Alfred Dufresne v. John Moran

729 F.2d 18
CourtCourt of Appeals for the First Circuit
DecidedApril 11, 1984
Docket83-1540
StatusPublished
Cited by10 cases

This text of 729 F.2d 18 (Alfred Dufresne v. John Moran) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alfred Dufresne v. John Moran, 729 F.2d 18 (1st Cir. 1984).

Opinion

SWYGERT, Senior Circuit Judge.

This is an appeal from the grant of a petition for habeas corpus. We reverse.

I

Petitioner-appellee Alfred Dufresne was indicted on November 19, 1976 for murder in the first degree of his ex-wife, Sheila Dufresne. (Sheila was granted an interlocutory decree divorcing her from petitioner approximately one month before the incident.) The case proceeded to trial on April 6, 1977, and the State’s evidence unfolded as follows.

At approximately 8:40 a.m. on November 6, 1976, Dufresne appeared at the Providence Police Station and approached the desk sergeant on duty, John Brady. Claiming that he had “a problem,” Dufresne removed a .22 calibre gun from his waistband. Dufresne stated, “I shot my wife.” Brady took the gun and instructed Patrolman Perry Wheeler to arrest Dufresne. Brady then instructed a third officer to dispatch a rescue unit to the home of Sheila Dufresne. Dufresne responded to this instruction, “It’s too late, I shot her three times.” Brady testified that Dufresne was neatly dressed, did not appear to have been drinking, and that there was no odor of alcoholic beverages on his breath. Wheeler testified that Dufresne appeared calm and walked steadily without assistance.

Police officers were dispatched to the apartment of Sheila Dufresne. Sheila was found dead, lying face down on the kitchen floor. Police observed that the apartment door was damaged and concluded that it had been forced open. A screwdriver, some wood chips, a bottle of peach brandy, and some shell casings were seized from the apartment.

The state medical examiner testified that Sheila sustained three bullet wounds and that the fatal wound was from a bullet that entered the back of her head and passed through her brain. The examiner concluded that death was a homicide caused by a gunshot wound from a pistol fired at close range. The examiner stated that no alcohol or drugs were found in Sheila’s body. A ballistics expert identified the shell casings and the bullets as those fired from the .22 calibre pistol that Dufresne turned over to Officer Brady at the police station.

Sheila’s next door neighbors, Wilma Brophy and her daughter, Barbara Brophy, also testified. Mrs. Brophy stated that Sheila and Alfred had been separated since November 1975. She indicated that the couple had a stormy relationship with frequent episodes of violence and physical assaults perpetrated by both parties. Wilma and Barbara Brophy were in a car outside Sheila’s apartment at approximately 8:30 a.m. on the day of Sheila’s death. Mrs. Brophy heard loud noises from the direction of the apartment and sent Barbara upstairs to get Sheila. Barbara testified that she looked in the door of Sheila’s apartment and saw Alfred Dufresne standing in the kitchen with a gun in his hand. At that point, Mrs. Brophy called to Barbara and Barbara returned to the car.

Shortly thereafter, Alfred apparently left the apartment and went to the Standard Tap, a local bar. Thomas Hathaway, the bartender, testified that Dufresne entered the bar that morning between 8:30 and 9:00 a.m. He served Dufresne two double shots of whiskey and two sixteen-ounce beers in a short period of time. While at the bar, Dufresne told Hathaway that he had shot and killed his wife and asked Hathaway to accompany him to the police station. Hathaway refused, and Dufresne left. Hathaway stated that he knew Dufresne to be a heavy drinker, that Dufresne was generally unaggressive and quiet even while drinking, and that Dufresne appeared to have “had a drink” that morning.

*20 Finally, the State presented the testimony of Sergeant Lloyd Allen and Detective Edward Trafford concerning two oral confessions made by Dufresne following his arrest. Defense counsel contested their admissibility under Miranda during the trial, but the motions to suppress the confessions were denied by the court. According to the testimony, Dufresne was brought upstairs to the detective division following his arrest where he was first informed of his Miranda rights. Dufresne refused to sign a waiver form but agreed to answer questions. A prepared witness statement form recorded the following questions and answers:

First: “Alfred, we are investigating a report by you that you had shot your wife. Is it true that you made this statement to officers when you arrived at the station?”
Answer: “Yes, this is the truth, but I wouldn’t sign it.”
Second: “Why did you shoot your wife?”
Answer: “Twelve months of aggravation. I lost forty-five pounds.”
Third: “Is it also true that you brought a gun with you to the station and gave this to one of the officers at the counter?”
Answer: “Right.”
Fourth: “Can you describe the gun, please?”
Answer: “It wasn’t mine. It didn’t belong to me.”
Fifth: “Is that the gun that you shot Sheila with?”
Answer: “I don’t know.”

Dufresne then indicated that he did not want to talk further until he obtained a briefcase from his apartment that would explain “why this all happened.” The briefcase was finally located, but the contents revealed nothing relevant to Sheila’s death.

Dufresne was left alone in the police station for approximately twenty minutes. He was then readvised of his Miranda rights and asked to give a written statement. Dufresne again refused to give a written statement but agreed to answer questions verbally. Dufresne told the detectives that he broke into Sheila’s apartment two days prior to the killing. He placed the gun under her pillow and awaited her return. When Sheila returned, the two had an argument and Sheila reached for the phone to call the police. Dufresne then grabbed the gun from under the pillow and attempted to fire but the safety was on; he removed the safety and fired at Sheila. When she fell to the floor, he shot her again in the back of the head.

After this evidence was presented by the State, the parties agreed to a plea bargain. On April 12, 1977, Dufresne pleaded guilty to second degree murder. The plea was accepted by the court and Dufresne was sentenced to forty years at the Adult Correctional Institution, with twenty-five years to serve, and fifteen years probation thereafter. A motion to reduce the sentence was filed by Dufresne’s trial counsel which was denied.

In September 1979, Dufresne filed an application for post-conviction relief in the Rhode Island trial court, claiming that his guilty plea was the result of ineffective assistance of counsel. The court held a hearing on the matter. At the hearing, a doctor from St. Joseph’s Hospital testified that he treated Dufresne for acute pancreatitis at approximately 2:00 a.m. on November 7, 1976. This was approximately seventeen hours after Sheila was shot and approximately fourteen hours after the conclusion of discussions between Dufresne and police detectives. The doctor stated that Dufresne was clearly inebriated when admitted to the hospital and concluded that the pancreatitis was caused by excessive amounts of alcohol consumed six to eight hours before his admission to the hospital.

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Bluebook (online)
729 F.2d 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alfred-dufresne-v-john-moran-ca1-1984.