Madrigal v. Victim Comp. & Gov't Claims Bd.

6 Cal.App.5th 1108

212 Cal.Rptr.3d 60

Rafael MADRIGAL, Plaintiff and Appellant,

v.VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD, Defendant and Respondent.

B265105

Court of Appeal, Second District, Division 8, California.

Filed December 20, 2016

As Modified January 5, 2017

Justin Brooks, Alexander Simpson and Raquel Cohen for Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Larenda R. Delaini and Kenneth N. Sokoler, Deputy Attorneys General, for Plaintiff and Respondent.

RUBIN, J.

Rafael Madrigal appeals from the judgment upholding the decision of the state's Victim Compensation and Government Claims Board (Board) to deny Madrigal compensation for wrongful imprisonment after the Board found that Madrigal had not proven he was factually innocent of attempted murder. We hold that the Board erred when it refused to be bound by the findings in a federal district court's order granting Madrigal's habeas corpus petition due to ineffective assistance of counsel. Because it was reasonably probable that consideration of those findings would have caused the Board to award compensation, we reverse and remand for a new hearing before the Board.

FACTS AND PROCEDURAL HISTORY

Rafael Madrigal was convicted in 2003 of attempted murder after eyewitnesses identified him as the passenger in a car who, after approaching rival gang members, fired a gunshot that struck and wounded Ricardo Aguilera. As is usual with such cases, there were conflicts, inconsistencies, and weaknesses in the witnesses' testimony.

Madrigal contended he had been at work when the incident occurred. Steve Finley, who was the floor supervisor where Madrigal worked, testified that Madrigal had been at work that day until 3:30 p.m., while the shooting took place about 45 minutes away between 3:00 p.m. and 4:00 p.m. However, Finley admitted that the laminating machine Madrigal operated shut down at 1:50 p.m. that day, that Madrigal could have left up to an hour early without his knowledge, and that instead of Madrigal punching out his time card at 3:30 p.m. on the day of the shooting, Finley recorded that time the next day after talking to Madrigal's brother Victor, who also worked at the plant.¹

In September 2009, a judge of the United States District Court accepted the findings of a magistrate judge and granted Madrigal's petition for writ of habeas corpus on the ground that he received ineffective assistance of counsel at his 2003 trial. The deficiencies fell into four categories.

First, defense counsel's failure to introduce a secretly recorded jailhouse conversation of Madrigal's co-defendant Olivares, who drove the car involved in the shooting. In that conversation, Olivares tells his girlfriend that he cautioned Madrigal about having his brother, Victor, ask around about who the real shooter might have been, and suggests that Madrigal knew nothing about who committed the shooting.

Second, defense counsel's failure to call Madrigal as a witness after telling the jury during opening statement that Madrigal would testify. Madrigal would have told the jury about his alibi defense and his belief that someone named Mendoza had been the shooter.

Third, defense counsel's failure to investigate and present alibi testimony from Robert Howard, who was Madrigal's ultimate supervisor, and who claimed that Madrigal had been at work until 3:00 p.m. on the day of the shooting because only Madrigal could operate a certain machine and Howard would have known if the machine had been shut down early.

Fourth, defense counsel's failure to call Madrigal's brother, Victor, as a witness, because Victor would have testified that he was at work with Madrigal when the shooting occurred, and otherwise would have corroborated Madrigal's alibi.

The magistrate found that Madrigal had been prejudiced by counsel's omissions because, had the missing evidence and omitted witnesses been presented, a different result was reasonably probable. In the context of these ultimate findings, the magistrate made several characterizations about the evidence. The Olivares jailhouse audiotape was "highly reliable and exculpatory evidence in support of [an alibi] defense." The tapes were "compelling evidence to bolster" Madrigal's claim that Mendoza had been the shooter. The prosecution's case was weak. Supervisor Howard's testimony would have provided "a complete alibi and undermined the eyewitness" identifications. Howard's testimony was "certain and unequivocal" and he would have "made a very strong witness" because "his testimony was clear, straightforward, and credible," and would have provided strong support for Madrigal's alibi defense. Victor's testimony would have been corroborative of, and was consistent with, that of floor supervisor Finley. The eyewitness testimony about the shooting was questionable.

One month later, the magistrate issued an order granting Madrigal release on bail pending the prosecutor's decision whether to retry Madrigal. Among the factors the magistrate considered was the possibility of irreparable harm to Madrigal should bail be denied. In finding that such harm was likely, the magistrate noted that there was "compelling evidence in this case that [Madrigal] is actually innocent of the crime for which he was convicted. Based upon the alibi evidence that was presented at the evidentiary hearing, it would have been impossible for [Madrigal] to be at the scene of the crime at the time it was committed. The secretly recorded jailhouse tape of the conversation between [codefendant] Olivares [and his girlfriend] demonstrates that [Madrigal] was not involved in and did not know who committed the offense for which he was charged and convicted. The eyewitness identifications were conflicting and unreliable. Finally, there is evidence of a favorable polygraph examination in 2006, conducted by a 23-year veteran of the F.B.I."

In July 2011, the superior court dismissed the still-pending criminal case against Madrigal after the prosecution announced it was not ready to retry him. In September 2011, Madrigal filed a complaint with the Board seeking compensation for the time he was jailed because he was innocent of the charges. (Pen. Code, § 4900, et seq. )

Following a contested evidentiary hearing, a hearing officer issued a proposed decision in November 2013 denying Madrigal's claim after finding that Madrigal had not proven his innocence by a preponderance of the evidence. Before the Board could act on the proposed decision, new legislation took effect in January 2014 that made binding certain factual findings from habeas corpus and other rulings that went to the issue of a claimant's actual innocence. ²

The hearing officer then issued a new proposed decision, ostensibly in light of the changes to the law, concluding that: (1) the habeas corpus findings were not the type that became binding under the new provisions; and (2) Madrigal still failed to prove his actual innocence. The Board adopted those findings by a 2-1 decision in March 2014 and denied Madrigal's claim.

Madrigal then brought an administrative mandate action against the Board. The trial court found that the Board's decision was legally and factually correct and entered judgment for the Board.³

STANDARD OF REVIEW

The parties agree that, because Madrigal did not have a fundamental vested right to compensation from the Board, we review the Board's decision to determine whether it is supported by substantial evidence. (Tennison v. California Victim Compensation and Government Claims Board (2007) 152 Cal.App.4th 1164, 1182, 62 Cal.Rptr.3d 88.) However, to the extent we construe statutory provisions, an issue of law is presented that we review by applying the rules of statutory interpretation. (Harbor Regional Center v. Office of Administrative Hearings (2012) 210 Cal.App.4th 293, 304, 147 Cal.Rptr.3d 884.)

The fundamental rule of statutory construction is to ascertain the Legislature's intent in order to give effect to the purpose of the law. (Pasadena Metro Blue Line Construction Authority v. Pacific Bel l Telephone Co. (2006) 140 Cal.App.4th 658, 663–664, 44 Cal.Rptr.3d 556 (Pasadena Metro Blue Line ).) We first examine the words of the statute and try to give effect to the usual, ordinary import of the language while not rendering any language surplusage. The words must be construed in context and in light of the statute's obvious nature and purpose. The terms of the statute must be given a reasonable and commonsense interpretation that is consistent with the Legislature's apparent purpose and intention. (Id. at p. 664, 44 Cal.Rptr.3d 556.) Our interpretation should be practical, not technical, and should also result in wise policy, not mischief or absurdity. (Ibid. ) We do not interpret statutes in isolation. Instead, we read every statute with reference to the entire scheme of law of which it is a part in order to harmonize the whole. (20th Century Ins. Co. v. Superior Court (2001) 90 Cal.App.4th 1247, 1275, 109 Cal.Rptr.2d 611.)

If the statutory language is clear, we should not change it to accomplish a purpose that does not appear on the face of the statute or from its legislative history. (Pasadena Metro Blue Line, supra, 140 Cal.App.4th at p. 664, 44 Cal.Rptr.3d 556.) If there is more than one reasonable interpretation of a statute, then it is ambiguous. (Joannou v. City of Rancho Palos Verdes (2013) 219 Cal.App.4th 746, 752, 162 Cal.Rptr.3d 158 (Joannou ).) If so, we turn to secondary rules of construction, including maxims of construction, the legislative history, and the wider historical circumstances of a statute's enactment. (Ibid. )

DISCUSSION

1. The Law Applicable to Compensation Claims for the Wrongly Convicted

Effective January 1, 2014, statutes governing compensation for wrongly convicted persons were either enacted or amended to provide that under some circumstances, findings made as part of habeas corpus and other...