Washington v. Griffin

876 F.3d 395
CourtCourt of Appeals for the Second Circuit
DecidedNovember 28, 2017
Docket15-3831-pr
StatusPublished
Cited by69 cases

This text of 876 F.3d 395 (Washington v. Griffin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington v. Griffin, 876 F.3d 395 (2d Cir. 2017).

Opinions

Chief Judge Katzmann concurs in a separate opinion.

DEBRA ANN LIVINGSTON, Circuit Judge:

Petitioner-Appellant Kenneth Washington (‘Washington”) appeals from a judgment of the United States District Court for the Eastern District of New York (Block, /.), entered on November 5, 2015, denying his petition for a writ of habeas corpus. Washington was convicted in New York of multiple counts of first- and second-degree burglary and first- and second-degree assault, as well as first-degree criminal sexual act and first-degree sexual abuse. He claims that the introduction at his trial, during the testimony of an expert lab analyst, of a case file concerning the DNA testing of Washington’s buccal cheek swab and containing notations made by the expert’s coworkers, “analysts whom the State did not call to the stand,” Pet’r’s Br. 2, violated his Sixth Amendment right to confront witnesses against him, as clearly established by Melendez-Diaz v. Massachusetts, 557 U.S. 305, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), and Bullcoming v. Neto Mexico, 564 U.S. 647, 131 S.Ct. 2705, 180 L.Ed.2d 610 (2011). The district court denied the petition, but granted Washington a certificate of appealability. Washington v. Griffin, 142 F.Supp.3d 291, 297 (E.D.N.Y. 2015). We conclude that Washington has not shown, as he must, that the state court either: (1) “arrive[d] at a conclusion opposite to that reached by [the Supreme] Court on a question of law or ... decide[d] a case differently than [the Supreme Court] on a set of materially indistinguishable facts”; or (2) “unreasonably applie[d] [the correct governing legal] principle to the facts” of this case. Williams v. Taylor, 529 U.S. 362, 413, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). Accordingly, we affirm the judgment of the district court.

BACKGROUND

I. Factual Background1

Washington was charged with multiple felony counts—three counts each of first- and second-degree burglary, two counts each of first- and second-degree assault, first-degree criminal sexual act, and first-degree sexual abuse—in connection with three separate home invasions that took place over the course of eleven months between August 2006 and July 2007 in adjacent neighborhoods in Queens, New York. DNA evidence was recovered from each of the three crime scenes, as recounted below. Washington was charged when, as stipulated at trial, a DNA profile based on the DNA evidence recovered at each crime scene was found to match his profile, contained in the New York State DNA Index.

A. The Crimes

1. The T-Shirt Evidence

The first set of crimes occurred around 2:00 a.m. on August 17, 2006, when an off-duty New York City Police Department (“NYPD”) detective who lived alone, awoke to find an intruder in her bedroom rifling through her jewelry box. The detective described the intruder, who gained access to her home through a kitchen window, as a slender black man with cornrows wearing a white t-shirt, denim shorts, and a black stocking cap with a knot at the top. The cap covered the intruder’s face and he wore socks on his hands.

When the NYPD officer attempted to retrieve a firearm from the nightstand beside her bed, the intruder approached and they struggled for the weapon. Calling her a “bitch” and a “stupid fat bitch,” the intruder viciously beat the detective on the head, first with his hands and eventually with the gun, so hard she bled into her eyes and could not see. Trial Tr. 494. The struggle and beating continued into the hallway and then the bathroom. Demanding money, the intruder pushed his victim into the bathtub and asserted that he had been watching her , and knew that she was “some, police type bitch.” Id. at 495. When he left her alone in the bathroom (apparently so that he could search for cash), the detective attempted to get up but slipped on the rim of the bathtub, which, was wet with her blood. The intruder returned to the bathroom and scolded her to stay put, stomping on the woman and dumping the contents of her handbag over her. When the intruder again left her alone, the detective used the cellphone that had fallen from her bag to call 911. By the time help arrived, the intruder had left the scene. Emergency responders took the victim to the hospital, where she was admitted and treated for her wounds. When she eventually returned to her apartment, the detective discovered that the intruder had taken jewelry, her police shield, her gun, and an NYPD-issued MetroCard,

During an early morning search of the area near the victim’s home in the hours after the crime, a police officer observed a white t-shirt and a‘white sock, both apparently covered in blood, and a stocking cap. Officers photographed, collected, and documented these items. Eventually, analysts at the New York City Office of the Chief Medical Examiner (“OCME”), an accredited lab affiliated with the New York City Department of Health and Mental Hygiene, tested these items for DNA evidence.2 Prom scrapings taken from the neck of the t-shirt, the OCME analysts developed a DNA profile of a then-unknown male individual.3

2. The Glove Evidence

The second criminal incident occurred on December 5, 2006, about four months later, and was discovered when a working mother returned home, accompanied by family, to find her house in disarray. Her handbag had been emptied out, and someone had. strewn her earrings .around the living room. Several items—sneakers, multiple • video gaming systems, and two watches—were gone. A window in the dining room had been forced open.

Two gloves that did not'belong to any of the home’s occupants were recovered at the scene. Police officers collected the gloves and sent them to OCME for DNA testing. OCME analysts determined that, while there was a mixture of DNA present on each glove, both had the same major donor. A male DNA profile was generated from glove scrapings.

8. The Iced-Tea Container Evidence

Finally, on the afternoon of July 15, 2007, the third victim, who was alone at home at the’time of the crime, had just awakened and was watching television in bed when a male intruder appeared in her bedroom. The intruder, a black male with cornrows, wore her long white bathrobe, and had covered his face with a towel or t-shirt. The third victim, like the first, noticed that the intruder wore socks on his hands.

The intruder violently assaulted this third victim, placing his hand over her mouth and pushing her face into a pillow to muffle her screams, before pulling her off the bed by her hair and pressing his penis between her buttocks. The victim, who was pregnant at the time, used her hands to shield her stomach during this assault. When she resisted the intruder, he punched the side of her head, causing her to see stars, and tied a t-shirt around her face. The intruder repeatedly called the victim a bitch and also demanded money. At one point during the attack, the intruder dragged the woman into the kitchen, where he removed a container of iced tea from the refrigerator and took several gulps from it—spitting some of the tea onto her leg.

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Bluebook (online)
876 F.3d 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-griffin-ca2-2017.