Michael Locascio v. Secretary, Florida Department of Corrections

685 F. App'x 837
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 18, 2017
Docket15-14378 Non-Argument Calendar
StatusUnpublished
Cited by1 cases

This text of 685 F. App'x 837 (Michael Locascio v. Secretary, Florida Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Locascio v. Secretary, Florida Department of Corrections, 685 F. App'x 837 (11th Cir. 2017).

Opinion

PER CURIAM:

Michael Locascio, a pro se Florida prisoner, appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition, challenging his convictions for first-degree murder, burglary with assault, armed robbery with a deadly weapon, and conspiring to commit first-degree murder. A certificate of ap-pealability (“COA”) was granted on these two issues: (1) whether the prosecutor knowingly failed to correct Jeffery Johnson’s false testimony that he had followed laboratory protocol—that requires another DNA analyst to co-read DNA test results—before he disseminated DNA test results, in violation of Locascio’s due process rights and Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972); and (2) whether Locascio received ineffective assistance of counsel when trial counsel failed to impeach Johnson as to this testimony. After careful review, we affirm the district court’s denial of relief on these two claims.

I. BACKGROUND

A. Divorce Proceedings

Petitioner Michael Locascio killed his sister-in-law, Sylvia Locascio, known as Maggie, who was in the midst of a bitter divorce with his brother, Edward Locascio, Sr. Maggi and Edward Locascio lived in Miami, Florida, and Petitioner Locascio lived in Charlotte, North Carolina. At trial, the State proved that petitioner Locascio conspired with his brother Edward to kill Maggie the night before her deposition in the Florida divorce proceedings and to make it look like a home-invasion robbery.

In June 2001, Maggie Locascio filed for divorce and obtained a domestic violence restraining order against her husband. The restraining order required Ed Locascio to move out of the marital residence and have *839 no contact with Maggie Locascio. Maggie remained in the marital home with the couple’s 19-year-old son, Eddie Locascio. According to Eddie Locascio, around the time his parents separated, his father told his mother, “I will kill you. I will end you. And I will destroy you.” After this threat, Maggie Locascio changed the code for the home alarm and both she and Eddie made it a habit to immediately re-alarm the house after they had entered it.

By August 2001, Maggie Locascio’s divorce lawyer had uncovered marital assets in excess of $3 million that Ed Locascio had hidden in shell corporations and obtained a restraining order preventing Ed Locascio from touching these assets. By October, the lawyer had also learned that Ed Locascio had a mistress and was exploring how much money he had spent on this relationship. In mid-October 2001, Ed Locascio was held in contempt for failing to comply with the divorce court’s orders, including subpoenas to produce financial documents.

Meanwhile, petitioner Michael Locascio was living in North Carolina with his wife and young son, but had not worked in over two years due to an injury. In the summer of 2001, as a result of their financial troubles, petitioner Locascio’s wife told him she wanted a divorce.

B. Murder and Criminal Investigation

On October 30, 2001, police officers responding to a residential alarm call found Maggie Locascio’s body inside her Miami home, where she was bludgeoned, beaten, stabbed and strangled. Lying next to the victim’s body was her purse and a heavy, metal baton, also called “an asp.” Large amounts of blood were on the floor and the wall of the room.

Because DNA evidence ultimately tied petitioner Michael Locascio to the murder, here is why there was so much blood evidence. According to the medical examiner, Maggie Locascio’s injuries included stab wounds to her face, neck, and front torso, lacerations to her head caused by a blunt object, a broken rib, and a collapsed lung. The victim had defensive wounds on her forearms and hands and cuts on her fingers consistent with the victim having grabbed the serrated edge of the knife. The victim’s face was bruised and cut as if she had been punched, and the side of her face had a bruise pattern consistent with the sole of a shoe. There was also a footprint mark on the victim’s chest. The victim had wounds to the back of her head where it hit the floor, which caused her brain to hemorrhage and swell. The victim also had ligature marks on her neck and other signs of strangulation.

The pattern of blood on the floor and walls and the presence of blood on the bottoms of the victim’s feet indicated that she had moved around while she bled and also that she stood in her own blood. The medical examiner opined that Maggie Lo-cascio’s injuries did not cause immediate unconsciousness or death and that she engaged in a prolonged struggle with her attacker that lasted several minutes. Maggie Locascio ultimately died of a combination of loss of blood, swelling of the brain, and lack of oxygen.

Around the time of the murder, two eyewitnesses, one a police officer and the other a neighbor, noticed a suspicious, white pick-up truck with a camper top near the victim’s home. Two days after the murder, another neighbor found a gray/ beige long-sleeved shirt (“the beige shirt”) draped over a gym bag in some bushes in her yard in Miami. Inside the gym bag was a blood-stained knife, surgical rubber gloves, a cloth baton holder, two sports drink bottles, credit cards and identification belonging to Maggie Locascio, and a blue plaid short-sleeved shirt (“the blue *840 shirt”). Subsequent DNA testing revealed that DNA matching petitioner Locascio was found on the beige shirt, the rubber gloves, and' the baton lying next to Maggie Locascio’s body.

Initially, Edward Locascio, Sr., the victim’s estranged husband, was the state investigators’ main suspect, but surveillance camera footage and cell phone records established that he could not have committed the crimes himself. A few days after the murder, an employee of Edward Locascio, Sr. advised investigators that Edward’s brother, petitioner Locascio, owned a white pick-up truck with a camper top. Although the Locascio brothers generally spoke only two or three times each year, phone records showed 24 calls between the brothers in the month before the murder.

At petitioner Locascio’s home in North Carolina, investigators impounded his truck on November 4, 2011, and interviewed him and obtained a DNA sample on November 6, 2001. Petitioner Locascio admitted being in Miami to visit his brother during the time of the murder, but claimed that he was unable to see his brother and returned to North Carolina. Video surveillance showed petitioner Locascio ringing the doorbell at his brother’s apartment a couple of hours after the murder, and a dark spot was visible on his lower back and buttocks.

At the time of his arrest, investigators found what appeared to be contact dermatitis on petitioner Locascio’s buttocks and upper leg, which was consistent with him sitting on a wet surface for an extended period of time. The search of petitioner Locascio’s truck revealed that the seat covers had been removed, exposing the foam, and the seats were damp. Carpeting from the bottom panel also had been removed, and the floorboards seemed wet. Condensation and water were found inside the truck.

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Related

Michael D. LoCascio v. the State of Florida
District Court of Appeal of Florida, 2024

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