Naree Abdullah v. Warden SCI Dallas

498 F. App'x 122
CourtCourt of Appeals for the Third Circuit
DecidedAugust 14, 2012
Docket10-1518
StatusUnpublished
Cited by1 cases

This text of 498 F. App'x 122 (Naree Abdullah v. Warden SCI Dallas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Naree Abdullah v. Warden SCI Dallas, 498 F. App'x 122 (3d Cir. 2012).

Opinions

Dissenting opinion filed by Circuit Judge SMITH.

OPINION OF THE COURT

JORDAN, Circuit Judge.

Naree Abdullah, who was convicted of second-degree murder, criminal conspiracy, and three counts of robbery in the Philadelphia Court of Common Pleas, seeks habeas relief on the grounds that: (1) admission of the redacted statements of two of his co-defendants, who did not testify at trial, violated his right under the Sixth Amendment of the United States Constitution to confront the witnesses against him; (2) prosecutorial misconduct [124]*124during closing argument, considered in conjunction with the admission of the redacted confessions of his co-defendants, also violated his right to confrontation; and (3) prosecutorial misconduct during closing argument, standing alone, violated his right to due process. For the following reasons, we will affirm the District Court’s denial of Abdullah’s habeas petition.

I. Background

A. The Robbery And Murder At Lilly’s Market

On December 11, 1993, Abdullah, along with Jermaine Trice, Gregory Womack, Julius Jenkins, and Atil Finney drove from the Germantown area of Philadelphia to north Philadelphia in a station wagon. During the trip, they picked up Demond Jackson, who had asked Trice for a ride. When they arrived, they stopped at 33rd and Cumberland Streets, around the corner from a convenience store called Lilly’s Market. Abdullah, Trice, Jenkins, and Finney then left the station' wagon and entered Lilly’s Market, intending to rob it.

At some point during the robbery, Jenkins shot the store owner, a gentleman named Francisco Azcona, causing him to bleed to death. After the shooting, Abdul-lah, Trice, Jenkins, and Finney fled the market and returned to the station wagon, carrying the store’s cash register. The four men, along with Womack and Jackson, then drove to Abdullah’s home, where they divided the proceeds of the robbery.1 Several days later, Police Officer Mitchell McKeever observed Jenkins approach a check cashing agency, carrying a gun, and accompanied by Womack, Trice, and Ab-dullah.2 McKeever later arrested Jenkins, who was still in possession of the same .45 caliber pistol used to murder Azcona.

The police also took Womack and Fin-ney into custody and, under interrogation, both men confessed their involvement in the Lilly’s Market robbery and murder and their sharing of the proceeds from the robbery. Among other things, Womack said that he drove the conspirators to Lilly’s Market, and Finney said that he entered the store with Jenkins and Abdullah.

Abdullah was arrested and charged with criminal conspiracy, murder, and robbery. The Commonwealth of Pennsylvania successfully moved, pursuant to Pennsylvania Rule of Criminal Procedure 1127, to try Finney, Abdullah, Trice, Jenkins, and Womack together. Abdullah moved to sever his trial from Jenkins’s trial but that motion was denied. The joint trial of the five defendants commenced on February 25,1996.

At trial, the prosecution introduced testimony from three eye-witnesses to the crime. First, Jackson testified that, on December 11, 1993, he was present in the station wagon with all of the Defendants when they drove from Germantown to Philadelphia; that he observed Abdullah enter Lilly’s Market with Finney, Trice, and Jenkins; and that, after the four men returned to the station wagon with the cash register, they all went to Abdullah’s residence, where the proceeds of the rob[125]*125bery were divided. Azcona’s wife testified that three or four men entered her husband’s store on the night of December 11, 1993 and that one of the men shot her husband. Finally, a man named Roach testified that he saw four men in the vicinity of Lilly’s Market when the robbery occurred, that one man was carrying a cash register, and that another man was carrying a revolver.

Detective Michael Gross of the Philadelphia Police Department testified that he took a statement from Finney on March 3, 1995. Finney did not testify but Detective Gross read into evidence the following passage from a version of Finney’s statement modified by redacting personal names and replacing them with references to “guys” and “someone”:

[Question]: Would you go on in your own words and tell us what happened the night Francisco Azcona was killed?
[Answer]: We were riding around in this, this guy’s car, me and three other guys were in ... north Philadelphia.... when one said let’s get paid. Everyone said okay and we saw this store. So me and two guys went in the store. When we got inside two guys stayed up front and I stayed to the back. One guy had his gun on the guy and was at the cash register.... [g]etting the money. But it wouldn’t [open]. I heard a shot and looked over. Blood was coming out of the guy’s mouth. After that someone grabbed the register and we all ran out.
[Question]: Where did you go?
[Answer]: We ran to the car and went back up [to] Germantown. We went to someone’s house. It’s an apartment. And two guys got screwdrivers and opened up the register.
[Answer]: We split [the stolen money] up even.

(Supp.App. at 307 (emphasis added).) After Detective Gross read from Finney’s statement, the Court gave the jury a limiting instruction telling them to consider the statement only against the individual who made it.3

Detective Joseph Walsh, another Philadelphia police officer, testified that he took a statement from Womack on March 7, 1995. Womack also did. not testify at the trial, but Detective Walsh read into evidence the following portion of Womack’s statement, which, like Finney’s, had been redacted:

[Question]: Do you know who shot and killed Francisco Azcona?
[Answer]: Yes.
[Question]: What is his last name and where does he live?
[Answer]: His name is blank. He used to live on top of the bar.
[Question]: I want you to go on in your own words and tell me what you know about the murder of Francisco Azcona, that occurred on December the 11th, 1993.
[126]*126[Answer]: It was me and another guy. We were in the car, the other three went in the store. The car was around the corner and then they came out of the store carrying a cash register. As we pulled off the shooter said he shot the guy. I think someone asked him why did he shoot the guy? He didn’t answer him. Then we drove up our neighborhood. Then we drove to someone’s and we opened the register and got the money and we took the register and dumped it in a trash dumpster in a townhouse.
[Question]: Do you know someone’s real name and where he lives?
[Answer]: I don’t know his real name. He lives somewhere on blank.
[Question]: Do you know someone else’s real name and where he lives?
[Answer]: We call him blank. I don’t know where he lives. Somewhere up dog down.
[Question]: What is someone else’s real name and where does he live?

[Answer]: I don’t know his real name — ”

(Id.

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

Related

Eric Greene v. Superintendent Smithfield SCI
882 F.3d 443 (Third Circuit, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
498 F. App'x 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naree-abdullah-v-warden-sci-dallas-ca3-2012.