewed Yazzie regarding the allegations. See Response at 4. Before the interview, Yazzie orally and in writing waived his rights under Miranda v. Arizona, 384 U.S. 436 (1966).² See Response at 4. Yazzie admitted that he had an intimate relationshipwith Jane Doe 1, which involved him kissing Jane Doe 1, holding hands with her, putting his penis on her cheek and telling her to suck it, which she would not, and touching her vagina, both over her clothes and under clothes, including penetration with his finger. See Response at 4. Yazzie denies ever having intercourse with Jane Doe 1. See Response at 1-2. Yazzie admitted that he touched Jane Doe 2's vagina one night, but contends that he thought it was his wife's, and not Jane Doe 2's, that he was touching. See Response at 5. He denies having intercourse with Jane Doe 2. See Response at 5.

PROCEDURAL BACKGROUND

The Court has previously described the procedural history in this case, including the charges against Yazzie, his guilty plea pursuant to a plea agreement, and his subsequent attempts to withdraw his guilty plea. See Memorandum Opinion and Order, filed June 4, 2013 (Doc. 100)("June 4, 2013 MOO"); Memorandum Opinion and Order, filed February 6, 2014 (Doc. 130)("Feb. 6, 2014 MOO").

In the Criminal Complaint, filed May 12, 2010 (Doc. 1), the United States charged Yazzie with committing "multiple acts of aggravated sexual abuse to two minor children under the ages of twelve and sixteen years in violation of" 18 U.S.C. §§ 2241(c) and 2246(2)(C)(D). Criminal Complaint at 1. A person convicted under 18 U.S.C. § 2241(c) "shall be fined underthis title and imprisoned for not less than 30 years or for life." 18 U.S.C. § 2241(c). A Grand Jury indicted Yazzie on two counts of aggravated sexual abuse: as to Jane Doe 1, the Grand Jury indicted Yazzie for violating 18 U.S.C. §§ 1153, 2241(c), and 2246(2)(C), and as to Jane Doe 2, the Grand Jury indicted him for violating 18 U.S.C. §§ 1153, 2241(c), and 2246(2)(D). See Indictment at 1-2, filed June 10, 2010 (Doc. 12). Yazzie pled not guilty to the two counts in the Indictment. See Clerk's Minutes of Arraignment at 1, filed June 16, 201 (Doc. 14).

1. The Plea Agreement and Plea Hearing.

As part of a Plea Agreement, filed February 9, 2011 (Doc. 38), Yazzie pled guilty to an Information, filed February 9, 2011 (Doc. 35), in which the United States charged Yazzie with Aggravated Sexual Abuse of Jane Doe 1, in violation of 18 U.S.C. §§ 1153, 2241(a), and 2246(2)(C). See Information at 1; Plea Agreement ¶ 3, at 2. A person convicted under 18 U.S.C. § 2241(a) "shall be fined under this title, imprisoned for any term of years or life, or both." 18 U.S.C. § 2241(a). The United States and Yazzie agreed to a specific sentence "between 15 years (180 months) and 19 years (228 months) imprisonment," pursuant to rule 11(c)(1)(c) of the Federal Rules of Criminal Procedure. Plea Agreement ¶ 10(a), at 4. In the Plea Agreement, in the section titled "Defendant's Admission of Facts," the statement from Yazzie reads, in part:

Moreover, in pleading guilty, I acknowledge that if I chose to go to trial instead of entering this plea, the United States could prove facts sufficient to establish my guilt of the offense to which I am pleading guilty beyond a reasonable doubt. I specifically admit the following facts related to the charges against me, and declare under penalty of perjury that all of these facts are true and correct:

. . . .

During March of 2010, I, Willis Yazzie, inserted my finger into the vaginal opening of my stepdaughter, A.N., a/k/a Jane Doe. A.N. was 13 years old at the time. In doing so, I used force against A.N.

Plea Agreement ¶ 8, at 3 (emphasis in original). Yazzie also stipulated:

[T]he Defendant agrees that, upon the Defendant's signing of this plea agreement, the facts that the Defendant has admitted under this plea agreement as set forth above, as well as any facts to which the Defendant admits in open court at the Defendant's plea hearing, shall be admissible against the Defendant under Federal Rule of Evidence 801(d)(2)(A) in any subsequent proceeding, including a criminal trial, and the Defendant expressly waives the Defendant's rights under Federal Rule of Criminal Procedure 11(f) and Federal Rule of Evidence 410 with regard to the facts the Defendant admits in conjunction with this plea agreement.

Plea Agreement ¶ 10(c), at 5.

At the plea hearing, Yazzie swore that the testimony he gave was the "truth, the whole truth, and nothing but the truth." For The Record at 12:05:45-05:58 (Sanchez, Yazzie)("FTR"); Transcript of Plea Hearing at 2:13, taken February 9, 2011, filed January 17, 2012 (Doc. 63)("Plea Tr.")(stating that the Defendant was sworn). Judge Puglisi asked Yazzie whether he had been recently treated for any mental illness or addiction to narcotic drugs, and whether Yazzie was under the influence of alcohol or drugs of any kind; Yazzie answered "no" to both questions. Plea Tr. at 2:24-3:7 (Judge Puglisi, Yazzie). Yazzie responded "yes" to Judge Puglisi's question whether Yazzie was satisfied "in all respects with his attorney Mr. Loonam." Plea Tr. at 3:8-11 (Judge Puglisi, Yazzie). Yazzie affirmed that he had read the Consent to Proceed Before United States Magistrate Judge in a Felony Case, filed February 9, 2011 (Doc. 37), the Waiver of Indictment, filed February 9, 2011 (Doc. 36), and the Plea Agreement, and Yazzie stated that he had also reviewed the documents with his counsel. See Plea Tr. at 3:12-21 (Judge Puglisi, Yazzie). Yazzie stated that he did not have any questions about those documents. See Plea Tr. at 3:22-24 (Judge Puglisi, Yazzie). Yazzie stated that he understood the information in those documents. See Plea Tr. at 3:25-4:2 (Judge Puglisi, Yazzie). Yazzie affirmed that he had signed the documents. See Plea Tr. at 4:3-6 (Judge Puglisi, Yazzie).Yazzie affirmed that he understood that, by signing the Consent to Proceed Before United States Magistrate Judge in a Felony Case, he had given up his right to have the District Judge receive his plea. See Plea Tr. at 4:7-10 (Judge Puglisi, Yazzie). Yazzie also stated that he understood that, by signing the Waiver of Indictment, he had given up his right to have a grand jury indict him before he pled. See Plea Tr. at 4:11-16 (Judge Puglisi, Yazzie). On the basis of Yazzie's statements, Judge Puglisi approved the Consent to Proceed Before United States Magistrate Judge in a Felony Case and the Waiver of Indictment, finding that Yazzie had "full knowledge" of their meaning and effect. Plea Tr. at 4:17-19 (Judge Puglisi).

Assistant Federal Public Defender James C. Loonam, Yazzie's counsel at the time, stated that he was convinced that Yazzie understood the rights he gives up by pleading guilty and his likely sentence under rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure. See Plea Tr. at 4:20-25 (Judge Puglisi, Loonam). When Judge Puglisi asked Yazzie whether the Plea Agreement is his...