United States District Court, N.D. New York
ALAN M. OUTMAN Petitioner,
SUPERINTENDENT, Five Points Correctional Facility Respondent.
M. OUTMAN Petitioner, Pro Se, Five Points Correctional
ERIC T. SCHNEIDERMAN, Attorney for Respondent Office of the
J. GILL Assistant Attorney General
DECISION AND ORDER
D'AGOSTINO, United States District Judge
20, 2016, petitioner Alan M. Outman ("petitioner")
filed a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254, along with exhibits. Dkt. No. 1, Petition
("Pet."); Dkt. No. 1-1, Exhibits.
December 14, 2012, petitioner was convicted after a plea of
guilty in Broome County Court, of one count of murder in the
first degree. Pet. at 1. As a result of her conviction,
petitioner was sentenced to twenty-five years to life in
guilty plea and conviction stems from petitioner's
actions during the early morning hours of January 1, 2012,
when she attempted to sexually abuse David Fillers.
Petitioner then killed Fillers by choking and hitting him on
the head with a rock several times, ostensibly to prevent him
from calling the police. Fillers' body was discovered in
a culvert where petitioner left him to die, and
petitioner's DNA was recovered from sperm located on the
raises the following grounds for habeas relief: (1) her
guilty plea was involuntary, and (2) her trial counsels were
ineffective because they coerced her into pleading guilty.
Pet. at 3-5.
opposes the petition, arguing the habeas petition is
untimely, partially unexhausted and without merit. Dkt. No.
17, Respondent's Memorandum of Law in Opposition
("Resp. Mem."); Dkt. No. 18, State Court Records
("SR"). Petitioner filed a reply. Dkt. No.
reasons that follow, the petition is denied as untimely, and
BACKGROUND AND PROCEDURAL HISTORY
Petitioner's Guilty Plea and Sentencing
was charged by a Broome County grand jury with one count of
Murder in the First Degree (Penal Law §
125.27(1)(a)(vii)), two counts of Murder in the Second Degree
(Penal Law § 125.25(1), (3)), and one count of Sexual
Abuse in the First Degree (Penal Law § 130.65(1)). Dkt.
No. 18-1, at ¶ 1-4.
September 5, 2012, petitioner, her attorney and the
prosecution met for a Question and Answer session in
contemplation of petitioner pleading guilty. Id. at
SR 6-24. Prior to questioning petitioner, the prosecution
informed her that "nothing that you say in these
statements can be used against you." Id. at SR
6. The prosecution went on to outline the terms of the
proposed plea agreement. Petitioner was offered a plea of
guilty to first-degree murder in exchange for a prison term
of twenty-five (25) years to life in prison. In addition,
petitioner would waive all of her rights to have any
pre-trial motions litigated as well as her rights to appeal.
Id. at SR 6-7. Petitioner was then asked to give a
full account of what happened the night of the victim's
death. Id. at SR 7.
stated that she had known Fillers since middle school, and
that she ran into him during the early morning hours on New
Year's day in 2012, in downtown Binghamton. Id.
at SR 7-8, 11. According to petitioner, Fillers was
intoxicated. Petitioner offered to let Fillers ride in a cab
she was sharing with a friend. Although Fillers asked the cab
driver to take him home, the driver said he had other fares
and Fillers would have to be dropped off at the Quality Inn
where petitioner and her friends were staying. Id.
at SR 11-14.
arriving at the hotel, Fillers and petitioner talked in the
lobby for some time and then went back outside to wait for a
cab to pick Fillers up. While walking outside, petitioner
told Fillers that she was attracted to him. Id. at
SR 14-15. Petitioner attempted to seduce Fillers, but he
continued to say he was not interested. At one point,
petitioner tried to kiss Fillers, but he pushed her away. As
he pushed her away, petitioner stated that Fillers
"slipped on the wet grass and fell backwards down the
embankment" and "hit his head." Petitioner
followed Fillers down the embankment and said he "seemed
out of it." Id. at SR 15-16.
point, petitioner admitted removing Fillers' clothing
"with the intent of having sexual contact."
Id. at SR 17. Petitioner then removed her own
clothing and tried to put on a condom, but it did not fit.
She then attempted to have anal intercourse with Fillers, but
could not penetrate him. Petitioner stated that Fillers was
still "out of it, " but he attempted to "move
away or push back with his legs." Id. at SR ...