Luis Batista - Overwhelming Evidence

Batista, Luis; robbery, assault; NRE: perjury/false accusation, prosecutor misconduct, withheld exculpatory evidence, misconduct that is not withholding evidence, knowingly permitting perjury; "OVERWHELMING"

[652:945]; 3rd Dept. 1/9/97; affirmed

[Justices Peters and Carpinello (the latter actually being the author this opinion) were on the panels affirming both this conviction and Nickel's. ]

"In the early morning hours of December 2, 1993, Bryan Patterson was asleep in his hotel room of the Super 8 motel in the City of Troy, Rensselaer County, when he was awakened by an intruder punching him in the mouth. The intruder, who wanted money, wrestled with Patterson over the latter's carpet-cutting knife. After cutting Patterson, the intruder fled taking Patterson's property, including the knife, with him. [Batista], who had rented a room at the hotel with Laura Pullen, was seen by Pullen leaving Patterson's room that morning [???] taking a knife and a bag. Pullen also observed blood on [Batista's] right hand. At this time, [Batista] told Pullen that he had been fighting with the room's occupant and that he had cut the occupant."

"We are unpersuaded by [Batista's] contention that the verdict is against the weight of the evidence, because the [prosecution's] strongest witness against him, Pullen, was inherently incredible due to her lengthy criminal record, drug usage on the morning of the incident and demonstrated amoral attitude."

[And yet, the NRE lists perjury/false accusation as a contributing factor.]

"[G]iven the overwhelming evidence establishing [Batista's] guilt..."

[The 3rd Dept. 'justices' who signed off on this were Thomas E. Mercure, Bruce Crew III, John Casey, Karen Peters, and Anthony J. Carpinello, with the latter two also serving on Nickel's panel.]

from NRE synopsis (by Maurice Possley):

"Patterson was a carpet installer and staying in the motel to complete a job there. He said he struggled in the dark with the man over his utility knife, and that his ear was very badly slashed and nearly severed. The man grabbed a plastic bag containing a video game console and cartridge and fled with Patterson's wallet, a carton of cigarettes, and the utility knife.

"Patterson told police he only saw the attacker when he was illuminated briefly as he opened the door to the hallway and fled. Patterson said his attacker was a black man who had an afro hair style.

"Days later, police questioned 32-year-old Luis Batista, who was registered as the occupant of the room across the hallway from Patterson's room. Batista said that he was with a group of people who were partying in the room. He said at one point, the door to Patterson's room was open. He said he saw a white man lying on the bed and a black man he knew as 'House' rush past him.

"Batista said that at that point, everyone left. He said, 'I didn't see anybody take anything from the guy's room, and I didn't take anything either.'

"On December 9, police questioned Laura Pullen, who was one of the people partying with Batista that night. She said that she and Batista checked into the room to get high and have sex. During the night, others came into the room as well. Pullen said that Batista had left the room and came back holding a knife that belonged to her. She said that he confessed to slicing the man in the room across the hall.

"On December 10, police arrested Batista..."

"Batista went to trial in Rensselaer County...in December 1994. There was no physical or forensic evidence. The victim could not positively identify Batista as his attacker. The only person who implicated Batista was Pullen, who had a long record of convictions, including assault, drugs, and prostitution. The defense contended that Pullen had falsely accused Batista and that Patterson's description of his assailant -- a black man with afro-style hair -- did not match Batista.

"Under questioning from the prosecutor, [ADA] Kenneth Bruno,* Pullen testified that she heard a commotion outside the room. '[T]he next thing I know, I open up the door and I see Louie coming out of the room across the hall. . .and he had a knife in his hands and a bag,' she said. The knife was a 'small hunting knife that belonged to her,' she said."

[* Kenneth Bruno later became the DA of Rensseleaer County.] <[> "Pullen said Batista had blood on his right hand and when she asked what happened, Batista said, 'I cut the [obscenity].'

"Pullen added, 'He said he was fighting with the guy.'

"She said that everyone then left, but she remained in the room and refused to come out.

"On December 14, after a two-day trial,* the jury convicted Batista of all the charges. He was sentenced as a repeat offender to 25 years to life in prison. At his sentencing hearing, Batista maintained his innocence. He said the police 'took to the streets to coerce the peple who were at the hotel at the time of the incident until they found someone willing to give false statements against me.'"

[* Nickel's trial was also just two days.]

"In 2003, Pullen began writing letters to Pastor Robert Lawrenz, who had been part of a prison ministry. Pullen said that her testimony was false. She said that the prosecutor had given her a script for her testimony before the grand jury and that she went along with it because she had been threatened that her children would be removed and put into state custody.

"In November 2016, the Rensselaer County [DA's] Office requested the appointment of a special prosecutor to review Batista's claim of innocence. The request was granted and the Albany County [DA's] Office began a re-investigation of the case.

"In November 2017, Chief [ADA] David Rossi asked that defense cousel be appointed for Batista. In making that request, Rossi said that he had 'obtained evidence which raises serious questions about the guilt of Mr. Batista.'

"Rossi referred to Pullen's letters to Pastor Lawrenz. In one letter, Pullen said she had written to Batista, but he never wrote back. 'I told him how the D.A. threatened me, gave me a script,' Pullen wrote. 'I said I wanted to make it right what I have made wrong. . .He is doing 25-life for something he didn't do. It's devouring me all these years.'

"In March 2018, Batista's lawyer, assistant public defender John Della Porta, moved to vacate Batista's convictions.

"On May 25, 2018, Judge Jennifer Soba granted the motion. The prosecution then dismissed the charges. Batista was released, more than 23 years after his conviction.

"In January 2019...a claim [was filed] on behalf of Batista (under the name Batista-Reyes) in the New York Court of Claims seeking more than $23 million in damages. The case was still pending in November 2020. In May 2021, Batista filed a federal civil rights lawsuit seeking damages for his wrongful conviction."

2023 WL 2306134; N.D.N.Y. 3/1/23; civil suit

[Suit filed against Robert Paul, former City of Troy Police Department sergeant.]

"In his complaint, [Batista-Reyes (B-R)] alleges that, after the assault, the victim identified the perpetrator as having been a 'black male, with an afro, no distinct accent, and wearing a long black jacket...[B-R], however, alleges the he is light-skinned, Hispanic, with a thick Spanish accent, did not have an afro in December 1993, and was wearing a waist-high royal blue jacket sporting the insignia of the New York Giants on the day in question...Although the victim did not identify the perpetrator's height or weight on the incident report, [B-R] asserts that [Sgt. Robert Paul] later coerced the victim to identify the perpetrator's height within two inches and the perpetrator's weight within ten pounds of [B-R's] attributes."

"In addition to allegedly coercing the victim's statements, [B-R] alleges that [Paul] did not recover any fingerprints from the scene -- despite [B-R's] fingerprints being on file and available to law enforcement for comparison -- and [Paul] did not recover any security camera evidence from the Super 8 motel."

[This federal lawsuit was dismissed.]

[All emphases added unless otherwise noted.]