Opinion
Def. ID No. 0712019528.
Date Submitted: August 26, 2009.
December 14, 2009.
Sara T. Gabriel, York, PA.
Letter Opinion
Dear Ms. Gabriel:
This is my decision on your Motion for Postconviction Relief. You were charged with two counts each of Endangering the Welfare of a Child and Hindering Prosecution, and one count each of Rape in the First Degree and Continuous Sexual Abuse of a Child. The charges arose out of your relationship with a 13-year-old girl who was living in your house. The 13-year-old girl was an illegal immigrant that you took into your house to do housework and watch your children. When you did not want to have sex with your husband, you would send your husband down the hall to have sex with the 13-year-old girl. The 13-year-old girl eventually became pregnant. You and your husband then took her to get an abortion. You pled guilty to one count each of Continuous Sexual Abuse of a Child and Endangering the Welfare of a Child. I sentenced you to 22 years at Supervision level V, suspended after serving two years at Supervision Level V for probation. You were represented by Michael R. Abram, Esquire ("Abram"). You allege that Abram (1) did not effectively represent you, and (2) coerced you into pleading guilty. Abram has filed an affidavit responding to your allegations. This is your first Motion for Postconviction Relief.
I. Ineffective Assistance of Counsel
A. Misrepresentation
Strickland v. Washington, 466 U.S. 668, 687 (1984); Wright v. State, 671 A.2d 1353, 1356 (Del. 1996).
Wright, 671 A.2d at 1356; Younger v. State, 580 A.2d 552, 555-56 (Del. 1990).
State v. Coleman, 2003 WL 22092724, at *1 (Del. Super. Feb. 19, 2003), citing State v. Johnson, 1999 WL 743612, at *2 (Del. Super. Aug. 12, 1999).
B. Legal Representation
II. Coerced Plea
Del. Super. Ct. R. 11(d).
Del. Super. Ct. R. 11(g).
Id.
The Court: Did anybody promise you anything in exchange for this plea?
The Defendant: No.
The Court: Did you commit these two offenses, ma'am?
The Defendant: I don't know what to say.
The Court: What's the evidence that the State has?
Ms. Cohee: The husband, also the co-defendant, they brought in illegally this 13 year-old girl to work for them, to care for their children, and housekeeping. According to the co-defendant's statements, when Ms. Gabriel did not want to have sex with him, she would send him down the hall to the 13 year-old's room where he would have sex with her. The 13 year-old got pregnant, and Ms. Gabriel and the co-defendant took her to the clinic to get an abortion, and the child was forced to undergo an abortion.
The Court: Ma'am, would you agree with me that if a jury heard those facts and accepted those facts as true, they could find you guilty of those two offenses?
The Defendant: I really don't know. (The Defendant confers with counsel by the use of her interpreter)
The Court: Are you satisfied with your attorney's representation of you?
The Defendant: Yes.
The Court: I understand, ma'am, that this is a difficult choice, but are you sure that this is how you want to resolve the charges against you?
The Defendant: Yes.
The Court: All right. Based on that, I will accept your pleas as having been made knowingly, intelligently, and voluntarily.
You are bound by the answers you gave on the Truth-in-Sentencing Guilty Plea Form and during the Plea Colloquy. There is absolutely no evidence that Abram coerced you into pleading guilty. This allegation is without merit.
State v. Adkins, 2005 WL 1384307 (Del. Super. May 18, 2005).
CONCLUSION
Your Motion for Postconviction Relief is DENIED.IT IS SO ORDERED.