Instead, relying upon three of these eight exceptions Alexander argues that the state trial court's finding that his third confession, the one given to the state prosecutor, was a voluntary confession should not be presumed to be a correct finding. No, I didn't turn around. Measured against this standard, many state rules would not be constitutionally required. The arresting officers, however, testified that Alexander had not been beaten. What did you have to do? Guards with seniority, he said, often request transfers to other prisons. No response. And in contrast to the facts in Escobedo at no time from Alexander's arrival at the stationhouse until his confession to DiBenedetto later that evening did any attorney appear at the stationhouse or call the stationhouse requesting to speak to Alexander; Alexander, while in detention, was repeatedly and carefully warned of his constitutional right to counsel and, most significantly, at no time before or during his various discussions with the police officers or the prosecutor at the stationhouse did he, despite his undeniable familiarity with his right to counsel, protest that he wished to consult with an attorney. §§ 2254(d)(6), (7). 155b. It is a maximum security prison that houses some of the most dangerous criminals in New York State. People v. Phillips, 87 Misc.2d 613, 616, 384 N.Y.S.2d 906, 909 (1975). Again choosing to waive those rights, Alexander once more implicated himself in the crime by telling Detective Cambridge: "All right, you have got me and you have got the little guy. it must be established not merely that the [State's action] is undesirable, erroneous, or even 'universally condemned,' but that it violated some right which was guaranteed to the defendant by the Fourteenth Amendment. Q. After interviewing the juror, the FBI concluded that the bribery attempt had been made "in jest," Id., at 228, 74 S.Ct., at 451, and had not had a prejudicial impact. The States also employ rules of implied bias. At the evidentiary hearing, they claimed that they failed to disclose the fact that Smith had applied for a job with their office in part because they were caught up in preparations for the final stages of trial. It stated, however, that this presumption is not conclusive, and that the Government should be given an opportunity to show that the contact was harmless. As we said in Cupp v. Naughten, 414 U.S. 141, 146, 94 S.Ct. Ibid. The defendant faces a substantial burden only if the prosecutor fails to disclose material evidence, when no specific request for the evidence was ever made. Against the background of the mass revolutionary, black power and prisoners' movements in the US, a five day revolt began on September 9, 1971 at the Attica Correctional Facility near Buffalo, NY in the United States. I'm not sure, like he boxed him, and the gun went off. The court explained: "To condone the withholding by the prosecutor of information casting substantial doubt as to the impartiality of a juror, such as the fact that he has applied to the prosecutor for employment, would not be fair to a defendant and would ill serve to maintain public confidence in the judicial process." . Alexander testified at the hearing in state court that an officer had, at Alexander's request, given him a pack of cigarettes and, before Judge Curtin, Alexander acknowledged that he had been given "a cup of coffee and a small piece of cake," (District Court Opinion, at pg. 1890). The very next day, Smith phoned the District Attorney's Office to check on the status of his application. The trial judge stated that the failure to inform the court and defense counsel of Smith's application was "a serious error in judgment," People v. Phillips, 87 Misc.2d 613, 628, 384 N.Y.S.2d 906, 916 (1975), and "unique misjudgment," id., at 631, 384 N.Y.S.2d, at 918. He also disclosed that his wife was interested in law enforcement, an interest which arose out of an incident in which she was assaulted and seriously injured. 339 U.S., at 167, 70 S.Ct., at 521. Alexander places himself between the proverbial rock and a hard place in attempting to capitalize on the state trial court's failure to make a specific finding (as a prelude to its finding that Alexander's third confession was voluntary) that the third confession was not tainted by the initial statement given to Detective Schneider. The District Court granted the writ, 485 F.Supp. The court stated that the juror's bias could not be "avoided or dissolved by admonitions from the court or by the juror's assertion that she believed she could judge the case impartially." TOP. In response to DiBenedetto's questions, Alexander gave an extremely comprehensive statement which fully implicated him in the robbery and murder at the Bohack's supermarket in Brooklyn.4. As the Court of Appeals stated, given the human propensity for self-justification, it is very difficult "to learn from a juror's own testimony after the verdict whether he was in fact 'impartial.' Do you know what kind or what caliber? 734 (1950); Frazier v. United States, 335 U.S. 497, 69 S.Ct. Our decision last Term in Chandler v. Florida, 449 U.S. 560, 101 S.Ct. See supra, at 238-239. Q. Of equal importance, this case is a federal habeas action in which Justice Birns' findings are presumptively correct under 28 U.S.C. In other words, the Court ordered precisely the remedy which was accorded by Justice Birns in this case. Q. 0 LinkedIn members shared this salary. I wish to apply for a position as an investigator.". Decided June 25, 1976. If you’d like to contact the head of the Attica State […] Name Components. A. It was in the afternoon like I said, when I got home, my wife don't usually get home till about five o'clock or ten after five. " 419 U.S., at 532, 95 S.Ct., at 698 (quoting Ballard v. United States, supra, 329 U.S. at 194, 67 S.Ct., at 264). Do you know Gene's last name? We thus conclude that the record here, and the detailed and specific findings of fact which the state trial court judge made on the basis of that record, establish to our satisfaction as they also established to the satisfaction of the federal district judge below that Alexander's motion to suppress his confession to Assistant District Attorney DiBenedetto was properly denied. See N.Y. CPL § 270.35 (McKinney 1971). 450 U.S. 909, 101 S.Ct. Exclusion is impermissible, not simply because jurors who are not members of the defendant's class may be prejudiced against the defendant, but also because the jury would be deprived of "a perspective on human events that may have unsuspected importance in any case that may be presented." However, the third statement, the statement made to Assistant District Attorney DiBenedetto, was received. However, a hearing during trial is far more likely to reveal evidence of bias than a post-trial hearing. To the contrary, Leonard reveals that the Court has employed such a rule in those limited circumstances presenting an unusually high probability that a juror is biased and a similarly high probability that a hearing will not reveal that bias. Comp.Laws Ann. We discuss these claims seriatim. 802, 66 L.Ed.2d 740 (1981), also treated a claim of implied juror bias. We went in the supermarket, and he told me he said "You stand by the door.". The facts surrounding Alexander's detention at the 73rd Precinct stationhouse do not, to put it simply, even begin to approach the affirmative and inexcusable police disregard of an existing attorney-client relationship that was so evident in Brewer. Attica Correctional Facility is a maximum security prison housing males convicted of felonies who are 21 years of age or older committed directly by the Fifth, Sixth, Seventh and Eight judicial districts of New York . A. August 24th, I don't know if that's the correct date or not. Q. Alexander then asked, "You said that if I wanted an attorney present, that's my right to have an attorney present (?)" If a replacement had been made, the substantial danger of juror bias would have been eliminated. Do you know what Gene did with the guns? §§ 2254(d)(1)-(8) can be shown to exist or unless Alexander can bear "the burden of establishing by Convincing evidence that the findings of fact by the state court are erroneous." At the hearing before the trial judge, Justice Harold Birns, the prosecuting attorneys explained their decision not to disclose the application and Smith explained that he had seen nothing improper in submitting the application during the trial. United States v. Agurs, 427 U.S., at 103-104, 96 S.Ct., at 2397-2398. A. I was told here his last name was Twitty. As we said in Dennis v. United States, 339 U.S. 162, 70 S.Ct. Ernest L. MONTANYE, former Superintendent, Attica Correctional Facility, et al., Petitioners, v. Rodney R. HAYMES. I'm pretty sure he hit the man up on the side of the head. DiBenedetto responded, rather obliquely, that Alexander himself could decide whether he wished to provide any answers to any of the prosecutor's questions. The state prosecutor again read Alexander all of his Miranda rights. United States Court of Appeals, Third Circuit. This conclusion was based upon the majority's reading of our decision in United States v. Agurs, 427 U.S. 97, 96 S.Ct. Appellants in Chandler were convicted of various theft crimes at a jury trial which was partially televised under a new Canon of Judicial Ethics promulgated by the Florida Supreme Court. Id., at 171-172, 70 S.Ct., at 523. Q. Gene was right behind me. Attica Correctional Facility superintendent E L Montanye says some 50 inmates caused brief disturbance on Nov 8 when they joined hands and shouted slogans in … Ibid. If the suppression of the evidence results in constitutional error, it is because of the character of the evidence, not the character of the prosecutor." As the trial court found, "there is no evidence which to any degree points to a conclusion that any member of the District Attorney's staff, . Conway, 58, followed in his father’s footsteps and spent his entire career with the state Department of Correctional Services. 450, 98 L.Ed. He asked a friend, Criminal Court Officer Rudolph Fontaine, to determine the proper method of applying for employment. If disclosure had been made during trial, the parties might simply have agreed that Smith should be replaced with one of the alternates. Bobby was out of the door. How long did the incident at the Supermarket take from the time when you entered the store till you got out? The pressures must have been particularly great in this case. The Attica prison riot began on September 9, 1971, when about 1,000 of the approximately 2,200 inmates in the Attica Correctional Facility, in Attica NY rebelled and seized control of the prison. A. 1971), to the effect that "the State has the duty to investigate and prosecute all persons, including inmates, who may have engaged in criminal conduct before, during and after the uprising." First, Alexander contends that, inasmuch as the state trial court judge made no specific and explicit finding that the third confession was not fatally "tainted" by the first confession, "the merits of the factual dispute were not resolved in the State court hearing." 218-221. . 1976). Q. But, before I got out of the store, I had heard another shot. All respondent has asked for is the opportunity to be tried by such a jury. When the officer told me this morning he told me and my wife that they had me for robbery and homicide. About how far apart in time was the first shot from the second shot; was it five seconds, ten seconds, a half a minute, or a minute? Visitors Learn more about how to ensure an enjoyable and memorable visit. Q. It was a dark burgundy, or maroon black top. (Alexander) A. Here, the prosecutors' failure to disclose the juror's job application, although requiring a post-trial hearing on juror bias, did not deprive respondent of the fair trial guaranteed by the Due Process Clause of the Fourteenth Amendment. . Harold Walker v. Vincent R. Mancusi, Superintendent, Attica Correctional Facility, 467 F.2d 51 (2d Cir. Then I heard the second shot. Respondent's original motion to vacate his conviction was based on the fact that a juror in respondent's case, one John Dana Smith, submitted during the trial an application for employment as a major felony investigator in the District Attorney's Office.3 Smith had learned of the position from a friend who had contacts within the office and who had inquired on Smith's behalf without mentioning Smith's name or the fact that he was a juror in respondent's trial. Due process means a jury capable and willing to decide the case solely on the evidence before it, and a trial judge ever watchful to prevent prejudicial occurrences and to determine the effect of such occurrences when they happen. In cases like this one, an evidentiary hearing can never adequately protect the right to an impartial jury. This is an appeal from a judgment order of the United States District Court for the Western District of New York, Curtin, J., denying without an evidentiary hearing a petition seeking the issuance of a writ of habeas corpus. Dennis was convicted of criminal contempt for failure to appear before the Committee on UnAmerican Activities of the House of Representatives. Both Alexander and Smith testified that the police had done so. The court noted that "it is at best difficult and perhaps impossible to learn from a juror's own testimony after the verdict whether he was in fact 'impartial,' " but the court did not consider whether Smith was actually or impliedly biased. This cross-motion is granted. No such wrongs occurred here. There was three other fellows besides myself. A. I know him as Pete. "Bias or prejudice is such an elusive condition of the mind that it is most difficult, if not impossible, to always recognize its existence, and it might exist in the mind of one (on account of his relations with one of the parties) who was quite positive that he had no bias, and said that he was perfectly able to decide the question wholly uninfluenced by anything but the evidence." At about 6:30 a. m. on September 8, 1971, the police arrested one Robert Smith for the murder of Higgins and upon his arrest Smith immediately confessed and implicated Alexander, the petitioner-appellant here, in the robbery and murder. These are people who manage the correctional facility. [*] Certain individual employees of the New York State Department of Correctional Services ("DOCS") have cross-moved to intervene in this action for the limited purpose of opposing disclosure of the testimony which they gave before the Grand Jury. 6:16-CV-06015 (MAT) DECISION AND ORDER -vsSuperintendent of Attica Correctional Facility, Respondent. Volume I, Transcript of Pretrial Hearing, at pg. Remmer v. United States, 347 U.S. 227, 74 S.Ct. But the statement does not support their present demands. The two prosecuting attorneys conferred about the application but concluded that, in view of Smith's statements during voir dire,4 there was no need to inform the trial court or defense counsel of the application. However, that case certainly does not hold that automatic disqualification rules would never be appropriate. Justice Mollen found that Alexander had been adequately advised of his Miranda rights and had knowingly and intelligently waived them. Respondent was convicted in November 1974 by a New York state-court jury on two counts of murder and one count of attempted murder. The Attica Prison riot of 1971 took place at Attica Correctional Facility in New York. A. I don't know the name of the street, but we parked around the corner from the Supermarket. Similarly, the Court has stated that defendants must be protected from the impact on jurors of publicity during trial. 450, 98 L.Ed. A. I gave it back to Gene. The Court then remanded the case to the District Court with directions to hold a hearing to determine whether the incident was harmful, and if so, to grant a new trial. 427 U.S., at 110, 96 S.Ct., at 2400 (footnote and citation omitted).10. In this circumstance, the verdict may be set aside if the evidence creates a reasonable doubt that did not otherwise exist. Springle v. Follette, 435 F.2d 1380, 1384 (2d Cir. Yes we entered the Supermarket. As Superintendent, he is responsible for assuring that plaintiffs are able to exercise their religion within his facility. Dennis v. United States, ruled that Government employees need not be excused from serving as jurors in the prosecution of the General Secretary of the Communist Party, U.S.A. Frazier v. United States, refused to uphold a challenge to a jury that consisted entirely of Government employees. Of course, federal courts have limited power of review in habeas corpus proceedings. 682; Tumey v. Ohio, 273 U.S. 510, 47 S.Ct. This argument proves too much. United States of America Ex Rel. Following Judge Curtin's issuance of a certificate of probable cause, Alexander filed a notice of appeal from the district court's decision denying the petition for the issuance of a writ of habeas corpus. 802, 810, 66 L.Ed.2d 740 (1981); see also Nebraska Press Assn. This the assistant district attorney forthwith proceeded to do. They make decisions and are in touch with Central Office in Albany. 656, 658, 85 L.Ed. Attica Correctional Facility, a maximum-security prison in western New York, is up to 101 cases, passing Cayuga and tying Shawangunk for the fifth-highest total in the DOCCS system. The Court held that a prosecutor's suppression of requested evidence "violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." Adoption of a conclusive presumption of bias in these limited circumstances would not be without precedent; such presumptions of juror bias have ancient historical roots. 1417, 10 L.Ed.2d 663 (1963), it ruled that the trial court should have granted a request for a change in venue, when the entire community had seen the defendant confess to the crime in a police interrogation broadcast on television. 347, 283 N.Y.S. Even if the Court of Appeals believed, as the respondent contends, that prosecutorial misbehavior would "reign unchecked" unless a new trial was ordered, it had no authority to act as it did. ., or that a juror has engaged in misconduct of a substantial nature . ATTICA — Attica Correctional Facility Prison Superintendent Jim Conway has a simple way to describe himself. 215-221. Under those circumstances, where the juror has not been accused of misconduct or has no actual stake in the outcome of the trial, and thus has no significant incentive to shield his biases, a postconviction hearing could adequately determine whether or not the juror was biased. Q. A Dodge. 2d 782 (1977), unless one of the eight exceptions specified in 28 U.S.C. Pp. At a hearing on the motion before the same judge who had presided at the trial, the motion was denied, the judge finding "beyond a reasonable doubt" that the events giving rise to the motion did not influence the verdict. They did instruct attorneys in the office not to contact Smith until after the trial had ended, and took steps to insure that they would learn no information about Smith that had not been revealed during voir dire. What exactly, I don't know. The Court has insisted that defendants be given a fair and meaningful opportunity during voir dire to determine whether prospective jurors are biased—even if they have no specific prior knowledge of bias. WISE, Petitioner, -v- 08-CV-6312(MAT) ORDER SUPERINTENDENT OF ATTICA CORRECTIONAL FACILITY, Respondent. The Appellate Division of the New York Supreme Court affirmed the conviction, and the New York Court of Appeals denied leave to appeal. § … ANDREW M. CUOMO AARON M. BALDWIN, ESQ. Introduction Pro se petitioner William J. Who was this? 181 (1946). Ibid. And what happened when you guys got there? He was again assigned to Attica and worked in Albany training new recruits. Similarly, in Irvin v. Dowd, 366 U.S., at 728, 81 S.Ct., at 1645 the Court stated that although a juror may be sincere when he says that he was fair and impartial to the defendant, the "psychological impact requiring such a declaration before one's fellows is often its father." However, the state court judge's findings that there had been no duress and that "there was no merit to defense contentions made during the course of the hearing that the defendant, either because of his drug habit or For any other reason, was unable to understand the proceedings," (emphasis supplied) seem to foreclose any argument that, based on any testimony at the hearing, Alexander had been underfed and thereby enervated, so that the confession he ultimately made to Assistant District Attorney DiBenedetto was involuntary. Mrs. Alexander, had she testified at the hearing on Alexander's pretrial motion to suppress, would have corroborated the story related by Alexander and Smith. wyoming county–attica legal aid bureau, warsaw (leah r. nowotarski of counsel), for petitioner–appellant. Attica Correctional Facility is a maximum security level facility for males. Q. The evidentiary hearing conducted here was not fair and adequate. Gen., New York City, of counsel), for respondent-appellee. He worked his way up through the supervisor ranks, was in charge of discipline at Attica and commanded the Corrections Emergency Response Team (C.E.R.T.) Indeed, there may be a greater danger of bias where the juror is pursuing a job. Petitioner objected, but the objection was overruled. 654 (1954), it ruled that any communication with a juror during a trial about the matter pending before the jury "is, for obvious reasons, deemed presumptively prejudicial." Moreover, at the pretrial suppression hearing one of the detectives who was supervising Alexander testified that the prisoner had been given some chicken. Superintendent Mailing Address Attica Correctional Facility Exchange Street Attica, NY 14011-0149 Clinton Correctional Facility Route 374, Cook Street P.O. CPL § 330.40(g). 24 (a). The majority also relies upon this Court's decisions in Dennis v. United States, 339 U.S. 162, 70 S.Ct. I don't know if Gene's crazy or what. Q. Thus, he may decide to vote for a verdict of guilty regardless of the evidence, and he may attempt to persuade the other jurors that acquittal is not justified. At the pretrial hearing held to consider Alexander's motion to suppress the incriminating remarks and confessions he had made to the police and the prosecutor at the 73rd Precinct stationhouse, the state trial court judge made no explicit finding on this matter. 450, 98 L.Ed. Yes, he had a gun out. As already noted, the Court of Appeals did not rely upon the District Court's imputation of bias. About twenty-five to thirty feet, I guess. In his detailed findings of fact and conclusions of law the state trial judge explicitly found that under the totality of the circumstances Alexander's confession to Assistant District Attorney DiBenedetto was voluntary. What did you do with the gun at that time? Id., at 230, 74 S.Ct., at 451 (emphasis added). In this case, where there was evidence that juror Smith had a serious conflict of interest, and where that conflict would inevitably distort his perspective on the case, the majority nevertheless holds that the juror's simple assertion, after the verdict, that he was not biased sufficiently protects respondent's right to trial by an impartial jury. (possibility that jury selection procedures that exclude Negroes might result in bias against defendant is sufficient to justify invalidation of those procedures); see also n. 2 supra. Its repression left 39 people killed. While each case must turn on its own facts, there are some extreme situations that would justify a finding of implied bias. This Court reversed, holding that prospective jurors who have sat in the courtroom and heard a verdict returned against an individual immediately prior to that individual's trial on a similar charge should be automatically disqualified.19. Tumey v. Ohio, 273 U.S. 510, 532, 47 S.Ct. Springle v. Follette, supra, 435 F.2d at 1384. Defendant KELLY is Superintendent of the Attica Correctional Facility. His verdict must be based upon the evidence developed at the trial. Respondent subsequently filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of New York, claiming that he was denied his constitutional right to an impartial jury. When Detective Schneider notified a second officer, Detective Cambridge, as to what had occurred, the latter entered the locker room and again informed Alexander of his Miranda rights. As I have already suggested, I have serious doubts whether an evidentiary hearing of this nature could ever be reliable. The failure to disclose possible juror bias can be analogized to a prosecutor's knowing use of perjured testimony. After further probing the officer's knowledge concerning the circumstances surrounding the commission of the crime, Alexander further stated, in substance, according to Detective Cambridge, that "(t)wo of Gene's regular partners had to go south for a funeral, and Gene said to me and the little guy we didn't have to do anything, one of us would stand by the door and the other would take the registers. ) decision and ORDER denying petition for writ of habeas corpus proceedings poses no obstacle to this to. That by the door. `` al., Petitioners, v. 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