McKNIGHT v. SUPERINTENDENT
| Decision Date | 11 April 2011 |
| Docket Number | No. 09-CV-6168T,09-CV-6168T |
| Parties | ARON McKNIGHT, Petitioner, v. SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY1 Respondent. |
| Court | U.S. District Court — Western District of New York |
Pro se petitioner Aron McKnight ("Petitioner") has filed a timely petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the constitutionality of his custody pursuant to a judgment entered November 18, 2002, in New York State, Monroe County Court (Hon. Patricia D. Marks), convicting him, after a jury trial, of two counts of Sexual Conduct Against a Child in the First Degree (N.Y. Penal Law ("Penal Law") § 130.75 [1][a]).
For the reasons stated below, habeas relief is denied and the petition is dismissed.
Indictment No. 02-133 charged Petitioner with two counts of Course of Sexual Conduct Against a Child in the First Degree. The first count of the indictment charged that Petitioner, on or about and between June 20, 1997 and September 1, 2001, engaged in two or more acts of sexual conduct, which included at least one act of sexual intercourse, deviate sexual intercourse or aggravated sexual contact, with a child less than eleven years old, to wit: M.J. The second count of the indictment charged that Petitioner, on or about and between September 1, 1998 and September 1, 2001, engaged in two or more acts of sexual conduct, which included at least one act of sexual intercourse, deviate sexual intercourse or aggravated sexual contact with a child less than eleven years old, to wit: A.S. See Resp't App. C at 4-5.
Indictment No. 401-2002 charged Petitioner with one count of Course of Course of Sexual Conduct against a Child in the First Degree for having engaged in two or more acts of sexual conduct, which included at least one act of sexual intercourse, deviate sexual intercourse or aggravated sexual contact, with a child less than eleven years old, to wit: Z.S. See Resp't App. C at 13.
On July 10, 2002, the Monroe County Court granted the People's motion to consolidate both indictments. See Resp't App. C at 6468; Trial Trans. [T.T.] of 07/10/02 4.
Darcus Jenkins, the mother of M.J., A.S. and Z.S., testified that in September of 1998, her husband, Todd Jenkins, moved out of the marital home after six years of marriage. Shortly thereafter, she began a relationship with Petitioner, whom she had known to be a friend of her husband. T.T. 605-608, 638. In the year that followed, Darcus Jenkins and her children2 occasionally spent the night at Petitioner's apartment on Clifton Street. On other occasions, Petitioner would spend the night at Darcus Jenkins's house at 158 Syke Street. T.T. 610-611. Eventually, Petitioner moved into the Syke Street address with Darcus Jenkins and her children. Darcus Jenkins usually slept with her daughters, while Petitioner slept with two of her younger sons, M.J. and A.S. T.T. 612.
Not long after Petitioner moved in, Darcus Jenkins sought treatment for a crack cocaine addiction at Park Ridge Hospital Rehabilitation Clinic and she remained there, with some occasional absences, from April of 1999 until the beginning of 2000. T.T. 613-615. During the time periods where Darcus Jenkins was in a rehabilitation program or actively using drugs, Petitioner stayed with her children at the Syke Street address. T.T. 615-616. Although Darcus Jenkins's husband was no longer living with the children, he remained in their lives and, initially, exercised unsupervised visitation. T.T. 616-617. In 2000, Darcus placed her daughters in foster care based on her belief that Petitioner could not adequately care for girls. T.T. 618-619.
A.S. and M.J., Darcus Jenkins's two younger boys, both testified that they had been subjected to repeated acts of sodomy at the hands of Petitioner, but that it was far more frequent once Petitioner moved into their house and they shared a bedroom. According to A.S. and M.J., Petitioner kept cooking oil and lotion, which he would use to lubricate his penis prior to abusing them, in the bedroom. T.T. 288-289, 296, 388.
At the time of Petitioner's trial, Z.S., one of Darcus Jenkins's daughters, was nine-years-old. She testified that Petitioner began sexually abusing her when she was six-years-old by placing his finger and his penis in her "butt" and by licking her "private part." T.T. 4 97. The abuse continued until she was placed in foster care. T.T. 502.
Several of Darcus Jenkins's children witnessed their siblings being abused by Petitioner. M.J. and his sister A.J. testified that, on one particular occasion when they were looking for A.S., they had peeked through a hole in Petitioner's bedroom. From their vantage point, they testified that they saw Petitioner in bed with A.S. They further testified that A.S. was laying on his stomach, while Petitioner was on top of A.S. T.T. 295-296, 299, 533-536. M.J. also testified that one night he and his sister Z.S. were sleeping on the floor and he woke to find Petitioner "on top" of Z.S., moving "up and down on her." T.T. 303-304. A.S. testified that he witnessed Petitioner sodomize M.J. and Z.S. T.T. 384-385. A.S. and M.J. also testified to various incidents of physical abuse at the hands of Petitioner, including being struck by "a switch, [Petitioner's] hand, a boot or a stick." T.T. 298, 382.
M.J., A.S., and Z.S. testified that they told their mother about Petitioner's abuse. Darcus Jenkins did not believe the children and usually disclosed their accusations to Petitioner, which, in some instances, led the children to be physically disciplined by Petitioner. T.T. 297, 388-390, 502-503. Because their mother would not help them, M.J. and A.S. began writing down what Petitioner had been doing to them, and gave these writings to their father. As a result, Todd Jenkins confronted Petitioner and a physical altercation ensued. T.T. 305, 390.
Circumstances changed in August of 2001 when Gregory Creswell ("Creswell"), a child protection worker assigned to the Monroe County Department of Social Services IMPACT team, met with M.J. and A.S. T.T. 413-414. Creswell testified that on August 15, 2001, he went to 111 Westfall Road because there was a supervised visitation schedule between Darcus Jenkins and her children. Creswell hoped to speak with each boy about their allegations of abuse. When Creswell was asked to discuss his contact with A.S., he explained that A.S. was reluctant to speak with him at first, but, after a period of time, opened up to him and disclosed incidents of sexual abuse in the home where he was living. T.T. 415-417. Creswell further testified that M.J. was also reluctant to speak with him at first, but after a period of time, opened up to him and disclosed incidents of sexual abuse in the home where he was living. T.T. 417-419. After Creswell's conversation with A.S. and M.J., the boys were removed from the home and placed in foster care. T.T. 420.
Ann Lenane ("Lenane") testified that she was a pediatrician at Strong Memorial Hospital and was the medical director of the REACH clinic where she evaluates children for physical or sexual abuse. T.T. 240. Lenane testified that she met A.S. at the REACH clinic for an examination on August 21, 2001. She observed two linear scars on the side of A.S.'s right eye, a linear scar on his upper right arm and a scar on the side of his nose. T.T. 245-247, 249. Lenane testified that such scarring is consistent with having been struck with an object. A.S.'s rectal area was also examined and found to be normal. T.T. 249-250. Lenane also examined M.J. and observed numerous scars on his face and linear scarring was found on his back, abdomen, and leg. Two small scars were noted outside of M.J.'s rectal area. T.T. 252.
Judith Neuderfer ("Neuderfer") a pediatric nurse practitioner who had treated A.S. and M.J. in the past, testified that she had seen each boy five-six times since they were infants and that she never noted anything "remarkable" during their physical examinations. T.T. 652-653, 655, 659. During cross-examination, Neuderfer acknowledged that A.S. and M.J. did not come into the clinic for examinations every year and that Petitioner was present for their interviews and subsequent examinations in 1999, 2000, and 2001. T.T. 659-660.
Nathan Hanks ("Hanks"), a mental health therapist, worked with A.S. and M.J. from June of 2001 until October of 2001. T.T. 661663. Hanks testified that from June through August of 2001 neither boy disclosed any sexual abuse even though Petitioner was not present for portions of their counseling sessions. T.T. 663-664. He testified further that Petitioner was always waiting for the boys after their sessions were completed and the boys were returned to Petitioner's custody after each session. T.T. 667-668.
Anthony Barton ("Barton") testified that A.S. and M.J. came to his daycare facility for about one hour before school and one and one-half hours after school. T.T. 669-670. A.S and M.J. were two of twelve children that were supervised by Barton. T.T. 674. Barton testified that neither boy ever disclosed any abuse. T.T. 672.
Two Monroe County Child Protection employees, Kathy Bonisteel ("Bonisteel") and Monise Cylear ("Cylear"), testified that they were assigned the case involving the children of Darcus Jenkins at various times from May of 1999 until August of 1999. T.T. 762, 768. Bonisteel testified that she met with the children only once during that time period and that during that single meeting, they did not disclose any abuse. T.T. 768. Cylear testified that she had met with the children less than once a week during that time period and that no abuse was ever disclosed. T.T. 783-784.
Petitioner testified in his own defense, maintaining that M.J., A.S. and Z.S. were coerced by their father and grandparents to falsely accuse him of sexual abuse. Petitioner testified that...
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