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Logan v. Gelb

United States District Court, D. Massachusetts

September 25, 2014

JULIAN CASTLE LOGAN (formerly known as JOAO PEDRO BARBOSA JR.), Petitioner,
v.
BRUCE GELB, Respondent

Page 123

[Copyrighted Material Omitted]

Page 124

Julian Castle Logan, formerly known as Joao Pedro Barbosa Jr, Petitioner, Pro se, Norfolk, MA.

For Bruce Gelb, Respondent: Annette C. Benedetto, LEAD ATTORNEY, Department of Attorney General, Boston, MA.

Page 125

MEMORANDUM AND ORDER

WILLIAM G. YOUNG, DISTRICT JUDGE.

I. INTRODUCTION

In this pro se petition for a writ of habeas corpus, the petitioner, Julian Castle Logan (formerly known as Joao Pedro Barbosa Jr.) (" Logan" ), challenges his conviction in the Massachusetts Superior Court sitting in and for the County of Middlesex for deriving support from the earnings of a minor prostitute. He raises six grounds for the granting of the writ: (1) that his trial counsel was ineffective in violation of the Sixth Amendment by failing to object to hearsay testimony regarding the age of the alleged prostitute; (2) that the evidence offered by the government was insufficient to convict him; (3) that an expert witness offering testimony regarding prostitutes' work habits and relationships with their pimps was not qualified to do so; (4) that the same expert witness impermissibly based his testimony on hearsay; (5) that the Commonwealth impermissibly used this expert's opinion testimony as substantive evidence against Logan; and (6) that the fruits of local police officers' investigations outside their jurisdiction should be suppressed.

A. Massachusetts Superior Court Proceedings

In Commonwealth v. Barbosa, 76 Mass.App.Ct. 1115, 2010 WL 680349 (2010), the Massachusetts Appeals Court (" Appeals Court" ) described the underlying facts of this case, which this Court now " supplement[s] with other record facts consistent with the [court's] findings." Yeboah-Sefah v. Ficco, 556 F.3d 53, 62 (1st Cir. 2009) (quoting Healy v. Spencer, 453 F.3d 21, 22 (1st Cir. 2006)).

On the evening of February 23, 2004, Detective Lawrence Hall [(" Hall" )] of the Everett police department was on Beecham Street in Everett, an area known by the police to be frequented by prostitutes. Hall saw two young women walking down the road smiling and waving at passing vehicles, consistent with invitations for the persons in the vehicles to stop. At one point, the women walked over to the parking lot of a nearby club, and the two women entered the back seat of a gray Saab convertible. (As shall be further described, the defendant was arrested in a gray Saab convertible.)
The following night, February 24, 2004, Detective Hall observed one of the same two women, later identified as Harriet [a pseudonym], again, out on the street, waving and smiling at passing vehicles on Beecham Street. A large delivery truck pulled over next to Harriet and she got in. The truck drove across the boundary line from Chelsea, where Harriet had been picked up, into Everett, then back into Chelsea. The truck stopped on a desolate side road. After trying to no avail to contact the Chelsea police and the State police, Detective Richard Connor [(" Connor" )] of the Everett police department, also conducting surveillance in the area, observed Harriet performing oral sex on the driver.
Harriet was dropped off on Beecham Street and spoke briefly on a walkie-talkie. Thereafter, a large white sedan pulled up, and Harriet got in. The sedan drove to another desolate area. The police could not conduct direct surveillance to ...

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