United States v. Matthews

999 F. Supp. 2d 352, 2014 WL 785589
CourtDistrict Court, N.D. New York
DecidedFebruary 28, 2014
DocketNo. 5:05-CR-519
StatusPublished
Cited by1 cases

This text of 999 F. Supp. 2d 352 (United States v. Matthews) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Matthews, 999 F. Supp. 2d 352, 2014 WL 785589 (N.D.N.Y. 2014).

Opinion

MEMORANDUM — DECISION and ORDER

DAVID N. HURD, United States District Judge.

I. INTRODUCTION

On September 11, 2006, a jury found petitioner-defendant Michael Matthews (“petitioner” or “Matthews”) guilty of conspiracy to commit bank robbery (“Count 1”) and committing a bank robbery on September 25, 2003, at a Fleet Bank in Syracuse, New York (“the Syracuse robbery”) (“Count 2”). In Count 1, the overt acts alleged to have been committed by Matthews and his co-conspirator(s) in furtherance of the conspiracy included the Syracuse robbery; an October 15, 2003, robbery at a Fleet Bank in Whitesboro, New York (“the Whitesboro robbery”); and a December 11, 2003, robbery at an M & T Bank in Auburn, New York (“the Auburn robbery”). Matthews pleaded [355]*355guilty to the Whitesboro and Auburn robberies in state court before the trial began in this case.

On February 21, 2007, petitioner was sentenced to concurrent terms of life imprisonment on each count, pursuant to the three-strikes sentencing law, 18 U.S.C. § SSSgfcXlXAXi).1 The United States Court of Appeals for the Second Circuit affirmed the convictions and sentence on October 7, 2008. United States v. Matthews, 545 F.3d 223 (2d Cir.2008) (per curiam). The Second Circuit specifically held that petitioner’s prior convictions and his conviction on Counts 1 and 2 in this matter constituted “serious violent felonies” for purposes of the three-strikes law. Id. at 228.

Thereafter, Matthews filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. In this motion, he raised an ineffective assistance of counsel claim based on his trial attorney’s use of an allegedly biased investigator. This motion was denied in its entirety on July 23, 2009, and petitioner appealed.

On June 14, 2012, the Second Circuit issued a decision vacating the July 23, 2009, Order “to the extent that it summarily rejected Matthews’s claim of ineffective assistance of trial counsel due to the alleged conflict of interest of the investigator hired by counsel.” Matthews v. United States, 682 F.3d 180, 184-85 (2d Cir.2012). In accordance with the Second Circuit’s decision and subsequent Mandate, the July 23, 2009, Order was vacated to the extent it denied petitioner’s ineffective assistance of counsel claim based on the allegedly biased investigator, Attorney Jeffrey R. Parry was assigned to represent petitioner in regard to that claim, and an evidentiary hearing was scheduled to determine: (1) was the investigator biased; (2) what evidence an unbiased investigator could have discovered in order to create a reasonable probability that the result of the trial would have been different; and (3) was petitioner’s attorney ineffective.

The hearing was conducted on September 10 and 11, 2013, in Utica, New York. At the conclusion of the hearing, the parties were afforded time to review the transcript of the proceeding and submit proposed findings of fact and conclusions of law. Those submissions have been received and reviewed with the transcript. The following are the Findings of Fact and Conclusions of Law required by § 2255(b).

II. FINDINGS OF FACT

The following pertinent facts have been gleaned from documents filed on the docket, the trial transcript and exhibits, and the transcript of and exhibits received at the recent evidentiary hearing.

A. The 1982 Arrest

Richard Haumann was a deputy chief of the Syracuse Police Department in 1982. This position ranked him as the third in command of the department. In September 1982, Matthews and an accomplice robbed a bar in Syracuse at gunpoint. While fleeing the scene, Matthews allegedly fired three shots at a Syracuse police officer. He was arrested and charged with the robbery and attempted murder of the officer. However, prior to trial, he was mistakenly released from custody and remained at large for approximately three [356]*356months. Law enforcement searched for him in what police and local media described as “one of the most extensive manhunts in the city’s history.” Hr’g Ex. D-30.

While conducting surveillance in the early morning hours of December 26, 1982, Haumann and another officer observed Matthews leave a residence in Syracuse disguised in women’s clothing and a wig. Haumann personally tackled and arrested Matthews as he attempted to flee.2 At the subsequent criminal trial, which took place in October 1983, Haumann testified about his role in the arrest. Matthews was found not guilty of the attempted murder charge.

Deputy Chief Haumann retired from the Syracuse Police Department in 1986. In 1999, he began working as an investigator for the Office of the Federal Public Defender in Syracuse. He will hereinafter be referred to as “Investigator Haumann.”

B. The 2003 Syracuse Robbery and Trial

At approximately noon on September 25, 2003, Valerie Sewall3 and a male accomplice robbed the Fleet Bank on West Seneca Turnpike in Syracuse. Sewall entered the bank first, completed a minor transaction, and left. The male accomplice entered later, completely disguised from head-to-toe, and initiated the robbery. Images from the bank’s surveillance camera show Valerie Sewall in the bank at 11:49 a.m. and the male accomplice at 12:10 p.m. The male accomplice could not be positively identified by the images. Eyewitness accounts and subsequent police investigation place his estimated height at five feet, seven inches.

On November 10, 2005, an indictment was filed in the Northern District of New York charging Matthews with one count of bank robbery related to the Syracuse robbery. Assistant Federal Public Defender David G. Secular (“Attorney Secular”) appeared on behalf of Matthews on November 21, 2005. A superseding indictment containing Counts 1 and 2 was filed on April 20, 2006. Around this time, Investigator Haumann was assigned to work on Matthews’s defense case with Attorney Secular.4 Federal Public Defender Lisa A. Peebles replaced Attorney Secular as Matthews’s counsel on June 30, 2006. Assistant Federal Public Defender James F. Greenwald (“Attorney Greenwald”) replaced attorney

Peebles on July 24, 2006. Attorney Greenwald served as Matthews’s counsel throughout the trial, which began on September 5, 2006, continued on September 6 and 7, and concluded on September 11, when the jury returned a verdict of guilty on Counts 1 and 2.

At the trial, the Government called John Smith as a witness. He testified that on the morning of the Syracuse robbery, Mat[357]*357thews picked him up at Holloway’s garage in Syracuse. He noted that Matthews was driving a white van at the time. They reportedly drove to an auto auction in Cicero, New York, where they purchased a used blue Toyota Corolla sedan. According to Smith, he and Matthews stopped at a gas station to put gasoline in the Toyota, then dropped the blue sedan off at Matthews’s apartment on East Kennedy Street in Syracuse. Smith further testified that Matthews then dropped him off back at Holloway’s garage between 11:00 a.m.

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Cite This Page — Counsel Stack

Bluebook (online)
999 F. Supp. 2d 352, 2014 WL 785589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-matthews-nynd-2014.