Heidgen v. Graham

420 F.Supp.3d 1

Martin HEIDGEN, Petitioner,

v.Harold GRAHAM, Superintendent Auburn Correctional Facility and NYS DOCCS, Respondent.

15-CV-0819 (LDH)

United States District Court, E.D. New York.

Signed January 22, 2019

Jillian Spitzer Harrington, Monroe Township, NJ, for Petitioner.

Judith R. Sternberg, Nassau County District Attorney's Office, Mineola, NY, for Respondent.

MEMORANDUM OF DECISION AND ORDER

LaSHANN DeARCY HALL, United States District Judge

Petitioner Martin Heidgen moves pursuant to 28 U.S.C. § 2254 to vacate his conviction. (Petition for Writ of Habeas Corpus ("Pet."), ECF No. 1.) Petitioner's claims arise from a judgment of conviction following a jury trial in the Supreme Court of New York State, Nassau County, on two counts of murder in the second degree, three counts of assault in the first degree, and two counts of operating a vehicle while under the influence of alcohol. (Respondent's Affidavit in Opposition ("Resp. Aff.") at 21, ECF No. 10.)

BACKGROUND

I. Facts Elicited at Trial

In the late afternoon of July 1, 2005, Petitioner spent several hours in a Manhattan bar with friends where Petitioner consumed at least six 12-ounce bottles of beer. (Trial Transcript ("Tr.") at 1419:7–14, 1420:11–20, 1421:13–19, ECF No. 10.) Later that night, Petitioner attended a friend's party in Merrick, Long Island. (Id. at 1460:5–10, 1461:17–18.) He arrived at the party shortly before midnight. (Id. at 1461:19–20.) While at the party, Petitioner was observed drinking several alcoholic beverages, dancing, and playing a drinking game. (Id. at 1462:19–23, 1463:16–24.) Petitioner was intoxicated although he was not observed stumbling or staggering. (Id. at 1463:25–1464:4, 1465:14–20, 1787:14–23.) Petitioner was articulate and did not slur his words when he spoke. (Id. at 1477:10–15.) Petitioner remained at the party for between one and a half and two hours and did not say goodbye to anyone before he left. (Id. at 1462:8–15, 1789:6–9, 1789:16–18.)

In the early morning of July 2, 2005, Petitioner was driving his pickup truck north in the southbound lanes of the Meadowbrook State Parkway when he collided head-on with a limousine driven by Stanley Rabinowitz who was driving south in the southbound lanes. (Resp. Aff. at ii.) Fifty-nine-year-old Rabinowitz was killed on impact as was one of his passengers, seven-year-old Katherine Flynn, who was decapitated in the collision. (Id. at 2.) Rabinowitz's other passengers also suffered grievous injuries. (Id. at ii.) In the minutes leading up to and at the time of the crash, a number of witnesses observed Petitioner's pickup truck. (Id. at 5.)

A. Other Drivers

Elizabeth Serwin was on her way home from work at approximately 2:00 a.m. on July 2, 2005. (Tr. at 1488:22–1489:5.) She was driving a 1994 Toyota Corolla southbound in the center lane of the Meadowbrook Parkway just south of Merrick Road when she noticed a set of headlights from a vehicle headed towards her. (Id. at 1489:25–1490:6.) When Serwin realized that the vehicle was driving in the same lane as she, Serwin veered to the right lane and then pulled over onto the shoulder. (Id. at 1490:23–1491:1.) As Serwin came to a complete stop on the shoulder, she observed a large pickup truck driving northbound, then beeped her horn three times as the vehicle passed her. (Id. at 1491:3–5.) She noticed that two other cars were also pulled over on the shoulder behind her. (Id. at 1491:17–18.) As Serwin continued to watch the passing pickup truck, she observed that it remained in the center lane, stayed within its markings, and never weaved or swerved. (Id. at 1492:8–1493:2.) Serwin estimated that the pickup truck was driving seventy to seventy-five miles per hour. (Id. at 1494:1.) After less than a minute on the shoulder, Serwin pulled back onto the highway and called 911 to report what she had witnessed. (Id. at 1494:2–1495:3.)

Joseph Caruso was heading to his girlfriend's house and was driving south in the southbound center lane on the Meadowbrook Parkway at approximately 2:00 a.m. on July 2, 2005. (Id. at 1538:1–7, 1540:15–16.) Caruso was at the Merrick Road overpass when he saw headlights coming towards him from a vehicle in the center lane. (Id. at 1539:20–1540:11.) Caruso "drifted" over to the left and the vehicle also moved to the left. (Id. at 1540:23–25, 1543:23-24.) Caruso moved back into the center lane and then eventually got into the right lane. (Id. at 1540:25–1541:1–5.) Caruso observed the vehicle to be a pickup truck. (Id. at 1541:17.) Caruso also observed that the pickup truck never reduced speed and never made any erratic speed changes. (Id. at 1544:5–13.) He estimated that the pickup truck was driving between seventy and eighty miles per hour. (Id. at 1542:12–17.)

Matthew Sussingham was on his way home driving south in the right lane of the Meadowbrook Parkway on the morning of July 2, 2005, when he observed a pickup truck driving northbound in the center lane of the southbound lanes. (Id. at 1690:2–13, 1692:14–22.) The pickup truck maintained a steady speed, did not move into Sussingham's lane, and never veered from its lane as it passed him. (Id. at 1694:25–1695:2, 1697:21–1698:7.)

Stephen Weber was on his way home riding his motorcycle in the left northbound lane of the Meadowbrook Parkway around 2:00 a.m. on July 2, 2005. (Id. at 1572:6–9.) As he drove on the entrance ramp, he noticed a pickup truck ahead of him on the opposite side of the highway divider, driving northbound in the southbound lanes in the same direction as Weber's motorcycle. (Id. at 1577:24–1578:1.) Weber pulled up next to the pickup truck and kept pace with it. (Id. at 1581:10–24.) Both Weber and the pickup truck were driving at approximately seventy miles per hour. (Id. at 1582:23–1583:9.) Weber lost sight of the pickup truck where bushes began to separate the northbound and the southbound lanes. (Id. at 1589:18–20.)

Steed Davidson was on his way home driving south in the center southbound lane of the Meadowbrook Parkway at approximately 2 a.m. on July 2, 2005. (Id. at 1717:21–25, 1719:1–1720:20.) He was passed by a limousine which was driving in the left lane. (Id. at 1720:22–1721:8.) Davidson estimated that the limousine was driving at about fifty-five to sixty miles per hour, only five miles faster than the speed Davidson was going. (Id. at 1721:9–23.) As the limousine passed Davidson, he saw a vehicle in the left lane coming towards the limousine. (Id. at 1722:1–1723:9.) Before Davidson could react, the vehicle collided head on with the limousine. (Id. at 1723:12–15.) Following the crash, the limousine collided with Davidson's car. (Id. at 1726:4–6.)

B. Limousine Crash Victims

Christopher Tangney, Denise Tangney, their daughter Jennifer Flynn, son-in-law Neil Flynn, and granddaughters Katie Flynn and Grace Flynn were all passengers in the limousine, driven by Rabinowitz. (Id. at 390:7–16.) The Tangneys each testified that as the limousine drove on the Meadowbrook Parkway at approximately 2 a.m. on July 2, 2005, they were disturbed to see a light coming from an oncoming vehicle in the distance. (Id. at 392:6–15, 419:24–420:2, 420:11–23.) Christopher Tangney testified that he observed a vehicle approaching the limousine in the center lane while the limousine was in the left southbound lane. (Id. at 421:14–15.) He stated that shortly before the crash, the pickup truck changed lanes and moved from the center lane to the left lane where the limousine was driving. (Id. at 421:15–17.) As Rabinowitz attempted to move over, Petitioner's pickup truck appeared to move in the same direction and within two seconds the pickup truck crashed into the limousine. (Id. at 421:18–23.)

C. Law Enforcement Officers at the Scene

Freeport Police Officer Christopher Pandolfo was at the scene of the crash and he found Petitioner behind the wheel of his pickup truck with the dashboard "pushed up." (Id. at 535:16–19.) Petitioner was initially unresponsive to Officer Pandolfo's questions until Officer Pandolfo grabbed Petitioner by the shoulder to get his attention. (Id. at 536:20–537:3.) When Officer Pandolfo asked Petitioner his name and what happened, Petitioner moaned, mumbled, slurred his words, and gave the response: "I don't know where I am. What happened?" (Id. at 537:5–6.) Petitioner was conscious, but as Officer Pandolfo testified, Petitioner "was completely out of it" and given his condition, it was "pointless" to respond to Petitioner's question of what happened. (Id. at 565:9–18.) Officer Pandolfo also smelled liquor on Petitioner and observed that his eyes were glassy. (Id. at 537:7–14.)

Freeport Police Officer Timothy Nolan was also at the scene and assisted with removing Petitioner from the pickup truck after the crash. (Id. at 579:4–5.) Officer Nolan and other officers removed Petitioner from the pickup truck, placed him on a backboard, and gave him minor medical attention. (Id. at 579:9–12.) While helping to carry Petitioner to an awaiting ambulance, Officer Nolan asked Petitioner if he was okay and whether he was in pain. Petitioner did not respond to any of these questions. (Id. at 580:15–18.) Officer Nolan again asked Petitioner if he was okay, and again there was no response. (Id. at 580:19–20.) When officers again asked Petitioner his name, Petitioner began to respond by mumbling and severely slurring his words. (Id. at 580:20–22.) Petitioner was unintelligible until Officer Nolan knelt down beside Petitioner and could hear Petitioner saying through slurred speech that his name was Marty. (Id. at 580:24–581:3.)

New York State Trooper Daniel O'Hare arrived on the crash scene and was informed by another officer that a serious crash had occurred and that there were fatalities involved. (Id. at 601:2–4.) Trooper O'Hare was also informed that there was a possible DWI involved so he went to his police cruiser to retrieve a blood kit. (Id. at 601:4–12.) Trooper O'Hare left the scene with Petitioner and a medical technician in an ambulance to go to the...