Chandler v. Crosby

• Citation: 454 F.Supp.2d 1137
• Decision Date: 08 February 2006
• Docket Number: No. 8:03-CV-1347-T-30.,8:03-CV-1347-T-30.
• Parties: Oba CHANDLER, Petitioner, v. James V. CROSBY, Jr., et al., Respondents.
• Court: U.S. District Court — Middle District of Florida

454 F.Supp.2d 1137

Oba CHANDLER, Petitioner, v. James V. CROSBY, Jr., et al., Respondents.

No. 8:03-CV-1347-T-30.

United States District Court, M.D. Florida, Tampa Division.

February 8, 2006.

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Gary Lee Printy, Sr., Law Office of Gary L. Printy, Tallahassee, FL, for Petitioner.

Candance M. Sabella, Office of the Attorney General, Tampa, FL, for Respondents.

ORDER

MOODY, District Judge.

This cause is before the Court on Petitioner Oba Chandler's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 and memorandum in support of thereof (Dkts. 1 and 16, respectively), Respondent's response to the petition (Dkt.17), and Chandler's reply to the response (Dkt.23). Chandler is a Florida prisoner under sentence of death challenging three convictions for first degree murder entered by the Sixth Judicial Circuit Court, Pinellas County, Florida.

A review of the petition, the response, the reply, and the record in light of the applicable statutes and controlling case law demonstrates that Chandler's petition for writ of habeas corpus must be DENIED.

Facts and Procedural History

On November 10, 1992, Chandler was arrested and charged by indictment with the 1989 murders of Joan Rogers and her two daughters, Michelle and Christe (Dkt. 19, App. A, Vol. 1 at 1). The indictment alleged that the murders occurred in Pinellas County and Hillsborough County, Florida. Id. Initially, the Sixth Judicial Circuit Public Defender was appointed to represent Chandler. Id. at 13. Citing an ethical conflict as cause, the public defender moved to withdraw on March 3, 1993. Id. at 84. The trial court granted the motion to withdraw, and on March 10, 1993, Attorney Thomas B. McCoun was appointed to represent Chandler. Id. at 85. Upon being selected to serve as a Federal magistrate judge for the United States District Court for the Middle District of Florida, Attorney McCoun moved for leave to withdraw once new counsel was appointed and the final transfer of various documents was accomplished (Dkt. 19, App. A, Vol. 6 at 691). The trial court granted Attorney McCoun's motion on October 5, 1993, and appointed Attorney Fred Zinober (hereinafter "Zinober") as lead counsel and Attorneys Robert Santa Lucia, Andrew Salzman, and Evan Berlin as co-counsel to assist Zinober. See id. at 796.

Although initially Chandler elected to be tried in Hillsborough County, see Dkt. 19, App. A, Vol. 5 at 621-22, as discussed infra the parties reached an agreement pursuant to Fla. Stat. § 910.03(1) (1993) to conduct the trial in Pinellas County where a jury picked from Orange County would be sequestered.

Represented by Zinober, Chandler proceeded to a trial by jury on September 19, 1994. In its order affirming Chandler's conviction and sentence on direct appeal, the Florida Supreme Court summarized the facts as follows:

The record reflects that the body of Joan Rogers and those of her two daughters, Michelle and Christe, were discovered floating in Tampa Bay on June 4, 1989. Each body was nude from the waist down. Joan's hands were tied behind her back, her ankles were tied together, and the yellow rope around her neck was attached to a concrete block. Christe's hands and ankles were similarly tied, and she had duct tape on her face or head and a rope around her neck. Michelle's left hand was free with only a loop of rope attached, her ankles were bound, she had duct tape on her face or head, and the rope around her neck was attached to a concrete block. The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. He determined that the cause of death for each victim was either asphyxiation due to strangulation from the ropes tied around their necks or drowning.

The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. The general manager contacted the police, who secured the room and obtained the hotel's records for the room. The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway.

Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. The note read, "Turn right. West W on 60, two and one-half miles before the bridge on the right side at light, blue w/wht." FBI agent James Mathis determined that the handwriting was that of Joan Rogers. Theresa Stubbs from FDLE determined that some of the handwriting on the Clearwater Beach brochure was Chandler's, while other writing may have been Joan Rogers'. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriffs Department, found Chandler's palm print on the brochure.

Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. When asked why, Chandler told Cooper that he had a date with three women. Cooper met Chandler the next morning at 7:05 a.m.; when asked why he looked grubby, Chandler replied that he had been out on his boat all night. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders.¹ After meeting the women at a .convenience store, Chandler, who identified himself as "Dave," arranged to take them out on his boat the next day. The following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. After boating for several hours, Blair and Chandler returned to the dock. Chandler asked Blair to get Mottram to join them for an after-dinner boat trip.

Again, Blair could not convince Mottram to join them. Blair testified that Chandler seemed "ticked off' when she told him Mottram would not be joining them. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. Despite Blair's refusals and attempts to resist him, Chandler raped her. Chandler and Blair then returned to shore. The next day, Blair told Mottram what happened and reported the rape to the police. At trial, she identified the clothing Chandler had been wearing that night. Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court.

Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. Kristal later testified that Chandler told her he could not go back to Florida because the police were looking for him for killing some women. While Chandler never admitted to the killings, Kristal testified that he likewise never claimed innocence. Similarly, Rick Mays thought Chandler had committed the murders from the way he described how the police were looking for him as a murder suspect.

During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. Before absconding with some of the drug dealers' money, Chandler put a gun to Rick's head and said, "Family don't mean s ___ to me." After Chandler fled, Rick was badly beaten up and almost killed. The Mays' house was also damaged by the drug dealers. This series of incidents forced Kristal Mays to drop out of nursing school. She was upset and told Rick to call the police and report that Chandler "put a gun on him."

After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. She gave a sworn statement to the state attorney's office on October 6, 1992. Kristal had been convicted of a crime involving dishonesty and appeared on the television show Hard Copy in 1994 to discuss her father's alleged role in the murders in return for a $1000 fee.

Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two.

Arthur Wayne Stephenson shared a cell with Chandler for ten days in late October 1992. He testified at trial that after viewing television reports about the recovery of the victims' bodies from Tampa Bay, Chandler said that he had met the three women and given them directions to a boat ramp on the Courtney Campbell Causeway. Chandler told Stephenson that one of the girls was very attractive. Blake Leslie, an inmate at the Pinellas County Jail with Chandler in the fall of 1992, testified that Chandler told him that he took a young lady from another country for a ride in his boat. Her friend did not want to go. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. Leslie, who had been convicted of nine felonies, never heard Chandler speak of murders, only rapes. Several marine operators for GTE testified to collect calls made from a caller identifying himself as Oba, Obey, Obie, or no personal name and his boat as Gypsy or Gypsy One, from March 17 to June 2, 1989. The calls were placed to a number registered to Debra Chandler, Chandler's wife. One of the operators, Elizabeth Beiro, testified that she received three collect calls for Debra Chandler's telephone number, at 1:12 and 1:30 a.m. on June 2, 1989. The caller did not give a first name, although he identified his boat as Gypsy One. Later that same morning, at 9:52 a.m., Frances Watkins received a collect call from Gypsy One; the caller identified himself as Obie.

Chandler testified that he met Michelle Rogers when he stopped at a gas station. He testified that he had a very brief conversation with Michelle, giving her directions to the...