Medina v. Gonyea

111 F. Supp. 3d 225, 2015 U.S. Dist. LEXIS 64081, 2015 WL 2356703
CourtDistrict Court, E.D. New York
DecidedMay 14, 2015
DocketNo. 13-CV-7328 (WFK)
StatusPublished
Cited by5 cases

This text of 111 F. Supp. 3d 225 (Medina v. Gonyea) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Medina v. Gonyea, 111 F. Supp. 3d 225, 2015 U.S. Dist. LEXIS 64081, 2015 WL 2356703 (E.D.N.Y. 2015).

Opinion

[229]*229 DECISION AND ORDER

WILLIAM F. KUNTZ, II, District Judge:

Before the Court is a pro se petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254 by Johnny Medina (“Petitioner”). On September 24, 2009, following a jury trial, Petitioner was convicted of Rape in the Second Degree, Rape in the Third Degree, Attempted Rape in the Third Degree, and Endangering the Welfare of a Child. Petitioner was sentenced to three and one-half to seven years in prison, four years in prison and three years of supervised release, and one year in prison, all to run consecutively. Petitioner seeks federal habeas relief on the following grounds: (1) the jury did not have legally sufficient evidence to convict Petitioner, and their verdict was against the weight of the evidence; (2) the felony rape counts were duplicitous and thus violated Petitioner’s constitutional protection against double jeopardy and due process right to notice; (3) prosecutorial misconduct; (4) improper admission of lay and expert witness testimony violated Petitioner’s right to due process; and (5) ineffective assistance of trial counsel. For the following reasons, Petitioner’s habeas petition is DENIED.

BACKGROUND

I. The Crimes and the Arrest

On or about and between September 1, 2004 and October 31, 2004, when Jazmine Medina was fourteen years old, Petitioner — her paternal uncle and stepfather— inserted his penis into her vagina. Dkt. 7-1 (“Trial Transcript”) at 283-284, 288, 291. While Ms. Medina “hated” Petitioner’s sexual abuse of her, she did not tell her mother, Evelyn Herrera, about what happened because Petitioner threatened to have her “sent away” to boot camp or to Puerto Rico. Id. at 292-293, 302. According to Ms. Medina, she believed Petitioner’s threat to send her away because her mother always did what Petitioner wanted. Id. at 293, 302-303. Ms. Medina did not think her extended family would believe her allegations either, particularly because Ms. Medina had a cousin who was shunned after saying she was raped. Id. at 306-307, 366, 379-380. Ms. Medina testified at trial that Petitioner inserted his penis into her vagina on. at least sixteen different occasions between September 1, 2004 and March 31, 2008. Id. at 291-296/303-304, 307-309, 314-317.

On or about May 23, 2008, when Petitioner attempted to rape and sexually abuse Ms. Medina once more, she refused. Id. at 319. Ms. Medina’s younger sister, Janice Medina (“Janice”), then eleven years old, witnessed Petitioner’s attempt. Id. at 320, 388. Ms. Medina testified that on or about May 26, 2008, Petitioner kicked her out of the house. Id. at 328-330.

On July 14, 2008, Rebecca Brisch, an attorney at the Children’s Law Center, learned from Ms. Medina that Petitioner had been repeatedly sexually abusing her since Ms. Medina was “approximately the age of 13 or 14 years [old].” Id. at 460-464. Ms. Brisch reported the abuse to the State Central Agency, which contacted the Administration for Children’s Services (“ACS”) field house closest to Ms. Medina’s home. Id. at 465. The New York City Police Department (“NYPD”) was also contacted. Id.

On July 16, 2008, Detective Manuel Soto of the NYPD spoke with Ms. Medina and learned of the abuse, after which Detective Soto brought Petitioner to the precinct for questioning. Id. at 430, 432-433. After interviewing Janice and Ms. Herrera, Detective Soto arrested Petitioner. Id. at 434, 439.

[230]*230II. State Court Proceedings A. Trial and Sentencing

Petitioner was charged, by Kings County Indictment Number 7233/2008, with six counts of Rape in the Second Degree, twenty-three counts of Sexual Misconduct, seventeen counts of Rape in the Third Degree, five counts of Sexual Abuse in the Third Degree, and one count of Endangering the Welfare of a Child. Id. at 2, 12.

Trial commenced on September 17, 2009. Id. at 1. The District Attorney of Kings County (the “Prosecution”) alleged that between September 1, 2004 and May 31, 2008, Petitioner engaged in sexual intercourse on multiple occasions with Ms. Medina in their home in Brooklyn, New York. Id. at 13. During this interval, Ms. Medina was between fourteen and seventeen years old. Id. The six counts of Rape in the Second Degree, sixteen of the counts of Rape in the Third Degree, and one count of Endangering the Welfare of a Child were submitted to the jury; the Sexual Misconduct and Sexual Abuse charges were dropped during trial. Id. at 492-493; 500-503. Additionally, one count of Rape in the Third Degree was changed to Attempted Rape in the Third Degree. Id. at 505-506.

On September 24, 2009, the jury found Petitioner guilty of one count of Rape in the Second Degree, one count of Rape in the Third Degree, one count of Attempted Rape in the Third Degree, and one count of Endangering the Welfare of a Child, and acquitted Petitioner on all other counts. Id. at 660-663.

On October 19, 2009, Acting Justice John Ingram of the Kings County Supreme Court adjudicated Petitioner a second felony offender and sentenced Petitioner to three and one-half to seven years in prison for the Second Degree Rape conviction, four years in prison for . the Third Degree Rape conviction, one year in prison for the Attempted Rape in the Third Degree conviction, and one year in prison for the Endangering the Welfare of a Child conviction, all running consecutively. Dkt. 7 (Affidavit in Opposition to Petition for Writ of Habeas Corpus) (“Opposition”) at 4. Justice Ingram also sentenced Petitioner to eight years of supervised release for the Third Degree Rape conviction. Id.

B. Direct Appeal and § 440.10 Motion

Petitioner appealed his convictions on the following • grounds: (1) Petitioner was not proven guilty beyond a reasonable doubt by the prosecution, and the guilty verdict was against the weight of the evidence; (2) the felony rape counts were duplicitous and violated Petitioner’s right to notice and protection against double jeopardy; (3) the prosecutor violated her duty to correct false testimony, cross-examined Petitioner on his family’s criminal convictions, and violated the trial court’s Sandoval ruling; (4) Petitioner was deprived of his right to a fair trial because of improper testimony and admission of Ms. Medina’s prior consistent statements; (5) Petitioner was deprived of his. right to a fair trial because of improper expert testimony regarding rape trauma syndrome; (6) Petitioner received ineffective assistance of counsel because trial counsel failed to make appropriate motions; (7) Petitioner received ineffective assistance of counsel because trial counsel elicited false testimony; and (8) Petitioner received ineffective assistance of counsel because counsel failed to object to prosecutorial misconduct and prejudicial testimony. Dkt. 7-2 (“State Record”), Exhibit B, at 31-77.

On December 20, 2011, the Second Department vacated Petitioner’s conviction for Rape in the Third Degree under N.Y. Penal Law § 130.25(3), but upheld all of [231]*231Petitioner’s other convictions. People v. Medina, 90 A.D.3d 950, 935 N.Y.S.2d 137 (2011).

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Bluebook (online)
111 F. Supp. 3d 225, 2015 U.S. Dist. LEXIS 64081, 2015 WL 2356703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medina-v-gonyea-nyed-2015.