Thompson v. United States

436 F. App'x 669
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 19, 2011
DocketNo. 10-2712
StatusPublished
Cited by3 cases

This text of 436 F. App'x 669 (Thompson v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. United States, 436 F. App'x 669 (7th Cir. 2011).

Opinion

ORDER

Marc Thompson was convicted by a jury of nineteen counts, including wire fraud, use of fire to commit a felony, bankruptcy fraud, and money laundering. These convictions were the result of Thompson’s plan to collect on a homeowner’s insurance policy after a fire which caused the death of his mother, Carmen Thompson. Thompson was sentenced to 190 years’ imprisonment. We affirmed his conviction and sentence on direct appeal. See United States v. Thompson, 523 F.3d 806 (7th Cir.2008), cert. denied, — U.S. -, 129 S.Ct. 770, 172 L.Ed.2d 760 (2008). Thompson filed a petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 alleging ineffective assistance of trial counsel and a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The district court declined to hold an evidentiary hearing and denied the petition. Thompson sought to appeal his ineffective assistance of counsel claim, and we granted a certificate of appealability on that issue. Because we find that trial counsel’s chosen strategy was objectively reasonable, we affirm the district court’s denial of the petition.

I. BACKGROUND

The underlying events giving rise to Thompson’s convictions are fully recited in our previous opinion, see Thompson, 523 F.3d at 808-09, but we summarize the facts pertinent to his ineffective assistance claim.

Following his divorce and the loss of his job, Marc Thompson began to borrow significant sums of money. Facing financial pressure, he began hiding assets from his ex-wife and creditors. In June 2001, Thompson moved his then 89-year old mother, Carmen, from California to Chicago to live with him. He had her California home sold, and spent the proceeds of the sale. In December 2001, Thompson raised his homeowner’s insurance policy from $275,000 to $350,000.

Thompson later told his housekeeper that his mother had said she wanted to burn the house down. On August 8, 2002, Thompson brought his mother to the hospital with a burn injury on her shoulder. He first told hospital staff that she had fallen on the stove after he left the room. Later that night, however, he told staff that she was injured after he left her alone in the house. Suspicious of the injury and Thompson’s inconsistent statements, the hospital called an elder abuse hotline, but eventually Carmen Thompson was released and Thompson brought her back to his home.

Three days later, a fire broke out in Thompson’s basement. Neighbors said that Thompson left the house around 7:00 p.m., but Thompson told investigators that he left the house around 6:15 p.m., made a stop, and then attended a 7:05 p.m. movie at a theater located at 600 N. Michigan Avenue. At approximately 7:10 p.m., neighbors saw smoke coming out of Thompson’s house, and called 911. Firefighters quickly extinguished the fire, but found Carmen Thompson in the basement, dead of smoke inhalation, about four feet from the fire’s origin. The area underneath her body was untouched by the fire.

Thompson arrived home and told Chicago Police detectives that his mother acted in a psychotic manner, was taking medications, had previously burned herself, and had talked about committing suicide in the past. The investigation ended, and a medical examiner ruled Carmen Thompson’s death a suicide. The detectives, however, were unaware of Thompson’s neighbors’ [671]*671observations, Carmen Thompson’s limited movement, and a codicil to Carmen Thompson’s will dated one week before the fire that stated that she did not want to have an autopsy conducted and wished to be immediately cremated. Additionally, at the time of her death, Carmen Thompson had alcohol, Valium (prescribed to Marc Thompson), and an antipsychotic drug in her system (prescribed to Carmen at Marc Thompson’s request).

Fire Marshal Carmelita Wiley-Earls led the Chicago Fire Department’s investigation into the fire’s cause. She concluded that the fire had been caused by the ignition of a flammable liquid that had been poured or splashed in the basement of the house. On the night of the fire, Thompson called his insurance carrier, but waited until the following morning to call his sister to inform her of their mother’s death. He ultimately collected over $600,000 in insurance claims as a result of the fire, most of which he transferred to an offshore account. In 2003, Thompson filed for bankruptcy, and he later admitted to fraudulently concealing assets from the bankruptcy court and lying under oath.

Thompson was indicted, and the court appointed John L. Sullivan as his counsel. Prior to trial, Thompson requested that Sullivan be discharged as his attorney because Thompson felt that Sullivan did not sufficiently consult with him during trial preparation. The court did not discharge Sullivan, finding the consultation sufficient, but appointed Robert Clarke as co-counsel at Mr. Sullivan’s request given the complex and challenging nature of the case.

At trial, Wiley-Earls testified without any objection from the defense. She concluded that the fire was “incendiary” in origin. She testified that she found “unusual” low burning in the basement at the point where a wall met the floor. She explained that in the absence of an acceler-ant, one would expect a “V” pattern of fire damage to form from the point of origin. In Thompson’s house, however, she found uniform low burning that was not normal in a typical fire. Because one wall had the most concentrated charring and damage, Wiley-Earls determined that the fire had originated there, a few feet from where Carmen Thompson’s body lay face down. Two cans of flammable liquid, each containing a residual amount of liquid and vapors, were also found nearby. Wiley-Earls acknowledged that these cans could have moved during the attempt to put out the fire, and was unable to say whether the contents from either can started the fire. Wiley-Earls also attempted to find a potential heat source. She eliminated a light switch near the area of origin and ruled out the furnace’s pilot light because there was no damage whatsoever to the furnace. She testified that she looked for any other possible accidental causes and found none.

Wiley-Earls also testified to smelling a chemical at the scene, but did not at that time test for accelerants. Although some portion of the basement’s wall materials were sent for laboratory testing for the presence of accelerants, Wiley-Earls never received any test results. One report showing negative test results on debris for accelerants was not introduced by the government, but was provided to trial counsel. Thompson’s trial counsel brought out the fact that Wiley-Earls never received the results of the materials she had submitted for testing, but trial counsel did not cross examine Wiley-Earls on whether testing was recommended or required by National Fire Protection Association or other standards. The defense did not call an arson expert, and offered a theory that Carmen Thompson had committed suicide.

The defense called four witnesses: Thompson’s son William, Thompson’s sister, a defense investigator, and Thompson [672]*672himself. During Thompson’s direct examination, he admitted to committing perjury both during his divorce proceedings and during his bankruptcy proceedings. He also admitted to tax fraud.

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Bluebook (online)
436 F. App'x 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-united-states-ca7-2011.