Matthews v. Rakiey

54 F.3d 908, 1995 U.S. App. LEXIS 10289, 1995 WL 258920
Court of Appeals for the First Circuit·Decided May 8, 1995·No. 94-2017·Published·Cited by 26 cases

Opinions

STAHL, Circuit Judge.

Petitioner Lloyd Matthews was convicted in August 1987 in a Massachusetts trial court of rape, assault in a dwelling with intent to commit a felony, and indecent assault and battery. After exhausting his remedies in the state courts, Matthews sought a writ of habeas corpus in the district court pursuant to 28 U.S.C. § 2254, claiming that he was denied his Sixth Amendment right to effective assistance of counsel. After referring the matter to a magistrate-judge for a report and recommendation, the district court granted the petition, and this appeal followed. For the reasons discussed below, we reverse.

I.

BACKGROUND

A. Pretrial Events

On May 15, 1986, Brenda Barbosa, who was fourteen years old at the time, reported to Boston police that she had been attacked in her bedroom by a man with a knife earlier that morning. Later that same day, after viewing several hundred photographs in police identification books, Barbosa identified Matthews, who wears his hair in a distinctive “dreadlocks” style and was so depicted in the photograph, as the man who had attacked her. The police obtained an arrest warrant but, although they knew Matthews’s address, made no immediate attempt to question him about the incident or take him into custody. Matthews was eventually arrested on May 28, 1986, when a patrolling officer who hád stopped to question Matthews on the street about unrelated conduct discovered the outstanding warrant.

The incident report filed by the Boston police officer who first responded to Barbo-sa’s call (the “incident report”) contains no mention of a sexual assault. The officer’s account of his interview with Barbosa, conducted within two hocus of the incident, is as follows:

[T]he victim ... stated while she was sleeping the suspect entered the victim’s bedroom and jumped on top of her. The victim stated the suspect had a kitchen knife and told her, “Be quiet, I don’t want nothing from you, you won’t get hurt.” The victim further stated the suspect then pulled the victim from her bed and ordered the victim to stand in a corner then the [910]*910suspect ordered the victim to stand against a wall. The victim then stated the suspect started looking through the rooms on all three floors. The victim further stated the suspect then told the victim to close the door behind him when he left and not to tell anyone about him. The victim stated she complied and the suspect fled on foot to a yellow m/v then fled in an unknown direction.

The incident report includes a description of the alleged assailant as a black male, 5'10", black hair and brown eyes, wearing a black hat, brown leather jacket and black pants. It does not indicate whether Barbosa mentioned to the officer that her attacker had dreadlocks.

Matthews was initially charged with armed assault in a dwelling with intent to commit a felony, and with breaking and entering. A probable cause hearing was conducted in Roxbury District Court on August 4, 1986. There is no transcript of the hearing in the record. Although the breaking and entering charge was dropped following the hearing, Matthews was bound over on the armed assault charge. Subsequently, grand jury proceedings were initiated on that charge as well as two new charges apparently based on Barbosa’s testimony at the probable cause hearing: rape of a child with force, and indecent assault and battery on a person under 14. At the grand jury proceeding, Boston Police Detective William Ingersoll— who oversaw the photo identification procedure in which Barbosa picked out Matthews — testified as follows:

A. ... At the probable cause hearing in the Roxbury Court I was not present ... and I received a message following that hearing from the District Attorney who stated to me that during the probable cause hearing the victim — who was afraid to tell her mother and the police — that at the time during this breaking and entering and assault, the defendant did assault this young girl, again, 14 years of age.
Q. In what manner?
A. I believe it was placing the fingers to her vagina, more or less just the fingers. She did not go to the hospital to be examined. Again, she is a young Spanish girl and was ashamed even to tell the mother.
There was no complaints at that time for rape in the Roxbury District Court against him. I was unaware of this fact.

Barbosa also testified before the grand jury. Certain aspects of her account of the May 15 events were not entirely consistent with the second-hand version contained in the incident report:

A. Well, I was sleeping and I heard the bedroom door, and when I looked up I seen this man and he jumped on top of me and put me against the wall....
Q. Did he take anything?
A. The only thing I found missing was my leather coat, and stuff was in the first floor.
Q. Do you know whether he took that coat?
A. I don’t really know, but he must have took it because I couldn’t find it; I looked for it; I asked my sister if she let someone use it; she said, no.
Q. Now, when this man jumped on you, did he touch you in any way?
A. Yes.
Q. And what part of your body did he touch?
A. He touched me, all parts.
Q. You[r] chest and your vaginal area?
A. Yes, sir.
Q. Did he put his fingers into your vagina at some time?
A. Yes.
Q. When the police came that day, did you tell the police that day?
A. I told them everything that happened, like in a way I was — when I went to the police station to look at the pictures I told them what happened.

B. The Trial

On August 17, 1987, Matthews was brought to trial on the rape, armed assault and indecent assault charges. The prosecution called two witnesses, Barbosa and Inger-[911]*911soil, with Matthews as the only defense witness. Because we must evaluate the alleged constitutional deficiencies of counsel’s performance in light of his “overall performance throughout the case,” Strickland v. Washington, 466 U.S. 668, 689, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674 (1984), we provide an extensive summary of the trial record.

1. Opening Statements

In his opening statement, the prosecutor told the jury that immediately after Barbo-sa’s attacker left her apartment, Barbosa ran next door “and told her sister-in-law what had happened.” Despite strong evidence that Barbosa never told anyone that she had been sexually assaulted or raped until she testified at Matthews’s probable cause hearing, 81 days after the incident, Matthews’s trial counsel, Kenneth D’Arcy, did not challenge the prosecutor’s assertions.

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Matthews v. Rakiey, 54 F.3d 908, 1995 U.S. App. LEXIS 10289, 1995 WL 258920 (1st Cir. 1995).

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