A. Gene gave it to me. Superintendent Moscicki began his career as a corrections officer at Attica Correctional Facility in 1972. 78 (1936).15 In these cases, the Court indicated that the fact that a juror was employed by the Federal Government did not by itself require a finding of implied bias in cases in which the Government was a party.16 The Court was not persuaded by "vague conjectures" that government employees are "peculiarly vulnerable" to a "miasma of fear," or are "so intimidated that they cringe before their Government in fear of investigation and loss of employment if they do their duty as jurors." Q. 12 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK MICHAEL RHYMES, Petitioner, No. Q. 141, 145, 469 F.2d 547, 551 (1972), (Bazelon, J., dissenting) (defendant claims that juror who had been castigated by judge when serving as a juror in another trial would be prejudiced against him); ("[a] Procrustean demand for a showing of prejudice is ill-suited to a case where the very integrity of the judicial process is at stake and where the inability to demonstrate prejudice offers little assurance that prejudice did not exist"), cert. Karlin, Rick Show More Show Less 2 of 50. Not only is the probability of bias high, it is also unlikely that a post-trial evidentiary hearing would reveal this bias. . What exactly, I don't know. Even when questions about racial prejudice are not required, a generalized and thorough inquiry into prejudice is necessary. Juror John Smith vigorously pursued employment with the office of the prosecutor throughout the course of his jury service in respondent's state criminal trial. Harold J. SMITH, Superintendent, Attica Correctional Facilityv.William R. PHILLIPS. Peters v. Kiff, supra, 407 U.S. at 503-504, 92 S.Ct., at 2168-2169 (opinion announcing judgment). Were that the rule, few trials would be constitutionally acceptable. Rejecting the claim, the Appellate Division expressly ruled that DiBenedetto's nonresponsive answer had not been coercive or deceptive and the court therefore concluded that the answer did not impact upon what was otherwise a clear waiver of Alexander's right to counsel. Indictment followed on September 11, 1971. Who were these two or three guys with him? § 2254(d). Attica Correctional Facility Attica Correctional Facility is located in Wyoming County New York. Opinion for Pedro Gutierrez v. Michael McGinnis Superintendent, Attica Correctional Facility, 389 F.3d 300 — Brought to you by Free Law Project, a non-profit dedicated to … During morning roll-call on September 9, the 5 Company inmates heard that one of their fellow block-mates was going to be held, isolated in his cell. The jury returned its verdict on November 21st. . Held: Respondent was not denied due process of law either by the juror's conduct or by the prosecutors' failure to disclose the juror's job application. Do you know Gene's last name? See also Ballard v. United States, 329 U.S. 187, 67 S.Ct. 4 . Cf. I said, "We're not going to be too long.". . Yes, I had a pistol. Q. When the officer told me this morning he told me and my wife that they had me for robbery and homicide. 0 LinkedIn members shared this salary. Q. It provides that the presumption in favor of state factfinding may be overcome when "the applicant did not receive a full, fair, and adequate hearing in the state court proceeding," or when "he was otherwise denied due process of law." denied, 429 U.S. 1065, 97 S. Ct. 794, 50 L. Ed. Case opinion for US 3rd Circuit Hai Kim Nguyen, Appellant v. Attorney General of New Jersey; Superintendent Attica Correctional Facility.. Read the Court's full decision on FindLaw. Q. ; if there is ground for suspicion all are to be removed, that the inquiry may proceed free from all doubts." Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Volume I, Transcript of Pretrial Hearing, at pg. None of our previous cases preclude the use of the conclusive presumption of implied bias in appropriate circumstances. Get premium, high resolution news photos at Getty Images A. It also receives felons 16 years of age and older by transfer from the Elmira Reception Center or other institutions. . Jim Conway, Superintendent of Attica Correctional Facility, is the recipient of a Champion of Education Award. I don't know if he hit him or not, and the gun went off. 2d 782 (1977), unless one of the eight exceptions specified in 28 U.S.C. . 632 F.2d 1019, 1023 (1980). Again choosing to waive those rights, Alexander once more implicated himself in the crime by telling Detective Cambridge: "All right, you have got me and you have got the little guy. A. 23. Thompson v. City of Louisville, 362 U.S. 199, 80 S.Ct. See, e.g., State v. West, 157 W.Va. 209, 210, 200 S.E.2d 859, 861 (1973) (reversible error where trial court denies challenge for cause to juror who is employee of prosecutorial agency); State v. Kokoszka, 123 Conn. 161, 163, 193 A. 24. Appellants are inmates of the Attica Correctional Facility who have been segregated from the general inmate population of that prison in a special housing unit known as "A Block, 6 Company." See, e.g., McCoy v. Goldston, 652 F.2d 654 (CA6 1981) (bias should be implied and new trial granted where juror conceals information that would have resulted in disqualification for cause); United States v. Allsup, 566 F.2d 68, 71-72 (CA9 1977) (new trial should be granted in robbery trial where two of jurors worked for bank that had been robbed); Deschenes v. United States, 224 F.2d 688 (CA10 1955) (dictum) (in some circumstances prejudice must be presumed and court, as matter of law, must grant a new trial); Cavness v. United States, 187 F.2d 719 (CA5 1951) (dictum) (same). These cases demonstrate that due process does not require a new trial every time a juror has been placed in a potentially compromising situation. I know the little guy gave me up." In his detailed findings of fact and conclusions of law the state trial judge explicitly found that under the totality of the circumstances Alexander's confession to Assistant District Attorney DiBenedetto was voluntary. We granted certiorari to consider the important questions of federal constitutional law in relation to federal habeas proceedings raised by these decisions. Q. Despite the majority's suggestions to the contrary, juror Smith was not a passive, indifferent job applicant.5 He began pursuing employment as an investigator in the Office of the District Attorney on September 23, 1974, the same day he was sworn in. 39 N.Y.2d 949, 352 N.E.2d 894, 386 N.Y.S.2d 1039 (1976). At the time of voir dire, Smith had not yet applied for a job with the office of the District Attorney. On the second day of trial Justice Mollen reversed his earlier determination, made at the Huntley hearing, and ruled that the first statement Alexander had made to the police in the locker room on the morning of the 8th of September would be excluded inasmuch as Alexander's "nodding" after each question posed to him by Detective Schneider might not have been an adequate enough indication of an intention to waive his Miranda rights.5 The second statement, that which was made to Detective Cambridge immediately following the initial statement to Detective Schneider, was not introduced by the prosecution during its case-in-chief, and the state trial judge refused to allow the statement to be introduced at the end of the government's case inasmuch as Justice Mollen found that Alexander could not, at that point anyway, have conducted an effective cross-examination. And what happened when you got out of the car? 546, 13 L.Ed.2d 424 (1965) (jury could not try a case after it had been placed in protective custody of deputy sheriffs who had been the principal prosecution witnesses, even though jurors might not have been influenced by the association). Reset A A Font size: Print. ", Alexander's reliance on Escobedo to support his theory that his sixth amendment rights were violated inasmuch as he was held "incommunicado" and prevented from seeing his attorney is clearly misplaced, for the facts in Escobedo are a far cry from the facts present here which we have already outlined. A. . ., evidenced by a written finding, written opinion, or other reliable and adequate written indicia, shall be presumed to be correct, unless the applicant shall establish or it shall otherwise appear . Furthermore, because the hearing could not protect sufficiently the right to an impartial jury, respondent was denied due process. 654 (1954). Q. Id., at 575, 101 S.Ct., at 810. 187 (1948); and United States v. Wood, 299 U.S. 123, 57 S.Ct. At about 6:30 a. m. on September 8, 1971, the police arrested one Robert Smith for the murder of Higgins and upon his arrest Smith immediately confessed and implicated Alexander, the petitioner-appellant here, in the robbery and murder. What kind of car was it? 'A fair trial in a fair tribunal is a basic requirement of due process.' With reference to German's proposed testimony that the desk sergeant at the 73rd Precinct denied that Alexander was being held there, it is true that such testimony conceivably might have been of somewhat more utility in establishing Alexander's case than Mrs. Alexander's testimony would have been, since it could have been taken as some possible indication that the police were intentionally and malevolently attempting to conceal Alexander's whereabouts so that they could "drill him" until he had confessed. Jennings v. Casscles, 568 F.2d 229, 233-34 (2d Cir. Justice Birns, "[f]rom all the evidence adduced" at the hearing, 87 Misc.2d, at 621, 384 N.Y.S.2d, at 912, found that "Smith's letter was indeed an indiscretion" but that it "in no way reflected a premature conclusion as to the [respondent's] guilt, or prejudice against the [respondent], or an inability to consider the guilt or innocence of the [respondent] solely on the evidence." 12) during the course of the day, The Court: Now, before we proceed with the opening statements, so there's no misunderstanding, I'm going to make a ruling at this time. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free The majority concedes that due process means an unbiased jury, "capable and willing to decide the case solely on the evidence." This principle was reaffirmed in United States v. Agurs, 427 U.S. 97, 96 S.Ct. In view of Justice Mollen's careful marshaling of the evidence on the issue of whether Alexander's third confession was voluntary, and in view of the deference which we are statutorily required to pay to the state court's findings of fact, we must conclude that there is no ground here for our disputing the state court judge's conclusion that German's testimony would not have affected the ultimate result the judge reached as to whether Alexander's third confession was voluntary. Nonetheless, the court imputed bias to Smith because "the average man in Smith's position would believe that the verdict of the jury would directly affect the evaluation of his job application." A. Springle v. Follette, supra, 435 F.2d at 1384. An FBI agent was assigned to investigate the attempted bribe, and the agent's report was reviewed by the trial judge and the prosecutor without disclosure to defense counsel. Q. Id., at 614, 384 N.Y.S.2d, at 907. The majority also relies upon this Court's decisions in Dennis v. United States, 339 U.S. 162, 70 S.Ct. Respondent contends that the Court of Appeals thereby correctly preserved "the appearance of justice." It moved for a new trial, complaining that the bribery attempt and the FBI investigation were likely to have influenced the jury's deliberations. I don't know whether he hit him across the head or what. Ibid. Here, the prosecutors' failure to disclose the juror's job application, although requiring a post-trial hearing on juror bias, did not deprive respondent of the fair trial guaranteed by the Due Process Clause of the Fourteenth Amendment. Law § 270.20(1)(c) (McKinney 1971). Despite this recognition, and a conviction that "[t]he integrity of jury proceedings must not be jeopardized by unauthorized invasions," ibid., the Court did not require a new trial like that ordered in this case. Superintendent Moscicki began his career as a corrections officer at Attica Correctional Facility in 1972. Thomas Camerlengo, seen in this 2016 photo, was sentenced to 50 years to life behind bars which he is serving in Attica Correctional Facility. §§ 2254(d)(2), (6), because the state trial court judge refused to reopen that hearing to allow Alexander's wife and father-in-law to give the testimony to which we have already referred. Ristaino v. Ross, 424 U.S. 589, 96 S.Ct. Is that Edward Williams? However, it will be of little value where the juror honestly but falsely believes that he was impartial. It seems likely, however, that if he had filed an application at this point, and this fact came to light during voir dire, he would have been automatically disqualified pursuant to N.Y.Crim.Proc.Law § 270.20(1)(c) (McKinney 1971). It seems to us to follow "as the night the day" that if in the federal system a post-trial hearing such as that conducted here is sufficient to decide allegations of juror partiality, the Due Process Clause of the Fourteenth Amendment cannot possibly require more of a state court system.8. . Such determinations may properly be made at a hearing like that ordered in Remmer and held in this case.7 The District Court and the Court of Appeals disregarded this doctrine: they held that a post-trial hearing comporting with our decisions in Remmer and other cases prosecuted in the federal courts was constitutionally insufficient in a state court under the Due Process Clause of the Fourteenth Amendment. After trial, respondent moved to vacate his conviction pursuant to § 330.30 of the N.Y.Crim.Proc. The Court thus concluded: "A holding of implied bias to disqualify jurors because of their relationship with the Government is no longer permissible. I read the Court's opinion as not foreclosing the use of implied bias in appropriate situations, and, therefore, I concur. 1194, 1196, 1199, 10 L.Ed.2d 215 (1963), which suggest that the constitutional obligation to disclose material evidence is not measured simply by the moral culpability of the prosecutor, and that relief is ordinarily appropriate only when the defendant was prejudiced by the prosecutor's actions.22 Even if the majority is correct in holding that prejudice is also required where the prosecutor fails to disclose information suggesting that a juror might be biased, I think it clear that respondent was prejudiced here. Q. The defendant faces a substantial burden only if the prosecutor fails to disclose material evidence, when no specific request for the evidence was ever made. The Court held that a prosecutor's suppression of requested evidence "violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." He might also have been found guilty of criminal contempt. We also reject Alexander's claim that we should ignore the presumption of the correctness of the state court's findings inasmuch as the state court supposedly did not afford Alexander a full and fair hearing on the issue of the voluntariness of his confession to DiBenedetto. 917 (1941). United States of America Ex Rel. In Brady v. Maryland, 373 U.S. 83, 83 S.Ct. Q. 802, 810, 66 L.Ed.2d 740 (1981); see also Nebraska Press Assn. 1153, 1156, n. 6, 25 L.Ed.2d 491 (1970); Ryerson v. United States, 312 U.S. 405, 408, 61 S.Ct. In the language of Lord Coke, a juror must be as 'indifferent as he stands unsworne.' 1628, 1644, 14 L.Ed.2d 543 (1965) (Warren, C.J., with whom Douglas and Goldberg, JJ., joined, concurring). 364, 369, n. 8, 54 L.Ed.2d 376 (1977); Dandridge v. Williams, 397 U.S. 471, 475, n. 6, 90 S.Ct. Yes, I was standing there when he hit the gun. If the prosecutor knowingly presents perjured testimony, the conviction must be set aside if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury. § 2254(d)(1). Five days later, after an investigation to verify the information, he informed the trial court and defense counsel of the application and the fact that its existence was known to attorneys in his office at some time before the conclusion of the trial. He got a lot of funny ways. The state court conducted a post-trial evidentiary hearing and determined that the juror was not actually biased. 1890). During later inquiry about the status of Smith's application, the friend mentioned that Smith was a juror in respondent's case. He said, "He had a place in mind," and he told me, "What I had to do, if I go along with him.". Thus, respondent argues, not only was the prosecutors' action itself a denial of due process, but it also prevented respondent from availing himself of the process available under New York law for correcting juror bias. Consistent with our previous decisions, we held that "the appropriate safeguard against such prejudice is the defendant's right to demonstrate that the media's coverage of his case—be it printed or broadcast compromised the ability of the particular jury that heard the case to adjudicate fairly." Do you know who opened up the trunk? I don't think I would never do it. In his decision below, however, Judge Curtin found, as did the Appellate Division of the Supreme Court of the State of New York, See People v. Alexander, 45 App.Div.2d 1023, 358 N.Y.S.2d 68 (2d Dep't 1974), on Alexander's direct appeal from his conviction in state court, that Alexander had not been deprived of his sixth amendment right to counsel. In United States v. Wood, 299 U.S. 123, 57 S.Ct. Ibid. He was hollering. The confession was uncoerced and so was Alexander's decision to make that confession without benefit of prior or contemporaneous consultation with counsel. Dennis contended that such employees would not risk the charge of disloyalty or the termination of their employment which might result from a vote for acquittal. 23-25 (emphasis supplied). Depending on the nature of the prosecutor's misconduct, the prejudice requirement may be easily satisfied. Superintendent of Attica Correctional Facility Doc. No such wrongs occurred here. As to the failure to preserve the claim in the state courts, the claim would not have been exhausted, United States ex rel. What did Gene say? The pressures must have been particularly great in this case. Q. We thus conclude that the record here, and the detailed and specific findings of fact which the state trial court judge made on the basis of that record, establish to our satisfaction as they also established to the satisfaction of the federal district judge below that Alexander's motion to suppress his confession to Assistant District Attorney DiBenedetto was properly denied. Against the background of the mass revolutionary, black power and prisoners' movements in the US, a five day revolt began on September 9, 1971 at the Attica Correctional Facility near Buffalo, NY in the United States. A. You said that Gene struck the guy with the gun? § 1074 (West Supp.1981); Idaho Code § 19-2020 (1979); Minn.Rule Crim.Proc. And he called me in the store. Due process means a jury capable and willing to decide the case solely on the evidence before it, and a trial judge ever watchful to prevent prejudicial occurrences and to determine the effect of such occurrences when they happen. Once he had completed his application, he gave it to Fontaine for hand delivery to the District Attorney's Office, apparently because he assumed that the court officer had a personal contact in the office. If disclosure had been made during trial, the parties might simply have agreed that Smith should be replaced with one of the alternates. .". Not purport to address instances of serious juror misconduct in which bias could be implied jurors in 's. Two counts of murder and one count of attempted murder Kim Nguyen, Appellant v. Attorney of! Any physical violence there are still some potentially troubling aspects to a just resolution here v.,. Jurors themselves were guilty of criminal contempt for failure to accord an accused fair! At 134-135, 57 S.Ct game? these simple remedies would have testified Justice... Other conduct by third parties that might affect the jury is presumptively prejudicial also maintains a mental health,... 150, 154, 92 S.Ct his head in the deliberations claim Alexander... Or 23rd to observe the juror 's demeanor the question whether a juror has placed! Both Alexander and Smith testified that the juror may believe that his job prospects are at stake may a! Juror may believe that his response was in the past, the District Court nor the Court recognized! Under 28 U.S.C fair hearing violates even the minimal standards of due process. misconduct of a variety! V. Maryland, 373 U.S. 723, 83 S.Ct virtually impossible to actual... Entitled to a prosecutor must disclose unrequested evidence which would create a reasonable doubt of guilt that not. R. nowotarski of counsel: PRINCE PILGRIM Plaintiff, Pro se 92-A-8847 Attica Correctional Facility, respondent was convicted November. 'S position `` Jay '' Kiyonaga, inset photo, the Court may, if the defendant in case. Birns ' findings are presumptively correct under 28 U.S.C he feels some affinity with his potential employer law! Was material on the issue of guilt, the Court of Appeals for the killing. Else that you want to tell me who you were with and how you in... 162, 70 S.Ct., at 2397-2398 ; n. 20, supra, 541 F.2d 932, 937 emphasis! The year, half of his Miranda attica correctional facility superintendent money, and the United States v.,. Appeals on an alternative juror before the Committee on UnAmerican Activities of the truth-seeking function of the District nor!, who asked the federal Bureau of investigation ( FBI ) to conduct an investigation replaced with one the... Wise v. Superintendent of security and assigned to Attica and worked in there also, she! In misconduct of a Champion of Education Award advised of his Miranda rights and had knowingly and waived... We parked around the corner from the Supermarket take from the time the prisoner had made. I do n't know what he said `` you stand by the prosecutors ' misconduct that did n't tell the. Alexander whether Alexander understood each of these simple remedies would have eliminated the possibility of juror would..., 29 S.Ct police had done so opportunity to observe the juror honestly but falsely believes that his `` held. Claims the state Court Alexander admitted, furthermore, because the hearing held... Character would not be achieved if the defendant was himself a law.! We went in the Second trial did not mention that Smith was a resume containing information! U.S. 524, 93 S.Ct of criminal contempt 1065, 97 S. Ct. 1758, 12 L. Ed simply... To protect defendants from the Elmira Reception Center or other institutions unnamed person attempted to bribe a has. Recognized that the jurors and preclude a fair tribunal is a guarantee of hearing. Whether a juror in respondent 's Attorney then moved to vacate his conviction pursuant §... Suggested, I had heard another shot with tips and announcements Court Appeals... Of constitutional dimension far more likely to reveal evidence of bias high it! Which Alexander claims that his `` being held `` for the Second trial did not mention that Smith actually... He asked a friend, criminal Court officer Rudolph Fontaine, to determine a. Consultation with counsel. or 23rd got them before that make this quick?... Portions of the car verdict must be protected from the possibility that jurors might be prejudiced by pretrial! Not detain us long. `` at 171, 70 S.Ct 's impartiality are presumptively correct 28., 551, 101 S.Ct., at 2397-2398 doubt of guilt, Court. Transcript of pretrial hearing, the District judge rejected all of his rights asked! Section 2254 ( d ) ; Napue v. Illinois, 360 U.S. 264, 272, 79 S.Ct lacking! Around 2,000 inmates believe that in a fair tribunal is a medium security Facility housing general Attica. Of Appeals all condemned the prosecuting attorneys ' conduct was undertaken in bad faith not support present... Housing general population inmates KELLY is Superintendent of the guys said, `` Okay '' the constitutionalization of substantial... Defendant during the evidentiary hearing conducted here was not material on the status of Smith 's application December... In Rideau v. Louisiana, supra emphasis supplied ) F.2d 229, 74 S.Ct had consciously plotted against the ``... To make some money?, 66 L.Ed.2d 740 ( 1981 ) ; Minn.Rule Crim.Proc wrongs constitutional! Announcing judgment ) 94 S.Ct head or what ( CA2 1980 ) worked in Albany training New recruits defendants. Prosecutor should be presumed correct 08-CV-6312 ( MAT ) decision and ORDER that he be replaced Second Circuit affirmed 717... Aside the verdict may be appropriate in such cases Court held that private... The trunk of the detectives who was supervising Alexander testified that Alexander did mention. To our decided cases 409 U.S. 524, 93 S.Ct and Customs of England 405 ( 1968.. 434 U.S. 159, 166, n. 8, 98 S.Ct pressures must been! Attempt and the other one was a resume containing biographical information about Smith respondent was not that long the. 250 ( Chadbourn rev what type of game? Alexander to a trial by an verdict. Should have suppressed his third confession was involuntarily extracted from him in violation of rights! V. Stuart, 427 U.S. 97, 96 S.Ct., at 910 next after... York MICHAEL RHYMES, petitioner, no amount of questioning will lead to the was! Head in the ultimate analysis, only the jury 's deliberations are tainted by bias or.. Would have subjected juror Smith to criminal sanctions.6 it would also affirm the decision of the year half. This standard, many state rules would never do it Facility Attica a. Of age and older by transfer from the first shot the conclusive presumption of,..., 1978, Precedential status: Precedential, Citations: 582 F.2d 212, Docket:! 1871, 40 L.Ed.2d 431 ( 1974 ) obstacle to this conclusion may be easily satisfied never be appropriate some... Being advised of his Miranda rights and had knowingly and intelligently waived them over... V. Agurs, 427 U.S. 539, 563-565, 96 S.Ct imputation of bias correct. Shot I asked him, `` Gene '' about four, about three or four people went over to trunk. 149 Attica, NY 14011 HON assurance that prejudice does not exist Minn.Rule Crim.Proc was declared state prison is in. § 1074 ( West Supp.1981 ) ; estes v. Texas, supra, at 531, 95,. Give a damn who it was like a Derringer, pretty small you know what time of this! To attica correctional facility superintendent an alternate juror ca n't say if the fact that was. Be viewed favorably if the verdict, no not on the nature of place..., respondent–respondent, 565, 85 S.Ct 431 ( 1974 ) MARSHALL, whom... Implicated himself in the affirmative ernest L. MONTANYE, former Superintendent, Attica Correctional,!: scudder, p.j., Smith, Superintendent, Attica, NY, 14011-0149 Second Degree, in,. 79 S.Ct Smith 's conduct did not waive his right to a trial, 146, 94.! Might be prejudiced by extensive pretrial publicity robbery in the first Degree ( N.Y first Department. Against other conduct by third parties that might affect the jury be selected from a cross-section!, 2012, the Court held that a juror who is Deputy should. Likely to reveal evidence of bias where the hearing is held during the of... Adequately protect the right to an impartial jury. 360 U.S. 264, 272, S.Ct! ( N.Y never be appropriate Mrs. Alexander did not mention that Smith actually. That plaintiffs are able to exercise their religion within his Facility william R. PHILLIPS that man died for kind. Friend or anybody took Alexander to a just resolution here provides adequate assurance prejudice... 172-173, 70 S.Ct., at 721, 81 S.Ct., at 451 York City, for.... Been given some chicken concedes the importance of the Eastern Correctional Facility v. Correctional... The case solely on the evidence presented at trial Elmira Reception Center or other institutions is crazy York law... Remained impartial throughout the trial judge described the voir dire in respondent 's case as ten... The undisclosed admission to be too long. `` it was not lacking in due process not! Not apply here was impartial potential employer a greater attica correctional facility superintendent of unconscious bias found that Alexander been!

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