Squires v. Fleming

658 F. Supp. 800, 1987 U.S. Dist. LEXIS 3368
CourtDistrict Court, E.D. Virginia
DecidedApril 27, 1987
DocketCiv. A. No. 85-0604-R
StatusPublished

This text of 658 F. Supp. 800 (Squires v. Fleming) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Squires v. Fleming, 658 F. Supp. 800, 1987 U.S. Dist. LEXIS 3368 (E.D. Va. 1987).

Opinion

MEMORANDUM

MERHIGE, District Judge.

The petitioner, Earl Lawrence Squires, seeks habeas corpus relief pursuant to 28 U.S.C. § 2254, alleging ineffective assistance of counsel in violation of the sixth and fourteenth amendments to the United States Constitution. Petitioner is currently serving a life sentence at the Virginia State Penitentiary within this judicial district.

The record reflects the following:

Petitioner Squires was convicted in the Circuit Court for the City of Virginia Beach on July 16, 1977, for the murder of Wayne C. Chitwood, Jr. On March 10, 1978, the Virginia Supreme Court denied Squires’ petition for appeal of that conviction. Thereafter Squires, proceeding pro se, filed a Petition for Writ of Habeas Corpus in the Circuit Court for the City of Virginia Beach. The Circuit Court denied that petition on January 20, 1983. Squires then appealed the Circuit Court’s denial of the petition to the Virginia Supreme Court. This appeal was denied on April 19, 1984.1 Petitioner subsequently filed the instant lawsuit.

In his original petition, Squires stated nineteen separate claims of ineffective assistance of counsel. By order of March 18, 1986, however, Judge Warriner dismissed five of the asserted claims denoted as (f), (g), (j), (r), and (t). After the matter was transferred to the undersigned, the case was heard on the merits and taken under advisement. The Court is now prepared to render its decision.

Factual Background

At about 10:45 p.m. on the night of October 7, 1984, a security guard at a shopping mall in Virginia Beach, Virginia, noticed for the first time that a green Oldsmobile was parked in the lot. A number of days passed; however, no one retrieved the car. The guard later examined the car and noticed that its ignition key was jammed in the ignition. On October 16, the police were summoned. Blood stains around the locked trunk excited suspicions of foul play. They were confirmed when the trunk was forced open. Inside was the body of Wayne Chitwood, 36, a local retailer of used autos who had been reported [803]*803missing some days earlier. Chitwood had been beaten and shot four, possibly five times in the upper body and head.

The police soon determined that the last place that Chitwood had been seen was Beach Auto Wholesalers, an auto wholesale and retail business located at 220 Witch-duck Road in Virginia Beach. That business was run by Earl Lawrence Squires, better known as “Larry.” Squires had run the auto lot at 220 Witchduck himself for less than four months; previously, he had been employed at the same address by Donny Ward, his brother-in-law. Ward’s auto business was incorporated under the name of “Donny Enterprises.” Chitwood had been a partner in Donny Enterprises, but had ended his association with Ward some months prior to his death.

Police soon surmised from Squires and a number of other witnesses that Chitwood had arrived at Virginia Beach Auto Wholesalers around 5 o’clock on October 7, 1984, driving the used green Oldsmobile in which his body was later found. Squires told the police that the two men discussed the sale of the car and that Squires decided not to buy it. According to Squires, Chitwood then left the lot. There were no further reports of Chitwood having been seen until the time his body was found in the trunk of the car nine days later.

The police’s attention soon focused upon Ward, Chitwood’s former business partner. It is not clear what evidence the police may have had connecting Ward with the murder. Certainly there were factors suggesting his involvement. Ward was the sole owner of stock in Donny Enterprises which was itself the beneficiary of a $50,000 “key man” insurance policy insuring the life of Wayne Chitwood. Although Ward and Chitwood had ceased to be partners some months before Chitwood’s death, payments on the policy had been kept up following the dissolution of their partnership. In addition, Ward’s business was reportedly in financial difficulty and he may have been in default on loans totaling over $20,000.

When questioned by the police, Ward provided information that implicated Squires and another man, J.E. “Buddy” Watson, III, in a conspiracy to kill Chit-wood. At the behest of the police, Ward made a number of telephone calls to Watson in early November, 1974, in which the two men discussed what ought to be done about cashing in the insurance policy on Chitwood’s life. Ward asked questions clearly intended to elicit from Watson details of his possible involvement in the Chit-wood murder. The police taped these conversations and considered them sufficiently incriminating as to justify seeking a grand jury indictment against Watson and Squires. The two men were arrested November 6,1974, as was Lee Queensbury, an employee of Squires who worked at Beach Auto Wholesalers. At a preliminary hearing held November 7, the prosecution presented their evidence against the men. The judge certified murder charges against Watson and Squires to a grand jury.

On December 2, 1974, the grand jury returned an indictment against Squires and Watson for the murder of Wayne Chit-wood. The prosecution, however, successfully moved to enter a nolle prosequi to the indictments against both Watson and Squires on August 26, 1975. Commenting upon the decision not to go forward with the case, the prosecutor stated that the Commonwealth simply had “no evidence.”

Dismissal of the indictments brought proceedings in the Chitwood murder to a temporary halt. The pause lasted almost 17 months. That it did not last longer was due directly to Larry Squires’ increasing involvement in a variety of extra-legal activities, an involvement that brought him to the attention of local, state, and federal law enforcement personnel. As part of Operation Seawall, a large scale undercover scheme carried out in the Norfolk area, Squires’ acquaintance was cultivated by an FBI agent, James Cross, who successfully passed himself off to Squires as a member of the Michigan underworld. The two men became friends.

During the course of their illicit dealings, Squires mentioned to Cross his previous indictment on a murder charge. Cross, who had been informed by local authorities of their continuing interest in Squires re[804]*804garding the Chitwood murder, was anxious to hear more. In November of 1975, he succeeded in drawing out Squires on the subject on two occasions. The second of these occurred at Cross’ apartment. There, in a conversation that was monitored by a federal and local agent and tape recorded by them, Squires told Cross that he had shot Chitwood in the offices at 220 Witchduck Road.

Squires put forward a number of reasons for the killing. First, he claimed that he had been the beneficiary of the $50,000 key man insurance policy on Chitwood’s life. He also claimed that Chitwood had cheated him on various business deals and that Chitwood had revealed some of Squires’ extramarital affairs to Squires’ wife.

On February 7, 1977, as a result of the above conversations, Squires was reindict-ed for the murder of Wayne Chitwood. Squires eventually retained Michael Dills as defense counsel. Dills had previously represented Squires on a number of other criminal charges arising out of the “Seawall” operation. On March 24, Squires received a sentence of 15 years for his conviction of check counterfeiting. On March 28, Squires pled guilty to charges of cocaine possession and distribution.

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Related

Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)

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Bluebook (online)
658 F. Supp. 800, 1987 U.S. Dist. LEXIS 3368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/squires-v-fleming-vaed-1987.