James v. Brazelton

• Decision Date: 17 June 2015
• Docket Number: Case No. 1:12-cv-01583-AWI-SAB (HC)
• Court: U.S. District Court — Eastern District of California
• Parties: MICHAEL VONTRE JAMES, Petitioner, v. PAUL D. BRAZELTON, Respondent.

MICHAEL VONTRE JAMES, Petitioner, v. PAUL D. BRAZELTON, Respondent.

Case No. 1:12-cv-01583-AWI-SAB (HC)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

June 17, 2015

FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

I.BACKGROUND

Following a jury trial in the Kings County Superior Court, Petitioner was convicted of one count of dissuading a witness (Cal. Penal Code¹ § 136.1(a)(1)). Petitioner was sentenced to 25 years to life, plus 10 years for committing two prior serious felonies (§ 667.5(a)(1)).

Petitioner filed a timely notice of appeal. On May 2, 2011, the California Court of Appeal, Fifth Appellate District affirmed the judgment. On July 20, 2011, the CaliforniaSupreme Court denied the petition for review. Petitioner filed the instant petition for writ of habeas corpus on September 27, 2012. Respondent filed an answer to the petition on November 30, 2012. Petitioner did not file a traverse.

II.STATEMENT OF FACTS²

In July 2008, Yvonne and her children were harassing Latura. They threatened Latura and vandalized her car. One day, Yvonne stabbed Latura in the head and back. Tikiyie witnessed the stabbing.

Criminal charges were filed against Yvonne. Latura and Tikiyie were subpoenaed several times by the prosecution. Each time a subpoenaed [sic] issued, Latura and Tikiyie were harassed by several people. On approximately 20 separate occasions Tunstall angrily called Latura a "snitch bitch," which is a derogatory term referring to someone who cooperates with the police. One day in February, Smith's and James's sister, Tenisha, tried to attack Tikiyie while she was sitting in her car. They yelled and screamed at Tikiyie, calling her a "snitch bitch" and a "police bitch." Tenisha kicked a dent into Tikiyie's car.

On Thursday, April 9, Tikiyie and Latura received subpoenas to appear in court on April 19, 2009. Tikiyie, Latura and a few of their friends went to a night club on the following Saturday night and Sunday morning.³ Tikiyie wore black stiletto heeled boots, a short red dress and a red wig. Tunstall, Smith, James, Tenisha, and Kevin James were also at the night club.

Tikiyie and her friends went to the bar to get a drink. Then Tikiyie went by herself into a lounge room and sat down. Tikiyie testified that Tunstall entered the lounge, looked at her, smiled and laughed, and then left. Then Smith entered the lounge. Tikiyie testified that Smith "was loud and obnoxious, calling me snitches and bitches and we're going to get them ho's tonight, and stuff like that." Tikiyie testified Smith was looking at her when she made these statements. Tikiyie said she just smiled and kept drinking her drink. Smith left the lounge.

Tikiyie stayed in the lounge room for about 15 minutes and then walked into another room containing a dance floor. She passed James, who was standing with a few other people near the lounge room door. Tikiyie began talking to Kenny Martens. Tikiyie testified that Smith approached them. Smith grabbed Marten's arm and said, "Don't be talking to those snitch bitches. I told you about talking to snitches." Then Smith "balled her fist up and hit me in the forehead." Tikiyie said she swung at Smith, "but I don't think I hit her because she kept like swinging at me, and then the next thing I know Michael James grabs my dress from behind, and I fall straight back, and I'm trying to pull my dress down because I didn't have any underwear on." While Tikiyie was on the ground, Smith, James, Kevin and another person repeatedly hit and kicked her. She heard them call her a snitch and a bitch while they were kicking and stomping her. Tikiyie testified that "all I could do is like try to cover my face and try to pull my dress down." Tunstall got involved in the fray. Tikiyie testified Tunstall "acted like he was pulling Demetria Smith off of me, and he socked me ... in my temple." Tikiyie testified that the attack continued until a security guard intervened about a minute or two later.⁴ The security guard helped Tikiyie get up and escorted her outside. Latura and other people also went outside.

A short time later, Tunstall went outside. Tikiyie testified that Tunstall yelled, "Yeah, I hit that bitch. Yeah, I got that snitch bitch. I bet she won't go to court and testify on that. We're going to have your heads." Tikiyie testified that Tunstall repeatedly called her a snitch bitch and said, "[A]ll you ho's do is tell." Tikiyie was angry and insulted Tunstall. Hanford police officers arrived a few minutes later. Tikiyie said she approached the officers and tried "to explain to them that I had been attacked for no apparent reason, but there "was so much chaos they told me to get in the car and leave" or they would arrest her.

Tikiyie drove to Latura's house, which took about three or four minutes. She "vomited blood" twice during the drive. Latura called 911 but Tikiyie decided the ambulance was taking too long to arrive so she drove herself to the hospital. (Although Latura and several other people were in the car with Tikiyie, none of them had a driver's license.) Tikiyie was vomiting blood and had to pull over to the side of the road. A police officer stopped the vehicle. Latura explained the situation to the officer, who escorted them to the hospital.

Tikiyie was treated in the emergency room and released. Tikiyie complained of a severe headache, nausea and vomiting. She had facial contusions with tenderness over the left temple area. She was tender in the back and upper thoracic region. There was a chip in tooth number eight. Her injuries were consistent with being punched and kicked in the head. Dr. Milton Teske testified that he believed Tikiyie suffered a concussion. Tikiyie did not suffer any acute fractures, bleeding in the brain or serious injury. She was released after being given an anti-nausea medication and Tylenol with Codeine.

Hanford Police Officer Josh Ragsdale interviewed Tikiyie while she was in the hospital. Tikiyie appeared frightened and disheveled. Tikiyie told him that she had been attacked by four people. She identified Smith, Tunstall and Kevin as three of the people who attacked her. She described the fourth person as a Black male who had dreadlocks and a long beard. Officer Ragsdale observed noticeable swelling on the left side of Tikiyie's face and a cut on her chin. He took photographs of Tikiyie's face and hands. She did not have any lacerations on her knuckles or the backs of her hand. Officer Ragsdale testified this was consistent with Tikiyie's statement to him that she got "jumped" and had not been in a mutual fight. Officer Ragsdale spoke with Latura, who said she did not see anything and wanted to stay out of it.

Tikiyie called Hanford Police Detective Gabriel Jimenez the next morning. Detective Jimenez had investigated the July 2008 stabbing. He interviewed Tikiyie at the police department. During this interview, she told the detective that James was one of the people who attacked her. Tikiyie testified that she wasn't able to remember James's name at the hospital because she "was still in shock from being attacked by men. It was bad enough being attacked by a woman." Also, Tikiyie did not personally know James to the same degree as she knew the other defendants. Detective Jimenez subsequently showed Tikiyie a photo lineup and she identified "the defendants in this case as the attackers."

Tikiyie testified that as a result of the attack she had two black eyes, a chipped tooth, a scar under her lip and her body was really sore all over. She wasn't able to eat afterwards and lost about 20 pounds. Also, Tikiyie changed her mind about testifying against Yvonne. Tikiyie said that she "didn't feel comfortable" testifying, "even though I knew it was going to help my sister." And Tikiyie was afraid for her children's safety.

Latura testified when they were socializing at the night club, Smith said within her presence, but not directly to her, that "she had her bitches and her niggas in the club." Later, Latura was on the dance floor when she saw "a fight in the club and my sister she got up, and it was her getting jumped." Latura went outside and observed a verbal altercation involving Tunstall and others. Tunstall was angry and he said things "about me going to court, about me getting stabbed, calling me snitches, [calling] my sister snitches, and just say that's how they do them and all this and that, and things like that."

II. Defense Evidence

Tunstsall testified he was on the dance floor when the disc jockey announced that security was needed because there was a fight. He saw a large crowd surrounding a fight. Getting closer, he saw Smith on top of Tikiyie. Kevin and a security guard were attempting to separate the two women. Tunstall told the securityguard that he could remove Smith. He pulled Smith away from Tikiyie and escorted her off the dance floor. Tunstall testified that he did not hit Tikiyie and no one kicked her. He did not see James near the fight. Tunstall testified that he went outside a few minutes later. Tikiyie, Latura and some other people were yelling and arguing. Tikiyie said some things to him but he did not reply.

Martens testified that he was talking to Tikiyie when Smith approached him and pulled him aside. Smith did not say anything. While his back was turned, Smith and Tikiyie started to fight. Martens saw Tikiyie fall to the ground. Smith got on top of her. The fight stopped when Kevin got in between Tikiyie and Smith, and Tunstall pulled Smith away from Tikiyie. Martens did not see Tunstall punch Tikiyie. Martens said James was standing next to him during the altercation.

Tenisha testified that she saw Tikiyie and Martens talking. Smith approached them and pulled Martens away from Tikiyie. Tikiyie spit on Smith and hit Smith's arm. Tikiyie and Smith started to fight. A crowd surrounded them. Tenisha testified no

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