Wood v. Ercole

644 F.3d 83, 2011 U.S. App. LEXIS 9108, 2011 WL 1663441
CourtCourt of Appeals for the Second Circuit
DecidedMay 4, 2011
DocketDocket 09-2905-pr
StatusPublished
Cited by60 cases

This text of 644 F.3d 83 (Wood v. Ercole) 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
Wood v. Ercole, 644 F.3d 83, 2011 U.S. App. LEXIS 9108, 2011 WL 1663441 (2d Cir. 2011).

Opinions

GERARD E. LYNCH, Circuit Judge:

A New York jury convicted petitioner-appellant Ellis Wood (“Wood”) of Murder in the First Degree for hiring Rasheen Harry (“Harry”) to kill Carlisle Hall (“Hall”). A videotaped statement Wood made while in police custody played a central role at trial. On appeal to the New York Supreme Court, Appellate Division, Wood argued that he had made the statement after invoking his right to eounsel and, therefore, that its admission at trial violated his Fifth and Fourteenth Amendment rights under Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981).1 The Appellate Division agreed that the statement’s admission was erroneous, but found that error harmless. People v. Wood, 40 A.D.3d 663, 835 N.Y.S.2d 414, 415 (2d Dep’t 2007). The United States District Court for the Eastern District of New York (Sifton, J.) denied Wood’s habeas petition on the same grounds. Wood v. Ercole, No. 08-CV-4850, 2009 WL 1652179, at * 12 (E.D.N.Y. June 10, 2009). We must now decide whether the statement’s admission violated Wood’s right to counsel, and, if so, whether that error had a substantial and injurious effect on the jury’s verdict.

BACKGROUND

I. Investigation and Arrest

On June 2, 2001, Harry entered Ah Wee travel agency in Brooklyn, New York, walked directly up to its owner, Carlisle Hall, and killed him by firing two shots into his chest. A few weeks later, Nisha Bernard (“Bernard”), Wood’s ex-girlfriend and Hall’s former employee, told police investigators that Wood had hired Harry to commit the crime. Based on that tip, Detective Charles Arnao (“Arnao”) took both Wood and Harry into custody.

[87]*87Wood spent the night of August 24 inside the 71st precinct. At a line-up held the following afternoon, a witness identified Wood as the man he saw arguing with Hall ten days before the murder. Arnao then took Wood to an interrogation room, where Wood, after waiving his rights, provided an account of his activities on the day Hall was murdered. Arnao transcribed Wood’s statement and both men signed the document.

After signing, Arnao asked Wood if he would “go on video.” Wood initially agreed, but then responded: “I think I should get a lawyer.” Arnao immediately said “ok,” stopped inquiring into Hall’s murder, handed Wood a telephone, and left the room. When Arnao returned, he heard the tail-end of Wood’s conversation, which he believed “sounded more like a friend than a business” call. Arnao then arranged for video equipment to be brought into the interrogation room. Shortly thereafter, Assistant District Attorney Mark Pagliuco arrived with a video technician, read Wood his rights, and, in Arnao’s presence, recorded a brief interrogation.

On videotape, Wood disavowed any responsibility for the murder, but admitted to arriving at the scene in his green Lexus and recalled hearing two gunshots while purchasing “weed” nearby. Wood also spoke of a conversation he had with Hairy and a third individual, “Damion,”2 moments before the shooting in which he identified Hall as “the dude that [Bernard] had a problem with,” and watched as Harry walked off towards Hall’s location. Wood further admitted to giving Harry small amounts of money and marijuana in the days following Hall’s murder.

The statement also provided a potential motive for the murder. On the videotape, Wood explained that Hall previously had “filed a complaint against [Bernard]” based on her participation in a fraudulent credit card scheme being run out of the travel agency. Harry, in his own videotaped statement, asserted that Wood, too, was involved in the fraud. Investigators believed that Wood had Hall killed in order to prevent Hall from pursuing fraud charges against him. Based on this evidence, Wood was indicted for Hall’s murder.

II. Pretrial Hearing

Prior to trial, defense counsel moved to suppress the line-up identification and both statements. He argued that the government unreasonably delayed Wood’s arraignment in order to question him “without the presence of counsel” in violation of the New York State Constitution and the Sixth Amendment. However, defense counsel failed to argue that the videotaped statement’s admission at trial would violate Wood’s Fifth and Fourteenth Amendment rights under Edwards. See Wood, 835 N.Y.S.2d at 414.

III. Wood’s Trial

During the brief trial, Harry and Bernard testified to Wood’s role in the murder; a few other witnesses detailed Hall’s injuries and Harry’s actions inside the travel agency. In addition, the government played Wood’s videotaped statement, which largely confirmed Harry’s version of events leading up to the shooting. The only real question before the jury was whether Wood hired Harry to kill Hall or Harry simply took it upon himself to do so. As a result, the prosecution’s case rested on Harry’s and Bernard’s credibility.

A. Testimony ofRasheen Harry

According to Harry, Wood approached him on the morning of June 2 and asked if he “want[ed] to make some money.” Wood explained that “some man had raped [Bernard],” and implied that he sought revenge. Harry, twenty-five years old and fresh out of prison, was interested.

The pair traveled together in Wood’s white Lexus, presumably to find the man in question. While stopped to change vehicles, Wood told Harry that he wanted him “to kill somebody.”' Harry agreed, and they drove together towards the travel agency in Wood’s green Lexus. Soon after arriving, Wood saw Hall walk by on his way to work and Wood identified him to Harry as “the man that raped [Bernard].” Wood then got out of the car to “go buy some weed” and gave Harry twenty dollars to purchase something to eat. Upon Wood’s return, Harry entered the travel agency and shot Hall twice in the chest. He then passed the gun off to Damion, who was waiting “by the train,” and left the scene.

Three days later, Harry called Wood asking for money. Wood told Harry to go to a local store owned by Juanchi Hildago (“Hildago”). There, Hildago lent Harry ten dollars. This represented half of the twenty dollars Harry received between the shooting and his arrest. Though Harry claimed Wood had initially offered him $500 for the murder, Harry testified that the subject was never again discussed and payment was never made. In fact, Harry testified that “it wasn’t like [Wood] really owed [him the $500].”

Defense counsel’s cross examination focused squarely on Harry’s credibility.

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

Related

People of Guam v. Derick James Simmons
2025 Guam 13 (Supreme Court of Guam, 2025)
United States v. Raphael Nunn
Eighth Circuit, 2025
Hernandez v. McIntosh
Second Circuit, 2025
Correa v. Collins
E.D. New York, 2025
Chen v. Miller
E.D. New York, 2025
State v. Schaefer
2025 UT App 4 (Court of Appeals of Utah, 2025)
Gumbs v. Towns
Second Circuit, 2024
Kelsey v. Lewin
N.D. New York, 2024
Hare v. Rockwood
S.D. New York, 2023
Gonzalez-Alvarez v. Eckert
S.D. New York, 2023
Krivoi v. Chappius
Second Circuit, 2022
Alfonso v.LaManna
S.D. New York, 2022
Krivoi v. Chappius
E.D. New York, 2021
Kassir v. United States
3 F.4th 556 (Second Circuit, 2021)
Ervine Davenport v. Duncan MacLaren
975 F.3d 537 (Sixth Circuit, 2020)
McGhee v. Uhler
S.D. New York, 2019

Cite This Page — Counsel Stack

Bluebook (online)
644 F.3d 83, 2011 U.S. App. LEXIS 9108, 2011 WL 1663441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-ercole-ca2-2011.