Mastracchio v. Vose

274 F.3d 590, 2001 U.S. App. LEXIS 27291, 2001 WL 1631476
CourtCourt of Appeals for the First Circuit
DecidedDecember 27, 2001
Docket00-2558
StatusPublished
Cited by84 cases

This text of 274 F.3d 590 (Mastracchio v. Vose) 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
Mastracchio v. Vose, 274 F.3d 590, 2001 U.S. App. LEXIS 27291, 2001 WL 1631476 (1st Cir. 2001).

Opinions

SELYA, Circuit Judge.

Asserting that the prosecution failed to divulge the full extent of special favors showered upon its star witness, petitioner-appellant Gerald S. Mastracchio, a state prisoner, unsuccessfully sought a writ of habeas corpus in the United States District Court for the District of Rhode Island. The petitioner now appeals that court’s order of dismissal. Although the state court did err in three respects and the petitioner’s arguments are ably presented, we nonetheless find that these errors are not of a magnitude that would warrant federal habeas relief. We therefore affirm the order of dismissal.

I. BACKGROUND

Our factual account derives primarily from the copious records of prior court proceedings. Readers who hunger for additional facts should consult the trio of earlier opinions authored by the Rhode Island Supreme Court. See State v. Mastracchio, 546 A.2d 165 (R.I.1988) (rejecting most grounds of petitioner’s direct appeal but remanding for determination anent Family Court’s waiver of jurisdiction), aff'd after remand, 605 A.2d 489 (R.I.1992); Mastracchio v. Moran, 698 A.2d 706 (R.I.1997) (rejecting petitioner’s application for post-conviction relief).

On December 15, 1979, the lifeless body of thirteen-year-old Richard Valente washed ashore on a beach bordering Narragansett Bay. An autopsy revealed that Valente had been badly beaten, but that drowning caused his death. The autopsy further revealed that a plastic plate had been inserted into his head some time prior to his demise.

A few weeks earlier the police had caught Valente engaging in petty larceny, and he had laid blame on the petitioner (then age seventeen). Armed with this knowledge and with a witness who had seen the petitioner in Valente’s company several days before the body surfaced, the police launched an investigation. When the investigating officers were unable to tie the petitioner to the slaying, the investigation stalled.

While these events were transpiring, Peter Gilbert, a career criminal, was incarcerated in Florida. He escaped in 1983 and eventually telephoned the petitioner’s father, Gelardo Mastracchio (Ge-lardo). Gelardo, a notorious organized crime figure, invited Gilbert to return home and partake of various illicit enterprises. Gilbert accepted this invitation and surreptitiously repaired to Rhode Island. He remained in Gelardo’s employ until the authorities arrested him in February of 1985. Sensing that Gelardo had a hand in his capture, Gilbert agreed to assist the authorities.

Gilbert’s cooperation proved fruitful, shedding light on numerous unsolved [594]*594crimes. Of particular interest here, he told the state police that the petitioner had bragged about killing a friend by beating him, transporting him to the Jamestown Bridge, and throwing him over while still alive. Although Gilbert did not know the victim’s identity, he quoted the petitioner as saying (i) that he had committed the murder to prevent his victim from talking to the authorities, and (ii) that his victim had never been the same since he had a plastic plate inserted into his skull following an automobile accident. This testimony filled the gaps in the dormant investigation, and a state grand jury soon indicted the petitioner for Valente’s murder.

Gilbert remained in the protective custody of the Providence police department from and after the time that he began to warble. During his debriefing, he implicated James Broccoli and Lawrence Mas-trofine in the robbery of a liquor store. Shortly before their trial, he testified in a voir dire hearing regarding the promises, rewards, and inducements given to him in exchange for his cooperation. The testimony revealed a variety of benefits received by Gilbert including payment of personal expenses averaging $1,500-$1,800 per month, a thirty-day stay with his family during the holidays, conjugal visits at a local motel, twenty-five to fifty excursions to restaurants, easy access to alcohol throughout the course of his custody, and unlimited telephone privileges.

Gilbert was vigorously cross-questioned by defense counsel about these matters and about the conditions of his confinement. He was less than forthcoming. A representative sampling of the cross-examination follows:

Q. You pay for that food?
A. Yes. Someone goes shopping and gets groceries.
Q. You give them the money?
A. I don’t give them the money, the Attorney General’s Office gives them the money.
Q. You sure that comes out of the fifteen or eighteen hundred?
A. I don’t see the money. When I need groceries the money is made available to buy groceries.
Q. Have you been provided with any types of rules and regulations, either verbally or in writing, concerning your conditions of confinement while in the custody of the Providence Police, things you can do and things you cannot do?
A. What I can do is pretty much limited. I’m locked up. I got cell bars in the window. I — two doors — three doors that are locked. I’m confined to a three-room area. That’s my exercise. I don’t have no exercise yards.
Q. All you do is just live from day to day and week to week and month to month and you get your food and clothing, you get your haircuts and glasses, and then someone tells you that is costing them between fifteen hundred and eighteen hundred dollars a month; is that fair to say?
A. Sure.
Q. Besides the thirty dollars a week that you’re given by welfare do you receive any other cash from either the Providence Police or the Attorney General’s Department for spending money?
A. No.
Q. Is that what you told the Attorney General, you don’t have an [sic] drug problem?
A. No. I used cocaine when I was on the street, but I have no drug problem. [595]*595I took care of it myself within my own mind and body. I’m no longer dependent or need any of that stuff. I haven’t had it for twenty-three months.
Q. Did you take any trips or have you taken any trips while you have been in the custody of the Providence Police?
A. Yeah.... I went to Florida. I went to Florida to go to court.
Q. In addition, to Florida and Maine has there been any other?
A. No. All I can remember is going to Florida twice and Maine once.

The voir dire hearing took place on January 9, 1997. The petitioner’s trial began approximately two months later. Gilbert’s testimony was essential to the prosecution’s case; he, and he alone, placed the petitioner at the murder scene. The petitioner’s trial counsel, Dale Anderson, was fully apprised of what had transpired at the Broceoli/Mastrofine voir dire hearing, and the prosecutor anticipated a full-blown attack on Gilbert’s credibility. He attempted to blunt the force of this attack by delineating, in his case in chief, the range of benefits that Gilbert had received.

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Bluebook (online)
274 F.3d 590, 2001 U.S. App. LEXIS 27291, 2001 WL 1631476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mastracchio-v-vose-ca1-2001.