Amaya v. Madden

• Docket Number: CV 22-5904-SSS (E)
• Decision Date: 27 January 2023
• Parties: SAULO C. ALVARADO AMAYA, Petitioner, v. RAY MADDEN, Warden, Respondent.
• Court: U.S. District Court — Central District of California

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SAULO C. ALVARADO AMAYA, Petitioner, v. RAY MADDEN, Warden, Respondent.

No. CV 22-5904-SSS (E)

United States District Court, C.D. California

January 27, 2023

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

CHARLES F. EICK UNITED STATES MAGISTRATE JUDGE

This Report and Recommendation is submitted to the Honorable Sunshine Suzanne Sykes, United States District Judge pursuant to 28 U.S.C. § 636 and General 05-07 of the United States District Court for the Central District of California.

PROCEEDINGS

Petitioner filed a "Petition for Writ of Habeas Corpus By a Person in State Custody" on August 18, 2022. Respondent filed an Answer on October 13, 2022. Petitioner filed a Traverse on November 23, 2022.

BACKGROUND

A jury found Petitioner guilty of the first degree murder of his father, stepmother, and two half-brothers (Reporter's Transcript ["R.T."] 7202-08; Clerk's Transcript ["C.T."] 1326-33, 1338-40). The jury also found Petitioner guilty of sex crimes against his half-sister: one count of a lewd act on a child under the age of 14; and one count of a forcible lewd act on a child under the age of 14 (R.T. 7208-10; C.T. 1334-35, 1340-41). The jury further found true: multiple-murder allegations (as to all of the murder counts); and lying-in-wait allegations (as to two of the murder counts) (R.T. 7206-07, 7210; C.T. 1330, 1332 1336, 1339-41). The jury also found true three firearm enhancement allegations with respect to the murder counts (R.T. 7202-08; C.T. 1326-33, 1338-40). Petitioner received a sentence of four consecutive terms of life without the possibility of parole plus four terms of 25 years to life on the murder counts, and a consecutive term of ten years on one of the lewd act counts (R.T. 7553-56; C.T. 1434-36, 1446-49).

The California Court of Appeal affirmed (Respondent's Lodgment 8; see People v. Alvarado, 2021 WL 2409659 (Cal.App. June 14, 2021)). The California Supreme Court summarily denied Petitioner's petition for review (Respondent's Lodgments 9, 10). The California Supreme Court also summarily denied Petitioner's subsequent habeas corpus petition (Respondent's Lodgments 11, 12).

SUMMARY OF TRIAL EVIDENCE

The Court has conducted an independent review of the Reporter's Transcript and has confirmed the accuracy of the following summary of the evidence in People v Alvarado, 2021 WL 2409659. at *1 (Cal.App. June 14 2021). See Nasby v. McDaniel, 8.3d 10453 F9. 1052-53 (9th Cir. 2017); see also Slovik v. Yates, 556 F.3d 747. 749 n.1 (9th Cir. 2009).

1. The crimes

a. Late 1998 and early 1999

In 1998 and 1999 Rodolfo Alvarado and his wife Eva ("Veronica") Alvarado lived in a three-bedroom second-story apartment in South Los Angeles with their 16-year-old son Lorenzo ("Renzo"), their 10-year-old daughter Ashley Melissa, and their four-year-old son Victor.^[1] Alvarado was Rodolfo's son from a previous relationship. Alvarado, who was 16 years old, moved into the apartment in the fall of 1998 and attended Crenshaw High School. Alvarado shared a bedroom with his half-brother Renzo.

Ashley testified^[2] that in late 1998 or early 1999, as she and a friend played a computer game in one of the bedrooms, Alvarado grabbed Ashley's right hand and placed it against his penis. Ashley felt something "warm" and "wet" on her hand. When Ashley looked at Alvarado, he covered his genitals with his hands and laughed. Ashley, who was 10 years old, did not understand what the substance was, but she was "grossed out" and left the room to wash her hands.

On another occasion Alvarado hit Ashley "really hard" with a belt on her legs, leaving a bruise. On a different day Alvarado choked Ashley with both hands until she began to lose consciousness. Ashley's best friend Erica Reddish, who was nine years old in 1999, was present. Reddish saw the color in Ashley's face change as Alvarado choked her. Another time Reddish saw Alvarado cover Ashley's mouth with his hand until Ashley could not breathe. Both times Reddish told Alvarado to stop and tried to pull his hands away from Ashley's face.

Sometime in March 1999, Ashley told Veronica that Alvarado had hit and choked her. Veronica was "in shock"; she confronted Alvarado and told him he was not permitted to hit Ashley.

Around the same time, Ashley saw Alvarado and Rodolfo arguing in the apartment. Alvarado choked Rodolfo, who tried to push Alvarado away. Alvarado looked "aggressive," and Rodolfo was "pushing off [Alvarado] while [Alvarado] was choking him." Ashley yelled at them to stop. Alvarado stopped choking Rodolfo and walked out.

b. April 26 and 27, 1999

On the morning of April 26, 1999, Rodolfo drove Veronica, Alvarado, Ashley, and Victor to a health clinic for school vaccinations. Renzo was at school at Los Angeles High School. Following the vaccinations, Veronica, Alvarado, Ashley, and Victor took the bus to Los Angeles High School to see Renzo, who was getting out of school. After Veronica spoke with Renzo, Veronica, Alvarado, Ashley, and Victor took a taxi home. Victor went outside to play, and Ashley called a friend to come and play outside. Veronica sat in the dining room facing the window.

Alvarado entered the dining room with a gun in his hand. As Veronica looked out the window, Alvarado shot her in the back of her head. Ashley, who was still speaking to her friend on the telephone, was shocked. Veronica fell to the ground and made a gurgling noise. Ashley walked to Veronica, and Alvarado took the telephone from her hand and hung it up. Ashley threw some cups on the floor in an effort to compel Veronica to react, but Veronica did not respond.

A few minutes later Victor came back inside with a toy in his hand and ran into his bedroom. Alvarado told Ashley to follow Victor into the same bedroom. Alvarado pointed the gun at Victor's face; Victor swatted it away. Alvarado again pointed the gun at Victor and shot him in the face from about three feet away. Victor fell to the ground.

After Alvarado shot Victor, Ashley was in shock and "couldn't really comprehend anything anymore." Alvarado told Ashley to get on the bed. Alvarado pulled down Ashley's pants and underwear and pinned her arms above her head. Alvarado took out his penis and rubbed it against Ashley's vagina and body. Ashley kicked and screamed for Alvarado to stop. Ashley felt "helpless and scared." After about five minutes, Alvarado stopped and got dressed.

Ashley dressed and walked to her parents' bedroom. Alvarado followed her. Alvarado made statements about the grim reaper, and that he disliked that Ashley's family had his father but Alvarado did not. Alvarado went to the closet in Renzo's bedroom and retrieved an ashtray with a grim reaper design on it. Alvarado told Ashley the ashtray gave bad luck and would possess anyone who put ashes in it. Alvarado also told Ashley that when he lived with his grandmother in Guatemala, he had seen the devil in the hallway of her house.

Alvarado put the gun on the bed in Renzo's room; Ashley picked it up and pointed it at Alvarado. Alvarado laughed. He told Ashley the safety was on, and he took the gun from her. Ashley went to her parents' bedroom. She was in shock and scared. Ashley cried herself to sleep.

When she woke up, it was dark outside and the apartment lights were off, but light was coming in through the windows. Ashley estimated it was 10:00 p.m. or 11:00 p.m. Ashley found Alvarado in Renzo's bedroom, looking out a window. Ashley walked over to see what Alvarado was looking at. As Ashley looked out the window, Renzo arrived home, entered the bedroom, and asked Ashley what she was doing. Ashley turned to face Renzo, and saw that Alvarado had moved behind the bedroom door. Alvarado raised the gun and shot Renzo in the face from three to four feet away. Renzo fell to the ground, and Alvarado left the room.

Minutes later Rodolfo appeared at the bedroom door. Alvarado shot Rodolfo and he fell to the ground. Rodolfo began crawling down the hallway. Alvarado walked to Rodolfo, looked at him for a few seconds, and shot him again. Ashley returned to her parents' bedroom and cried herself to sleep again.

Ashley was awakened between 6:00 a.m. and 7:30 a.m. the next morning by the sound of her neighbor Graciela Reyes knocking on the front door. Reyes was Veronica's coworker, and each morning Reyes and Veronica would leave for work together. Ashley walked to the living room; Alvarado stood next to her. Alvarado gestured for Ashley to remain quiet. Ashley was "terrified." Reyes knocked for a minute or so and then left for work. Alvarado told Ashley to put on her shoes, and he retrieved the car keys from Rodolfo's body.^[3]

Alvarado drove Ashley in Rodolfo's car down the street, where he picked up a friend Ashley did not know and had never seen before. Ashley described the friend, who was later identified as Marvin Escobar, as male, Hispanic, and about Alvarado's age. Escobar got into the front passenger seat, and Alvarado drove to a gas station. Alvarado and Escobar got out of the car and spoke to each other; Escobar returned to the car and asked Ashley if it was true Alvarado had killed his family. Ashley replied, "Yes." Alvarado dropped Escobar at his house and returned with Ashley to the apartment. Ashley estimated she and Alvarado had been away from the apartment for 15 or 2 0 minutes.

When Alvarado and Ashley were back inside the apartment, Ashley was "very distraught." Alvarado told Ashley to call 911 and to ask for someone who spoke Spanish. Ashley called 911 from the living room at 9:01 a.m. During the call, Ashley saw Alvarado wiping the gun with a rag and walking towards Renzo's bedroom. Alvarado then took the telephone from Ashley to speak to the 911 operator. Ashley went to Renzo's bedroom and saw that Alvarado had placed the gun in Renzo's hand.

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