Lalonde v. Thomas

ANTHONY LALONDE, Petitioner, v. SUPERINTENDENT THOMAS, Superintendent, Five Points Correctional Facility, Respondent.

No. 9:20-CV-1561 (GTS)

United States District Court, N.D. New York

May 2, 2022

ANTHONY LALONDE Petitioner pro se

HON LETITIA JAMES Attorney for Respondent New York State Attorney General

PRISCILLA I. STEWARD, ESQ. Ass't Attorney General

DECISION AND ORDER

GLENN T. SUDDABY, CHIEF UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

Pro se petitioner Anthony Lalonde ("Lalonde" or "petitioner") seeks federal habeas corpus relief pursuant to 28 U.S.C. § 2254. Dkt. No. 1 ("Pet."). Respondent ("Thomas" or "respondent") was directed to answer the petition. Dkt. No. 7. Respondent opposed the petition. Dkt. No. 16, Answer and Memorandum of Law in Opposition ("Resp. Memo."); Dkt. No. 17, State Court Records. Petitioner has filed a traverse. Dkt. No. 21 ("Traverse"). For the reasons that follow, Lalonde's habeas petition is denied and dismissed.

II. RELEVANT BACKGROUND

The following underlying facts were summarized by the New York State Appellate Division:

On the evening of November 18, 2010, 83-year-old Russell Lawton (hereinafter the victim) and his 67-year-old roommate, Guy Bartlett, were eating pizza in the kitchen of their shared second-floor apartment at 930 Ford Street in the City of Ogdensburg, St. Lawrence County, when three individuals wearing masks, dark clothes and gloves entered their residence and demanded that the victim turn over his money. While attempting to empty the victim's pockets, one of the intruders tipped over the chair in which the victim was sitting, knocking him to the floor. Bartlett then scuffled with one of the intruders while attempting to grab hold of a wooden "stick" that the intruders had brought with them and he was also knocked to the ground. Two of the intruders then picked Bartlett up, threw him on top of the victim and then left the apartment. Bartlett then checked the victim's pulse and, not finding one, called 911. The victim was subsequently administered CPR and thereafter brought to the hospital where he was pronounced dead a short time later.

People v. Lalonde, 74 N.Y.S.3d 638, 641 (App. Div. 3^rd Dep't 2018).

A. Investigation

On March 21, 2011, Victor Gardner ("Gardner") was brought to the Ogdensburg Police Department for questioning with regard to his alleged involvement in an unrelated burglary.

Lalonde, 74 N.Y.S.3d at 648, n. 4. During the interview, Gardner claimed to have information about the Lawton murder and agreed to wear a wire in order to obtain statements from those individuals that he alleged were involved. Id. On March 21, 2011, Detective Sergeant Burns ("Det. Burns") prepared a "Supplemental Report" with respect to the interview. In the report, Burns noted Gardner, "said if he did this he could solve this murder case in Oburg [sic] right now." SR at 139.^[1] Burns also commented that Gardner, "wants to see his kids and stuff. I said you said something about a murder case. He said that he could guarantee that case, he was getting nervous about going to jail. He then went on to talk about the murder case and how he knew about it." Id. at 140. Burns reported that he went, with Gardner, to meet with Rob Wescott at OPD. Id. Burns wrote:

While at PD he gave a statement to Det Westcott and I left him there with the understanding he was going to wear a wire and get the three people he named to admit they did a murder. I made it clear to him at the PD that if he didn't do what he said that he was going to be in trouble that I was not going to see what we could do about the Burglary charge and he would be charged with that. He said he understood and that he was willing to get all three of them to talk about the murder while wearing a wire.

SR at 140.

On August 3, 2011, Gardner appeared in court for a plea hearing with respect to "a number of charged cases." SR at 108. Gardner was represented by Attorney Heather Dona of the Conflict Defender's Office and Assistant District Attorney ("ADA") Amanda Nissen appeared on behalf of the prosecution. Id. at 104. As part of a plea agreement, Gardner agreed to cooperate with the People with regard to the Lawton murder investigation. Lalonde, 74 N.Y.S.3d at 646.

B. Initial Proceedings

On June 19, 2012, petitioner appeared in St. Lawrence County Court for arraignment on a two-count indictment charging him, and co-defendants Michael Thorpe ("Thorpe") and Michael Durand ("Durand"), with robbery in the first degree and murder in the second degree for events that occurred on November 18, 2010. SR at 53-54. During the arraignment, the court assigned Amy L. Dona, Esq. ("Attorney Dona") of the Conflict Defender's Office to represent petitioner. SR at 70. After the arraignment, Attorney Dona sent a letter advising the county court that her office represented Gardner while he was cooperating with law enforcement. Id. Attorney Dona requested that the court assigned a new attorney for petitioner "due to the conflict of interest." Id. The court denied to Attorney Dona's request and reasoned, "[y]our knowledge of Mr. Gardner's cooperation would appear to be an advantage to [petitioner]." SR at 1362.

On November 30, 2012, Attorney Dona filed an Order to Show Cause seeking to have her office relieved of its duties as attorney of record for the petitioner. SR at 71-79. Attorney Dona explained that, upon receipt of discovery from the District Attorney's Office, she became aware that her office represented 17 individuals named in the discovery materials, including Gardner. Id. On December 7, 2012, the court held a hearing with respect to the motion, with petitioner present. Id. at 899-908. The court relieved Attorney Dona from representing petitioner. Id.

B. Trial

A joint jury trial was held in April 2013. T. at 1. The prosecution called Adam Wells ("Wells"), petitioner's brother-in-law. T at 888. Wells testified that Mike Lalonde called him on November 18, 2010 and "asked if [he] wanted to go and do a job with my brother-in-law." Id. at 890. Mike asked Wells to bring his ax handle so that Mike could use it to split wood. Id. at 891. Wells brought the ax and gave it to Christine Lalonde. Id. Wells testified about a conversation that occurred related to a robbery. T at 888-893. Wells, Victor Gardner, Brandi Gardner, Mike Lalonde, Christine Lalonde, and petitioner took part in the conversation that was held at Mike Lalonde's home. Id. Wells did not participate in the robbery and learned of the murder the next day. Id. at 895-900. Approximately one month later, Wells asked petitioner "where the ax handle went" and petitioner responded, "it's gone. It never will be found." Id. at 902.

During Wells' testimony, counsel and the court engaged in a side-bar discussion. T. at 926. The prosecution stated:

As the Court is aware and the defense counsels probably not, Mr. Gardner, when he entered his plea, one of his conditions was that he give up a great deal of information on uncharged crimes. Several of those crimes were committed based on the information that Mr. Gardner provided with Mr. Lalonde.

T at 929.

The prosecution called Harlow Perry as a witness and introduced into evidence a March 2011 written statement by Harlow Perry to the police. T at 2122. In the statement, Perry stated that petitioner told him the "cops had him in and were going to get him for old man Gene's murder. He said that they had his DNA but that he had it covered, because he watched Crime Files." Id. at 2122-2123.

The prosecution called Victor Gardner. Gardner testified that, on the evening of November 18, 2010, petitioner asked him if he wanted to participate in a robbery. T at 1077. The conversation took place in petitioner's bedroom^[2] with Samantha Mashaw and Andy Wells present. Id. at 1077-1079. Gardner also overheard telephone conversations between petitioner and Thorpe related to the robbery. Id. at 1085. Gardner decided not to participate and watched petitioner and Mashaw leave the house in Mashaw's vehicle. T at 1087. Sometime later, petitioner's brother, M. Lalonde and Gardner drove to Denny Street. Id. at 1089. Gardner saw Mashaw's car and thought, "oh, they're really doing it" and then drove back to M. Lalonde's house. Id. 1091. When they arrived, M. Lalonde received a telephone call, so they got back into the vehicle to drive to New York Avenue to pick up petitioner, Mike Thorpe and Mike Durand. T at 1092-1093. M. Lalonde pulled into a driveway, went into a house, and came out with petitioner, Mike Thorpe and Mike Durand. Id. at 1094. Gardner described petitioner and Thorpe as "panicky" and testified that they said "they didn't end up doing it." Id. at 1095-1096. M. Lalonde drove to Thorpe's house where Thorpe and Durand got out of the vehicle. T at 1098. Gardner could see the victim's house "down the road" and saw "cops, ambulance, and fire department." Id. at 1097. M. Lalonde commented on the police presence and petitioner stated, "like, yo, we didn't do it, somebody did it before us." Id. at 1099.

Gardner, M. Lalonde, and petitioner drove to Black Bridge and stopped the vehicle in the middle of the bridge. T at 1102. Petitioner exited the vehicle and took a hat, two wallets, and one glove and threw them over the bridge. Id. at 1102-1103. Petitioner returned to the vehicle and they drove to M. Lalonde's house. Id. at 1103. When they pulled into the driveway, they were told that Lawton died. Id. at 1104. Later that night, petitioner told Gardner they entered the apartment, the victim started struggling, petitioner put him in a "headlock" and another person attempted to empty his pockets. T at 1111. Petitioner admitted "they didn't get much" and when they ran out, someone dropped a glove. Id.

The next day, petitioner told Gardner that he...