Decambra v. Inch
| Decision Date | 22 June 2021 |
| Docket Number | 4:19-cv-506-MW-MJF |
| Parties | FRANCIS X. DECAMBRA, Petitioner, v. MARK INCH, Respondent. |
| Court | U.S. District Court — Northern District of Florida |
REPORT AND RECOMMENDATION
Petitioner Francis Decambra, proceeding with counsel, has filed an amended petition for writ of habeas corpus under 28 U.S.C § 2254 (Doc. 3), with supporting memorandum (Doc. 7). Respondent (“the State”) answered, providing relevant portions of the state court record. (Doc. 13). Decambra replied. (Doc. 17). The undersigned concludes that no evidentiary hearing is required for the disposition of this matter, and that Decambra is not entitled to habeas relief.[1]
This case involves Decambra's sexual and financial exploitation of two disabled adults in June of 2008. Decambra's victims were W.M. and A.R.
W.M has cerebral palsy and is physically incapacitated from the waist down. W.M. is confined to a wheelchair and is legally blind. The cerebral palsy restricts not only her mobility, but also her ability to bathe, dress, and use the toilet.[3]
A.R. suffers from an intellectual disability which was described at trial as “mild mental retardation.” (Doc. 13-1, Ex. D at 228). A.R. was deprived of oxygen just before birth when his umbilical cord wrapped around his neck. As a very young child, A.R. suffered developmental delay in language and walking. Throughout his school career, A.R. was in Special Education classes and graduated from high school with a Special Education degree. After he graduated from high school, A.R. moved out of his parents' home and got an apartment. A.R.'s father stated:
He wanted to be like everybody else. He wanted to be independent. And in order to do that, he was a little enthusiastic, let's say, about being independent. His capabilities really didn't allow him to be that way, but he asserted himself and tried to be as independent as he could.
(Doc. 13-1, Ex. D at 182). A.R. lacks sufficient understanding to make reasonable decisions about certain aspects of his life, for example, how to manage his finances.
His parents manage his checking account and make his rent payments. At one time A.R. obtained his driver's license, but it was suspended twice for accumulating too many points in a 1-year period from speeding tickets, car accidents, and other traffic infractions. A.R.'s license was never reinstated.
The above is just a snapshot of the evidence of the victims' disabilities and obviously does not account for evidence that the jury observed but cannot be captured in a trial transcript.[3] This “Facts” section is intended merely to provide context for Decambra's claims, as this court is not called upon to address directly the sufficiency of the evidence that either victim was a “disabled adult” or “lack[ed] capacity to consent” under the criminal statute. Decambra does not claim that the evidence was insufficient to sustain a conviction on either of these elements.
W.M. and A.R. had been dating since 2000 and were engaged to be married.[4]W.M. and A.R. met Decambra through the State of Florida Agency for Persons with Disabilities (“the Agency”). W.M. and A.R. received services from the Agency because each suffered from a developmental disability.[5] Decambra, provided “supportive living coach” services to A.R., and later to W.M., through the Agency. A supportive living coach assists Agency clients in areas such as financial management and banking, shopping, personal relationships, and coordinating appointments, and provides other services for which clients qualify under the Florida Medicaid Waiver Program.
At the time Decambra exploited A.R., he had been A.R.'s supportive living coach for approximately 5 years. Decambra assisted A.R. primarily with shopping and paying bills. A.R. viewed Decambra as an authority figure. A.R. had known Decambra for several years, relied on him a great deal, and looked up to him for advice and assistance. When Decambra told A.R. to do something, A.R. complied because he wanted to make Decambra happy, he did not want to make him angry, and he was afraid of what Decambra would say if he told him no.
A.R. had credit card accounts with Best Buy and Kay Jewelers which Decambra helped him manage. Between June 1, and June 26, 2008, Decambra used A.R.'s Best Buy and Kay Jewelers credit cards to purchase items for himself and his wife.
On June 2, 2008, W.M. had surgery on her foot and was in a rehabilitation center until June 19, 2008. During that time, Decambra took A.R. to his (Decambra's) home, showed A.R. pornographic movies of men and women having sex, and then asked A.R. if he wanted to do the same things as the people in the movies. A.R. told Decambra yes even though he did not want to have sex with Decambra. A.R. wanted to make Decambra happy and was afraid to say no. Decambra performed oral sex on A.R. and licked his nipples, and Decambra then asked A.R. to reciprocate. A.R. complied because he was afraid to tell Decambra no.
W.M. returned home from the rehabilitation center on June 19, 2008. W.M. was in the process of receiving a new supportive living coach due to her prior coach's retirement. At Decambra's suggestion, W.M. requested that Decambra become her supportive living coach.
On June 23, 2008, W.M. and Decambra met with W.M.'s support coordinator (Dquan Brigham) and W.M.'s counselor (Rhonda Wiggins) at W.M.'s home to discuss Decambra becoming W.M.'s living coach.[6] A.R. also was present. After the meeting ended and Brigham and Wiggins left, Decambra asked A.R. if W.M. had showered that day. A.R. responded that W.M. could not shower because of her recent surgery. Decambra suggested wrapping W.M.'s leg in a plastic bag so she could take a shower. W.M. agreed to Decambra's suggestion, knowing that A.R. would be the one helping her shower.[7]
A.R. helped W.M. into the bathroom, and W.M. undressed. A.R. remained fully clothed. A.R. then assisted W.M. into the shower. Decambra entered the bathroom to help W.M. wrap her leg. W.M. had given Decambra permission to be in the bathroom to wrap her leg, but had not given him permission to be in the bathroom while A.R. bathed her. After wrapping W.M.'s leg, Decambra took the shower hose, soaked A.R. with water, and directed him to take off his clothes and get it the shower with W.M. Decambra explained: “Well, she's wet and you are wet, so both of you all can take a shower.” (Doc. 13-1, Ex. C at 116). A.R. complied, took off his clothing and got into the shower with W.M. Decambra left the bathroom.
While A.R. was bathing W.M., Decambra returned to the bathroom with a camera and began photographing A.R. while he bathed W.M. W.M. saw the flash of the camera and told Decambra to stop. Decambra insisted that she continue with the shower and not worry about him. Decambra continued taking pictures, commenting on how much money he could make off of them.
After the shower, A.R. assisted W.M. to the toilet and dried her off. W.M. asked for her clothing, but Decambra told her they were going to move her to the bedroom. A.R. carried W.M. to the bedroom and laid her on the bed. Both A.R. and W.M. were naked. Decambra then grabbed W.M.'s hand and placed it on A.R.'s penis. W.M. pulled her hand back, but Decambra grabbed her hand again, placed it back on A.R.'s penis and told her to rub it.
Decambra then told A.R. to rub lotion on W.M., directing him specifically “where to rub and how to rub, ” including between W.M.'s legs. (Doc. 13-1, Ex. C at 53). When A.R. reached W.M.'s vagina, Decambra instructed A.R. to “instead of putting your fingers in there, in her vagina, put your penis in there.” (Id.). A.R. complied. Decambra continued directing A.R. and W.M. in the performance of sexual acts-directing their movements and positioning them while taking photographs and expressing satisfaction with how much money each image could fetch. When W.M. again expressed dissent, Decambra told her to “just keep doing what you're doing.” (Doc. 13-1, Ex. C at 55). W.M. and A.R. did not want to engage in the sexual activity, but felt forced to comply with Decambra's directions.
Three days later, on June 26, 2008, W.M. and A.R. were having breakfast in W.M.'s home when Decambra appeared unexpectedly and announced he was there to change the dressing on W.M.'s leg. W.M. was surprised because her doctor's office was scheduled to change her dressing. W.M. waited for Decambra to leave the room and then called her doctor's office to clarify. Decambra returned and questioned W.M. about her phone call. After learning she had called her doctor's office, Decambra became angry and accused W.M. of harassing her doctor. He then called (or pretended to call) someone at the Agency and declared that they needed to find someone else to be W.M.'s supportive living coach. After he hung up, Decambra told W.M. she needed another shower. W.M. agreed to a take a sponge bath with A.R.'s assistance.
W.M. and A.R. went into the bathroom, and A.R. started bathing W.M. Decambra entered-this time with a video camera-and began filming the bath. W.M. told Decambra to stop and to leave, but Decambra ignored her and continued filming while commenting “how sweet it is of [A.R.] giving his fiancé a bath.” (Doc. 13-1, Ex. C at 68). When A.R. finished the bath, he carried W.M. to her bed.
Decambra told W.M. that she needed a fresh bandage and that he would go out and buy bandages. W.M. gave Decambra permission to use her debit card to buy bandages. Decambra left W.M. naked on the bed, covered by a sheet, and took A.R. to a grocery store. There, Decambra purchased not only bandages with W.M.'s card, but also KY Jelly.
After Decambra and A.R. returned and changed W.M.'s bandage Decambra told...
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