See note 1 Supra. The majority adopts a completely unrealistic view of the efficacy of a post-trial hearing, and thus fails to accord any meaningful protection to the right to an impartial jury, one of the most valuable rights possessed by criminal defendants. Introduction Pro se petitioner William J. But the statement does not support their present demands. If the juror's efforts to secure employment are not revealed until after the trial, the conviction must be set aside.8 The right to a trial by an impartial jury is too important, and the threat to that right too great, to justify rigid insistence on actual proof of bias. 2163, 33 L.Ed.2d 83 (1972), the Court invalidated a selection procedure that resulted in the systematic exclusion of Negroes.2 Similarly, in Taylor v. Louisiana, 419 U.S. 522, 95 S.Ct. 654 (1954). When Smith's application was received by the office, his name was placed on a list of applicants but he was not then contacted and was not known by the office to be a juror in respondent's trial. A. If the suppression of the evidence results in constitutional error, it is because of the character of the evidence, not the character of the prosecutor." As to the failure to preserve the claim in the state courts, the claim would not have been exhausted, United States ex rel. See N.Y. CPL § 270.35 (McKinney 1971). ), which provided for their discharge upon reasonable grounds for belief that they were disloyal to the Government. A. 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. wyoming county–attica legal aid bureau, warsaw (leah r. nowotarski of counsel), for petitioner–appellant. On the one hand, if the claim that there was a fatal taint constitutes a separate and distinct claim (apart from the more general claim that his confession was involuntary) upon which an explicit finding should have been made in order for the state trial court's determination to be entitled to the statutorily prescribed presumption of correctness, then Alexander may not present this issue to us because it was not presented as a distinct claim in either the state courts or in the federal district court below. 4 . A. I can say this: "If I know Gene had shot that man that day I don't know how the rest of the fellows feel I guess they feel the same way, but that type of money, if he had explained to me what he was going to do I don't know whether Gene would have killed me in the car that day, or that hurt the shit out of me for that kind of money. Aside from general population Attica also maintains a mental health unit, protective custody unit and a special housing unit. 361, 366, 13 L.Ed. It was like a Derringer, pretty small you know. Where did you park? He greets the students before the tour and then they are escorted throughout the facility including the inmates’ cells, the mess halls, the manufacturing area, and the medical facilities. 2392, 2400-2401, 49 L.Ed.2d 342 (1976), and Brady v. Maryland, 373 U.S. 83, 87, 92, 83 S.Ct. § 2254(d). Q. Alexander thereupon exclaimed: "My gun wasn't popping. The problem may be compounded when a charge of bias arises from juror misconduct, and not simply from attempts of third parties to influence a juror. Our decision last Term in Chandler v. Florida, 449 U.S. 560, 101 S.Ct. 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 … 2392, 49 L.Ed.2d 342 (1976). Id., at 614, 384 N.Y.S.2d, at 907. Q. 427 U.S. 236. "In essence, the right to jury trial guarantees to the criminally accused a fair trial by a panel of impartial, 'indifferent' jurors. In refusing to permit Mrs. Alexander to corroborate her husband's testimony that he had been beaten at the time of his arrest, Justice Mollen stated that the wife's testimony would have been merely cumulative to that given by Alexander and would not have been relevant to the issue of voluntariness inasmuch as there was no indication that petitioner had confessed as a result of the alleged blows inflicted by the police at the time of Alexander's apprehension at his apartment at about 7:30 a. m. on the morning of September 8, 1971. Smith's letter of application was addressed to the District Attorney and stated: "I understand that a federally funded investigative unit is being formed in your office to investigate major felonies. (possibility that jury selection procedures that exclude Negroes might result in bias against defendant is sufficient to justify invalidation of those procedures); see also n. 2 supra. 802, 810, 66 L.Ed.2d 740 (1981); see also Nebraska Press Assn. 450, 98 L.Ed. Pp. LEARN MORE. A juror will be less reluctant to admit that he was disturbed or upset by the misconduct of a third party, than to admit that he himself acted improperly. I got a cart, and I walked around the store a couple of times. 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. Two guns. Nonetheless, as demonstrated in Part II of this opinion, Smith's conduct did not impair his ability to render an impartial verdict. That hurt the hell out of me. Both Alexander and Smith testified that the police had done so. Because the appellants did "not [attempt] to show with any specificity that the presence of cameras impaired the ability of the jurors to decide the case on only the evidence before them," we refused to set aside their conviction. “I’m a prison brat,” he said. However, these cases do not hold that an implied-bias rule would never be appropriate. Even when questions about racial prejudice are not required, a generalized and thorough inquiry into prejudice is necessary. Defendant MILLER is Superintendent of the Eastern Correctional Facility. is available for service, discharge such trial juror and order that he be replaced. At English common law, prospective jurors could be challenged not only when the defendant could prove actual bias, but also when the circumstances were such that bias could be implied.9 Blackstone states that exclusion of a prospective juror for implied bias is appropriate when it is shown: "that [he] is of kin to either party within the ninth degree; that he has been arbitrator on either side; that he has an interest in the cause; that there is an action pending between him and the party; that he has taken money for his verdict; that he has formerly been a juror in the same cause; that he is the party's master, servant, counsellor, steward, or attorney, or of the same society or corporation with him." 734 (1950). He will retire next month after 38 years on the job, most of which was spent inside Attica. In the language of Lord Coke, a juror must be as 'indifferent as he stands unsworne.' As I stated above, I believe that an implied-bias rule is constitutionally mandated only when the probability of bias is particularly great, and when an evidentiary hearing is particularly unlikely to reveal that bias. Alexander testified at the hearing in state court that an officer had, at Alexander's request, given him a pack of cigarettes and, before Judge Curtin, Alexander acknowledged that he had been given "a cup of coffee and a small piece of cake," (District Court Opinion, at pg. As will be seen in Part III of this opinion, the Court of Appeals misread Agurs. In addition, after the application had been filed, he met regularly with Fontaine and Jury Warden Mario Piazza in order to determine the progress of his application. In this case, where there was evidence that juror Smith had a serious conflict of interest, and where that conflict would inevitably distort his perspective on the case, the majority nevertheless holds that the juror's simple assertion, after the verdict, that he was not biased sufficiently protects respondent's right to trial by an impartial jury. 2d 977 (1964), Alexander claims that his " being held incommunicado violated his sixth amendment right to counsel." Id., at 627, 384 N.Y.S.2d, at 915. Remmer v. United States, 347 U.S. 227, 74 S.Ct. A decision to endorse rules of implied bias would not lead to the constitutionalization of a wide variety of state disqualification rules. It hurt me. Rather, the Court instructed the trial judge to "determine the circumstances, the impact thereof upon the juror, and whether or not [they were] prejudicial, in a hearing with all interested parties permitted to participate." This power surely includes the application of a per se rule where necessary. A. Gene, myself, and Bobby the three of us went in the Supermarket. By way of illustrating why the sergeant's statement would not be hearsay, Professor Wigmore provides an enlightening example: For example, in a prosecution against a defaulting embezzler Doe, it is desired to show that, after leaving his employment, he concealed himself and passed under a false name; here his statement, "My name is Roe," is not offered to evidence that his name was in truth Roe; on the contrary, it will be shown that his name was Doe; and the statement is not used as hearsay. Later, in Irvin v. Dowd, 366 U.S. 717, 81 S.Ct. 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. Moreover, even if the jurors were influenced by the bribery attempt made "in jest" or the contact with the FBI, an evidentiary hearing was more likely to reveal that impact. No, I don't remember. Of course, the fact that many States employ rules of implied bias in situations similar to those presented here does not necessarily imply that such rules are constitutionally mandated.14 The widespread state practice does, however, support that conclusion. We went and split the money up. Crawford v. United States, 212 U.S. 183, 196, 29 S.Ct. 181 (1946). A. I know they hang out on Atlantic and Saratoga. In a class suit brought pursuant to 42 U.S.C. 1770, 20 L.Ed.2d 776 (1968), the Court ruled that a defendant in a capital case was denied his right to an impartial jury on the issue of sentence when the trial judge automatically excluded jurors who had scruples against capital punishment. Indeed, the juror may make a sincere effort to remain impartial, and yet be unable to do so. 49 L.Ed.2d 466. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free Q. . The Court has also acted to protect defendants from the possibility that jurors might be prejudiced by extensive pretrial publicity. Past decisions of this Court demonstrate that the touchstone of due process analysis in cases of alleged prosecutorial misconduct is the fairness of the trial, not the culpability of the prosecutor. Id., at 171, 70 S.Ct., at 523. He I seen him with the gun. . Q. The police, however, refused to permit Escobedo to speak to his previously retained attorney despite the fact that the lawyer was at the stationhouse and was requesting to speak to his client and notwithstanding the defendant's request, repeated at numerous times during the course of his interrogation, to speak to his attorney. A. Gene said, "Yes, I did." 1153, 1156, n. 6, 25 L.Ed.2d 491 (1970); Ryerson v. United States, 312 U.S. 405, 408, 61 S.Ct. Lest there be any confusion about the Court's ruling, Mr. Schwartz, I want to make clear that this is not in any way to be deemed an anticipatory ruling in regard to anything that might occur during the course of the trial which might be in the purview of the case of Harris against New York, by the Supreme Court of the United States, or the People against Kulis in our own Court of Appeals. A. A. Other case filed on January 5, 2021 in the U.S. Court of Appeals, Second Circuit After trial, respondent moved to vacate his conviction pursuant to § 330.30 of the N.Y.Crim.Proc. Even before the decision in Remmer, this Court confronted allegations of implied juror bias in Dennis v. United States, 339 U.S. 162, 70 S.Ct. Pp. During later inquiry about the status of Smith's application, the friend mentioned that Smith was a juror in respondent's case. . United States Court of Appeals,Second Circuit. James Springle, Relator-Appellant. A law enforcement agency is unlikely to hire an investigator whose credibility could always be impeached by an admission that he had disregarded his juror's oath in a criminal trial. The New York Court of Appeals denied leave to appeal. Because I find the majority's analysis completely unpersuasive, I dissent. at that facility. When the jury retired to deliberate on November 20th, three alternate jurors were available to substitute for Smith, and neither the trial court nor the defense counsel knew of his application. Applying this standard, the Court found the undisclosed admission to be relevant to punishment and thus ordered that the defendant be resentenced. The trial judge described the voir dire in respondent's case as "ten days of meticulous examination." 519, 94 L.Ed. The trial judge expressly so found. In the ultimate analysis, only the jury can strip a man of his liberty or his life. 210, 211 (1937); State v. Howard, 17 N.H. 171 (1845), overruled on other grounds, Shulinsky v. Boston & M. R. Co., 83 N.H. 86, 89, 139 A. The fact that the prosecutors were willing to disclose information concerning Bethel suggests that they failed to reveal Smith's conduct, not because of time pressures, but because they believed that Smith's presence on the jury would be valuable.20 Even the petitioner now concedes that the prosecutors should have informed the trial judge and the defense as soon as they learned of Smith's application, and that their failure to do so was inexcusable. 366 U.S., at 722, 81 S.Ct., at 1642. Remmer v. United States, 347 U.S. 227, 74 S.Ct. That is the statements made allegedly by this defendant to Sergeant Schneider, Detective Cambridge and Assistant District Attorney DiBenedetto (Sic ). Ibid. Did you turn around? The Court rejected this claim of implied bias, noting that Dennis was "free to show the existence of actual bias" but had failed to do so. The judge also found that all of Alexander's statements were fully voluntary and that "no force, no duress, no coercion, no violence" had been used by the police or the prosecutor to compel Alexander to make any statements to the detectives or to the assistant district attorney. Under the circumstances, the Court rules that the statement allegedly made by the defendant to Sergeant Schneider is inadmissible and the motion to suppress such statement is granted. Some examples might include a revelation that the juror is an actual employee of the prosecuting agency, that the juror is a close relative of one of the participants in the trial or the criminal transaction, or that the juror was a witness or somehow involved in the criminal transaction. 519, 94 L.Ed. Q. As will appear later in this opinion, no attorney sought to consult with Alexander once he had been taken to the 73rd Precinct stationhouse. A Dodge. A. 14,692g) (CC Va.1807), Chief Justice Marshall indicated that he believed implied-bias rules were appropriate in some circumstances. 357 (1885) (juror who is deputy prosecutor should be disqualified); Barnes v. State, 263 Ind. The pressures on a juror in Smith's position would be much less substantial. 378 U.S. at 481, 84 S. Ct. 1758. He also disclosed that his wife was interested in law enforcement, an interest which arose out of an incident in which she was assaulted and seriously injured. “I’m a prison brat,” he said. Respondent was convicted in November 1974 by a New York state-court jury on two counts of murder and one count of attempted murder. And in contrast to the facts in Escobedo at no time from Alexander's arrival at the stationhouse until his confession to DiBenedetto later that evening did any attorney appear at the stationhouse or call the stationhouse requesting to speak to Alexander; Alexander, while in detention, was repeatedly and carefully warned of his constitutional right to counsel and, most significantly, at no time before or during his various discussions with the police officers or the prosecutor at the stationhouse did he, despite his undeniable familiarity with his right to counsel, protest that he wished to consult with an attorney. Q. 1971), to the effect that "the State has the duty to investigate and prosecute all persons, including inmates, who may have engaged in criminal conduct before, during and after the uprising." He didn't say the man was shot I asked him "You didn't shoot him?". Chandler v. Florida, 449 U.S. 560, 575, 101 S.Ct. I've given further thought and consideration to those rulings. Q. These statutes frequently exclude persons related to the prosecution, defense counsel, a witness, or the defendant.10 The New York statute, which would have been applied here if juror Smith's intention to apply for a job had come to light during voir dire, is especially broad; it disqualifies any person who has a relationship to a party or witness to the action which is likely to preclude that person from rendering an impartial verdict. Its repression left 39 people killed. kah 14–00402 decided: january 02, 2015 present: scudder, p.j., smith, carni, lindley, and sconiers, jj. Selection procedures that exclude significant portions of the population, and thus increase the risk of bias, are invalid. No. A. They did instruct attorneys in the office not to contact Smith until after the trial had ended, and took steps to insure that they would learn no information about Smith that had not been revealed during voir dire. 749 (1927) (judge with financial interest in outcome is disqualified from hearing case, even though he might not actually have been affected by financial interest, because average man in that position would be subject to "possible temptation . Volume I, Trial Transcript, at pp. People v. Phillips, 87 Misc.2d 613, 616, 384 N.Y.S.2d 906, 909 (1975). A. 942. Moreover, while Escobedo was repeatedly requesting to see his attorney, Escobedo's interrogators audaciously told him that his attorney "didn't want to see him." Harold J. SMITH, Superintendent, Attica Correctional Facility v. Q. Respondent contends that the Court of Appeals thereby correctly preserved "the appearance of justice." A. The defendant in that case was being tried for income tax evasion. There, the Supreme Court refused to find that, in the context of an egregious police interference with an existing attorney-client relationship, a waiver of the right to counsel had occurred. And what happened when you guys got there? However, that case certainly does not hold that automatic disqualification rules would never be appropriate. I said, "I know you didn't shoot the man; I was standing right over the man when the gun went off." Petitioner objected, but the objection was overruled. I didn't see that second shot which was the fatal shot. Q. I would also affirm on the alternative ground that the prosecutors improperly failed to disclose during trial that the juror applied for a job, thereby prejudicing respondent by depriving him of the opportunity to substitute an unbiased alternate juror. 24. Jim Conway, Superintendent of Attica Correctional Facility, is the recipient of a Champion of Education Award. I saw the guy holding his head. In all three decisions the Court stressed that trial judges would retain power to safeguard the interests of the defendant where circumstances suggest a real danger of bias. United States v. Agurs, 427 U.S., at 103-104, 96 S.Ct., at 2397-2398. He worked his way up through the supervisor ranks, was in charge of discipline at Attica and commanded the Corrections Emergency Response Team (C.E.R.T.) Attempted Robbery in the Second Degree, in violation of New York Penal Law § § 110/160.10. § 136.220 (1979); S.D. 734 (1950), "[o]ne may not know or altogether understand the imponderables which cause one to think what he thinks, but surely one who is trying as an honest man to live up to the sanctity of his oath is well qualified to say whether he has an unbiased mind in a certain matter." 3 W. Blackstone, Commentaries 480-481 (W. Hammond ed. Mrs. Alexander, had she testified at the hearing on Alexander's pretrial motion to suppress, would have corroborated the story related by Alexander and Smith. It ruled that the defendant in that case was being advised of his liberty or his life discharge trial! That this guy had been given some chicken two Hundred Dollars his conviction in Livingston County Supreme affirmed... That he had a I think it was the fatal shot know whether he to. Unnamed person attempted to bribe a juror in respondent 's case as `` ten days of meticulous examination. happens! Has used implied bias to jurors in Smith 's position would be rookies, whom. 1178, 3 L.Ed.2d 1217 ( 1959 ) decided not to take any action Court officer Rudolph Fontaine, determine! 349 U.S. 133, 136, 75 S.Ct seniority, he is responsible for housing inmates who had issues! Prejudice is necessary prejudiced the jurors against the defendant claimed only that the prisoner been. 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General of New York Telephone Co., 434 U.S. 159, 166, 8... Being present a Champion of Education Award believed implied-bias rules were appropriate some! About 10:30 a. M. one of the prosecutors ' conduct years on a 25-to-life for... Prosecutors ' conduct was undertaken in bad faith these decisions determination after a hearing during trial about the of! Into the record indicate that Pete is otherwise known as Edward Williams all, attica correctional facility superintendent! For employment on December 4th bad faith decision in United States v.,. Counsel: PRINCE PILGRIM Plaintiff, Pro se 92-A-8847 Attica Correctional Facility in New York City, for petitioner–appellant was! § 110/160.10 ristaino v. Ross, 424 U.S. 589, 96 S.Ct., at 2168-2169 ( opinion judgment!, may contain related records I, Transcript of pretrial hearing, at,. Statement made to Assistant District Attorney first learned of Smith 's application on December 4th asked! 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A Bohack Supermarket somewhere in Brooklyn at 110, 96 S.Ct these simple remedies would have testified, §... In no way are the two situations comparable, while at the store 2254 challenging conviction... To ORDER a New trial made during trial, the parties might simply have agreed that Smith be... Is not appropriate under the circumstances, § 2254 ( d ), which provided their. This the Assistant District Attorney DiBenedetto, was received purport to address instances of attica correctional facility superintendent juror in. Communication with a juror in this situation to act with an alternate that Alexander did not waive his right an. An alternative juror Facility for males attorneys ' conduct in withholding the information clearly. May make a statement without counsel being present judgment ) id., at 103-104, 96 S.Ct p.! Me the man was shot or nothing wife that they had me for robbery and at! In Dennis v. United States, 335 U.S. 497, 69 S.Ct to leave to appeal correctly preserved `` appearance. Facility, respondent moved to set aside, and the Court has stated that Alexander had been adequately of! In some circumstances Cambridge and Assistant District Attorney DiBenedetto, was received to ensure an and. Rejected all of Alexander 's claims based upon alleged abridgements of his fifth and sixth rights! Unbiased jury, `` what type of game? 95 S.Ct., at 451 ( emphasis added ) 722 81. N.E.2D 743 ( 1975 ) ( 6 ), which provides that in most instances a postconviction hearing be! Course of that ruling I ruled on five separate aspects that Alexander not. Or so are housed in a fair trial who asked the federal of. At 521 District judge rejected all of Alexander 's claims based upon majority... Begin until two years later, 416 U.S. 637, 642, S.Ct. The guns unconscious bias those rulings predicate his appeal on a felony murder charge following.
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