Williams v. Goord, 02 Civ. 5736(VM).

• Decision Date: 13 August 2003
• Docket Number: No. 02 Civ. 5736(VM).,02 Civ. 5736(VM).
• Citation: 277 F.Supp.2d 309
• Parties: Foster WILLIAMS, Petitioner, v. Glenn S. GOORD, Commissioner New York State Dept. of Corrections, Respondent.
• Court: U.S. District Court — Southern District of New York

277 F.Supp.2d 309

Foster WILLIAMS, Petitioner, v. Glenn S. GOORD, Commissioner New York State Dept. of Corrections, Respondent.

No. 02 Civ. 5736(VM).

United States District Court, S.D. New York.

August 13, 2003.

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Foster Williams, Coxsackie, NY, Pro se.

Beth Janet Thomas, Asst. Attorney Gen., Office of the Attorney General of the State of New York, New York City, for Respondent.

DECISION AND AMENDED ORDER

MARRERO, District Judge.

On July 23, 2002, pro se petitioner Foster Williams ("Williams"), who is presently incarcerated at the Clinton Correctional Facility in the State of New York, filed a Petition For A Writ Of Habeas Corpus Pursuant To 28 U.S.C. § 2254 dated May 23, 2002 ("the Petition") arising out of his conviction in New York State Supreme Court, New York County, of rape in the first degree, sodomy in the first degree, and endangering the welfare of a child in violation of the laws of New York State. Williams raises, as bases for his application, violations of various rights afforded him by the United States Constitution, including that: (1) his guilt was not proven beyond a reasonable doubt; (2) the trial court erred in not suppressing statements made by Williams while in police custody; (3) trial counsel provided ineffective assistance; and (4) appellate counsel provided ineffective assistance. Respondent Glenn S. Goord, the Commissioner of the New York State Department of Corrections, ("Goord" or the "State") opposes Williams's application. In an Order dated July 31, 2003 the Court denied the Petition and indicated that the its findings, conclusions, and reasoning would be set forth in a separate decision. Accordingly, for the reasons described below the Petition is DENIED.

I. BACKGROUND¹

On November 21, 1995 Williams was convicted by a jury in New York State Supreme Court, New York County, of rape in the first degree in violation of New York Penal Law ("NYPL") § 130.35(3), three counts of sodomy in the first degree in violation of NYPL § 130.50(3), and endangering the welfare of a child in violation of NYPL § 260.10(1). Williams was sentenced to concurrent terms of imprisonment of seven to twenty-one years on each of the rape and sodomy counts, and to a term of imprisonment of one year on the remaining count.

The evidence presented at Williams's trial established, as reflected by the jury's verdict, that on June 19, 1994, in his home at 954 St. Nicholas Avenue in Manhattan, Williams raped and sodomized an eight year old girl and afterwards forced the child to smoke crack-cocaine by putting a crack pipe in her mouth. Prior to trial, Williams moved to suppress statements that he made to police officers during an interview at the police station and a line-up conducted after the interview. On October 11-12, 1995, a Huntley/Wade² hearing was conducted before the New York State Supreme Court, New York County, after which the State court denied Williams's suppression motions.

The crux of the State's case against Williams at trial was the testimony of the victim. The State also presented the testimony of the victim's foster mother, to whom the victim had initially described the rape, and the testimony of a medical expert who had examined the victim. The expert testified that the victim's hymen was torn and that there was thinning of the victim's posterior fourchette, a structure unique to younger children which thins out once an individual has had sexual intercourse. The State, however, chose not to introduce the statements that Williams made to the police that had been the subject of his unsuccessful suppression motion.

In October 1998, Williams appealed his conviction to the New York State Supreme Court, Appellate Division, First Department (the "Appellate Division"), which affirmed Williams's conviction. See People v. Williams, 257 A.D.2d 425, 682 N.Y.S.2d 581, 581 (App. Div. 1st Dep't 1999). Williams argued that: (1) his guilt was not proved beyond a reasonable doubt because of purported inconsistencies in the victim's testimony; and (2) the trial court erred in not suppressing the statement that Williams made to the police. (See Brief for Defendant B Appellant ("Defendant's Appellate Brief") (undated) at 15-24 (attached as Ex. A to State Decl.).) The Appellate Division found that the evidence presented at trial was legally sufficient and declined to disturb the jury's determination that the victim's testimony was credible. The court also found that Williams's suppression claim was not properly before it as a matter of law because the prosecution did not offer the underlying statement at trial. See Williams, 682 N.Y.S.2d at 581.

By letter dated January 19, 1999, Williams's appellate counsel sought leave to appeal this decision to the New York Court of Appeals. (See Letter dated January 19, 1999 ("Leave Application") (attached as Ex. D to State Decl.).) Williams's appellate counsel attached the parties' Appellate Division briefs and the decision of the Appellate Division to his letter, but he did not particularize what issues he was raising to the Court of Appeals. See id. On May 19, 1999, the Court of Appeals issued a certificate denying Williams's application for leave to appeal. See People v. Williams, 93 N.Y.2d 930, 693 N.Y.S.2d 514, 715 N.E.2d 517 (1999).

On February 8, 2000 Williams filed a motion to vacate the judgment pursuant to New York Criminal Procedure Law ("NYCPL") § 440.10, alleging, on several theories, that his trial counsel had provided constitutionally ineffective representation. Specifically, Williams claimed that his trial counsel was ineffective for: (1) not objecting when the trial court reserved decision on the motion he made at the close of the State's case for a trial order of dismissal; (2) failing to support his motion for a trial order of dismissal with citations to specific deficiencies in the State's proof as well as relevant case law; (3) failing to conduct a pre-trial investigation into the victim's initial examination by two doctors, which Williams alleges may have resulted in the victim's hymen being accidentally ripped and the posterior fourchette being flattened; (4) failing to obtain Williams's work schedule for the week that the crime was committed to determine if Williams may have been at work on the day of the assault; (5) failing to have testimony concerning his drug use excluded. (See Motion to Vacate Judgment dated February 8, 2000 ("Motion To Vacate") (attached as Ex. E to State Decl.).)

On March 2, 2001, the New York State Supreme Court, New York County, denied Williams's motion under NYCPL § 440.10. The court ruled that the "motion is unsupported by any other affidavit or evidence. The grounds alleged are based on material contained in the record and could have been raised on appeal." (See Decision and Order dated March 2, 2001 ("Section 440.10 Decision And Order") (attached as Ex. H to State Decl.).)

By motion dated April 19, 2001, Williams applied for leave to appeal this denial of his NYCPL § 440.10 motion to the Appellate Division. (See Affidavit in Support of Application for Certificate Granting Leave to Appeal dated April 19, 2001 (attached as Ex. I to State Decl.).) On June 21, 2001 the Appellate Division denied Williams leave to appeal. (See Certificate Denying Leave dated June 21, 2001 (attached as Ex. K to State Decl.).)

On September 10, 2001, Williams filed a petition for a writ of error coram nobis in the Appellate Division, alleging that his appellate counsel provided constitutionally ineffective assistance. (See Notice of Petition for a Writ of Error coram nobis dated September 10, 2001 ("Coram Nobis Petition") (attached as Ex. L to State Decl.).) Williams argued that his appellate counsel was ineffective because he failed to argue on appeal the claim that trial counsel was ineffective and the claim that the victim's testimony was not credible as a matter of law. In addition, Williams criticized his appellate counsel for failing to particularize the issues for review in his application for leave to appeal his conviction to the New York Court of Appeals. See id. at 5. Williams's Coram Nobis Petition was denied on May 16, 2002. See People v. Williams, 294 A.D.2d 965, 744 N.Y.S.2d 755, 755 (1st Dep't 2002).

On June 4, 2002 Williams filed his Petition for a writ of habeas corpus with this Court.

II. DISCUSSION

A. STANDARD OF REVIEW

As amended by the Antiterrorism and Effective Death Penalty Act of 1996 (the "AEDPA"), Williams's Petition is governed by 28 U.S.C. § 2254 which provides, in relevant part, that

an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim .... resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States....

28 U.S.C. § 2254(d)(1).

As the Second Circuit has observed, "[t]he AEDPA `placed a new constraint on the power of a federal habeas court to grant a state prisoner's application for a writ of habeas corpus,'" namely, a deferential standard of review, but only "with respect to claims adjudicated on the merits in state court." Jenkins v. Artuz, 294 F.3d 284, 291 (2d Cir.2002) (quoting Williams v. Taylor, 529 U.S. 362, 412, 120 S.Ct. 1495, 146 L.Ed.2d 389, (2000)). Otherwise, the pre-AEDPA de novo standard of review applies. See Washington v. Schriver, 255 F.3d 45, 55 (2d Cir.2001).

Moreover, a federal court may only examine a petition for a writ of habeas corpus if the petitioner has first "exhausted the remedies available in the courts of the State." 28 U.S.C. § 2254(b)(1)(A); see Picard v. Connor, 404 U.S. 270, 275, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971); Caballero v. Keane, 42 F.3d 738, 740 (2d Cir.1994); Daye v. Attorney...