Submitted: July 27, 2019
Purcell, Esquire, Deputy Attorney General, Department of
Justice, Wilmington, Delaware, Attorney for the State.
Patrick J. Collins, Esquire, Attorney for Defendant Luther
COMMISSIONER'S REPORT AND RECOMMENDATION THAT
DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF SHOULD BE
DENIED AND RULE 61 COUNSEL'S MOTION TO WITHDRAW SHOULD BE
M. Parker, Commissioner
24th day of September, 2019, upon consideration of
Defendant's Motion for Postconviction Relief, it appears
to the Court as follows:
AND PROCEDURAL HISTORY
1993, Defendant Luther Dickson was indicted on the charges of
Burglary First Degree, Unlawful Sexual Intercourse First
Degree, Unlawful Sexual Penetration Third Degree and
Kidnapping First Degree. He was reindicted on these same
charges and two additional charges of Robbery First Degree
and Unlawful Sexual Contact in the Third Degree.
charges arose out of an incident that occurred on the night
of March 6-7, 1993 in which Dickson forced his way into an
elderly woman's home, sexually assaulted her, stole her
money, and tore her telephone lines from the wall so she
would be unable to call for help.
first jury trial in this case began on September 13, 1993. At
the first trial, Federal Agent Michael Malone, a supervisor
of the hair and fiber analysis section of the FBI lab in
Quantico, Virginia submitted a report and testified as to
microscopic hair comparison evidence (MHC evidence). At the
conclusion of the first trial, the jury found Dickson guilty
of Unlawful Sexual Penetration Third Degree, Unlawful
Imprisonment Second Degree (a lesser-included offense of
Kidnapping), and Robbery First Degree. The jury was unable to
reach a verdict on the Unlawful Sexual Intercourse First
Degree and Burglary First Degree charges and a mistrial was
declared as to those counts.
second jury trial in this case was conducted on December
12-16, 1993. The State decided not to use the MHC evidence in
the second trial. The State did not call Agent Malone as a
witness. At the second trial, the State presented all the
same evidence as it did at the first trial with the exception
of the MHC evidence.
evidence was not mentioned to the jury in any fashion during
the second trial.
December 16, 1993, a second jury found Dickson guilty of
Unlawful Sexual Intercourse in the First Degree and the
lesser-included offense Burglary in the Second Degree.
February 4, 1994, Dickson was sentenced. He was sentenced to
life imprisonment for the Unlawful Sexual Intercourse First
Degree conviction. He was sentenced to an additional ten
years of ...