Conley v. United States

415 F.3d 183, 2005 U.S. App. LEXIS 14645, 2005 WL 1684399
CourtCourt of Appeals for the First Circuit
DecidedJuly 20, 2005
Docket04-2424
StatusPublished
Cited by60 cases

This text of 415 F.3d 183 (Conley v. United States) 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
Conley v. United States, 415 F.3d 183, 2005 U.S. App. LEXIS 14645, 2005 WL 1684399 (1st Cir. 2005).

Opinions

BALDOCK, Senior Circuit Judge.

The question in this appeal is whether the Government’s suppression of impeachment evidence violated Petitioner Kenneth Conley’s right to due process under the Fifth Amendment.1 See Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The district court answered yes and granted Petitioner’s motion to set aside his conviction. See 28 U.S.C. § 2255. We have jurisdiction, id. § 2253(a), and affirm.

I.

The historical facts of this case are well known and need not be repeated in full. See United States v. Conley, 186 F.3d 7, 11-15 (1st Cir.1999) (Conley I); United States v. Conley, 103 F.Supp.2d 45, 49-51 (D.Mass.2000) (Conley II); United States v. Conley, 249 F.3d 38, 40-43 (1st Cir.2001) (Conley III); Conley v. United States, 164 F.Supp.2d 216, 217-21 (D.Mass.2001) (Conley IV); Conley v. United States, 323 F.3d 7, 9-11 (1st Cir.2003) (en banc) (Conley V); Conley v. United States, 332 F.Supp.2d 302, 306-309 (D.Mass.2004) (Conley VI); see also Dwan v. City of Boston, 329 F.3d 275, 276-77 (1st Cir.2003). In 1995, police officers chased four homicide suspects through Boston. The vehicle chase ended when the suspects turned into a cul-de-sac (Woodruff Way). The four suspects fled on foot. One of the first officers on the scene, Michael Cox, gave chase. Cox pursued one suspect, Robert Brown, towards a fence. Meanwhile, other officers arrived at the “confused and changing scene[.]” Conley V, 323 F.3d at 16. Officer Richard Walker arrived fourth; Petitioner fifth. Both Walker and Petitioner joined the foot chase. Other officers in the chase mistakenly took Cox, an undercover officer dressed in plainclothes, as a fleeing suspect. They caught Cox at the fence and proceeded to brutally beat him. The assaulting officers discovered their mistake and dispersed, leaving Cox badly injured. Petitioner ultimately apprehended Brown.

The Boston Police Department Internal Affairs Division (IAD) thereafter commenced an investigation into Cox’s beating. An IAD officer interviewed Walker during the investigation. Walker informed IAD he observed Cox chase Brown towards the fence on Woodruff Way. Walker further stated that he observed a police officer behind Cox, but he could not identify the officer. Walker,, however, subsequently retracted his statement about observing an officer behind Cox.

In 1997, a federal grand jury convened to determine if the officers involved in Cox’s beating used excessive force in violation of federal law. See 18 U.S.C. § 242. An FBI agent interviewed Walker. According to an FBI memorandum memorializing the details of the interview, Walker agreed to take a polygraph examination concerning his retraction of the statement about observing another officer behind Cox. The FBI memorandum, in relevant part, states:

[186]*186[Walker] felt [compelled to say he saw something during the IAD interview] because he knows [Cox] and likes [Cox and] he felt bad that he could not say what happened and therefore convinced himself that he actually saw someone or something. But since that interview he has convinced himself that he did not actually see anyone behind [Cox] or anyone hit [Cox]. WALKER also suggested that perhaps if he was hypnotised [sic] he might truly recall what was going on versus what he indicates was tunnel vision.

(emphasis added). Walker subsequently refused to take a polygraph examination.

The grand jury subpoenaed Petitioner and Walker to testify during the course of its investigation. Petitioner testified that: he did not observe anyone beating Cox; he pursued Brown to the fence; he did not see anyone between himself and Brown; he pursued Brown over the fence and apprehended Brown. Walker testified that: he did not see anyone beating Cox; he observed Cox chase Brown towards the fence; he observed Brown “flip over” the fence; he observed Cox grab at Brown as he flipped over the fence; and he observed Cox come back down without clearing the fence while Brown landed on the other side of the fence. The prosecutor also questioned Walker about his prior statement to IAD:

Q: [D]id you see someone behind Officer Cox as he was going through the fence?
A: No, I didn’t.
Q: So, why did you say that you did to Internal Affairs?
A: At the time of the interview with Internal Affairs ... I started feeling guilty, like I should have seen more than what really happened.... I sat there, and I’m conjuring up pictures of what he was asking me and what I should have seen. Like I said, I felt guilty not seeing more than what I saw and I should have, but my attention was focused on my chasing this guy towards the fence. Okay? He [the IAD officer] asked me the question, ‘Did I see anyone,’ or whatever the question was, and I was sitting there saying that from where I was, maybe I should have seen someone, and I told him, ‘Yes, I did.’ That’s the reason for my answer.
Q: And why were you feeling guilty?
A: Like I said, I should have seen, things are happening directly in front of you, and you’re sitting there saying, there are four people in this room, but I only saw two. It shouldn’t be that way. I should have seen all four people. It was right in front of me.

Walker further testified he was “sure” about his grand jury testimony. The grand jury did not indict any officers for violating § 242.

A separate grand jury, however, indicted Petitioner for obstruction of justice and perjury. See 18 U.S.C. §§ 1503, 1623. The grand jury charged Petitioner with perjury for his testimony that: (1) he did not observe another individual chase Brown to the fence (count I); and (2) he did not observe anyone beating Cox (count II). The obstruction of justice charge (count III) was derivative of the other two charges. Petitioner pleaded not guilty. The Government produced Walker’s grand jury transcripts during discovery, but not the FBI memorandum. See Fed. R.Crim.P. 16(a)(1)(E).

Trial commenced in 1998. The Government presented the testimony of Cox, Walker, and Brown (the fleeing suspect) to prove Petitioner perjured himself before the grand jury. Cox testified he pursued Brown to the fence and unsuccessfully grabbed at Brown as he scaled the fence. [187]*187Cox testified that no other officer was ever between himself and Brown. Walker testified he observed Cox chase Brown to the fence. Walker observed Brown scale the fence and Cox grab at him,, but did not observe anything thereafter. -Brown testified he observed an African-American male in black clothing (a description that fit Officer Cox) chasing him as he ran towards the fence and, as he scaled the fence, felt someone touch his foot.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Diaz-Castro v. Matta
D. Puerto Rico, 2025
United States v. Martinez-Hernandez
118 F.4th 72 (First Circuit, 2024)
Johnson v. Coyne-Fague
D. Rhode Island, 2023
State v. Jeffrey L. Hineman
2023 WI 1 (Wisconsin Supreme Court, 2023)
Dinkins v. Boncher
D. Massachusetts, 2022
Penate v. Kaczmarek
D. Massachusetts, 2022
Watkins v. Medeiros
36 F.4th 373 (First Circuit, 2022)
Simuel v. FCI Berlin, Warden
D. New Hampshire, 2022
State of New Hampshire v. James Michael Dow
Supreme Court of New Hampshire, 2022
United States v. Maldonado-Pena
4 F.4th 1 (First Circuit, 2021)
Watkins v. Medeiros
D. Massachusetts, 2020
United States v. Martinez-Mercado
919 F.3d 91 (First Circuit, 2019)
Santana v. Ryan
D. Massachusetts, 2018
United States v. Spencer
873 F.3d 1 (First Circuit, 2017)
United States v. Bulger
816 F.3d 137 (First Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
415 F.3d 183, 2005 U.S. App. LEXIS 14645, 2005 WL 1684399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conley-v-united-states-ca1-2005.