331402 v. Warden (2013)

MEMORANDUM OF DECISION

The petitioner, Prince Jones, brings this petition for a writ of habeas corpus claiming that he was coerced into pleading guilty to murder by his attorneys, coerced to confess to the crime by police, lacked capacity to enter his guilty plea, that his attorneys were ineffective and that he is actually innocent of the offense.   The court finds the issues for the respondent and denies the petition.

The petitioner was charged with murder and capital felony in connection with the death of his girlfriend's one-year-old son.   On March 20, 2008, it was reported on the record that the parties had reached a plea agreement pursuant to which the state would file substitute information charging the petitioner with murder and the defendant would serve forty-five years.   The petitioner accepted the state's offer and on that day pleaded nolo contendre and was canvassed by the court.   At his sentencing on July 2, 2008, the petitioner on his own asked the court to withdraw his plea claiming that he was under medication when the plea was entered.   The petitioner's attorneys did not address the issue when asked by the court.   The court denied the motion and the petitioner was sentenced to forty-five years incarceration consistent with the plea agreement.   The petitioner did not appeal his conviction.

The petitioner brought this petition for a writ of habeas corpus on July 12, 2010.   In his second amended petition, the petitioner claims that (1) he lacked capacity when he entered his plea because he was taking medications for depression including Seroquel, Zantac and Effexor;  (2) he was coerced by his attorneys to plead guilty;  (3) his attorneys were ineffective for failing to discuss a defense and coercing him to plead guilty;  (4) he is actually innocent;  and (5) that police coerced him into confessing to the crime.

A trial was held on this case on March 25, 2013, during which the petitioner introduced two witnesses on these claims, himself and an attorney expert.   The respondent introduced the testimony of one of the petitioner's attorneys, John Cizik.   Both parties filed post-trial briefs.

“[I]n a habeas corpus proceeding, the petitioner's burden of proving that a fundamental unfairness had been done is not met by speculation ․ but by demonstrable realities.”  (Emphasis in original;  internal quotation marks omitted.)  Morris v. Commissioner of Correction, 131 Conn.App. 839, 844–45, 29 A.3d 914, cert. denied, 303 Conn. 915, 33 A.3d 739 (2011).   The court finds that the petitioner has failed to meet his burden of proof on any of his claims as he has failed to produce any credible evidence to support them.   The court found the petitioner's testimony wholly incredible and self-serving, and his attorney expert unhelpful and lacking knowledge in Connecticut criminal practice.

Accordingly, having failed to produce sufficient credible evidence to support his claims, the petition is denied.

Cobb, J.

Cobb, Susan Quinn, J.