Ray v. Kernan
| Citation | 646 F.Supp.2d 1102 |
| Decision Date | 22 January 2009 |
| Docket Number | No. C 06-4556 SBA (pr).,C 06-4556 SBA (pr). |
| Parties | Willie Clarence RAY, Petitioner, v. Scott KERNAN, Warden, Respondent. |
| Court | U.S. District Court — Northern District of California |
Willie C. Ray, Represa, CA, pro se.
Pamela K. Critchfield, Attorney at Law, San Francisco, CA, for Respondent.
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
This matter is now before the Court for consideration of Petitioner's pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 concerning his 2000 conviction in the Alameda County Superior Court. Respondent Warden Scott Kernan opposes the petition. Petitioner filed a traverse. For the reasons discussed below, the petition is DENIED as to all claims.
Petitioner was convicted of first degree murder in the Alameda County Superior Court in October of 2001. He was sentenced to state prison for twenty-five years to life. The state appellate court affirmed his conviction on April 27, 2004, 2004 WL 887413. (Resp't Ex. 6.) The California Supreme Court denied review on July 14, 2004. Petitioner then filed a habeas petition in the Alameda County Superior Court, which was denied on March 11, 2005. Petitioner's habeas petition was thereafter denied by the state appellate court on January 30, 2006, and by the California Supreme Court on March 22, 2006.
The instant petition was filed on July 27, 2006. On December 4, 2006, the Court issued an order to show cause and granted Petitioner's motion to proceed in forma pauperis. Respondent filed two separate motions for extensions of time, which the Court granted. Respondent filed an Answer on May 30, 2007. Petitioner filed a Traverse on June 19, 2007. The matter has been fully briefed and is now ready for review on the merits.
The appellate court described the facts underlying this case as follows:
The victim, Kimberly Ray (Kimberly), was strangled to death in the early morning of February 26, 2000.
[Petitioner] and Kimberly were married in 1993 or 1994. Their relationship was described as not very good. They had gone through separations and each had had relationships with other people. In the fall of 1999, Kimberly was living in an Alameda apartment with her three young children, and [Petitioner] was in custody. Kimberly contacted relatives in Sacramento and told them she wanted to move to Sacramento with the children. She planned that she and the children would stay with her cousin LaDonna Jackson (LaDonna) until she found a place. In late January 2000, Kimberly applied for rental housing in Sacramento and gave notice of her intent to vacate her apartment on March 2.
Sometime in February 2000, Kimberly told a neighbor she was happy that [Petitioner] was being released from prison and would be staying with her and the children. However, after [Petitioner] moved in, Kimberly was not happy, acted "quiet" and "nervous," and was anxious to move to Sacramento. Kimberly told LaDonna that she would be moving to Sacramento just with the children. LaDonna told Kimberly that [Petitioner] was not welcome in her home because she feared for her own safety and the safety of Kimberly's children. During a phone conversation with her cousin Robin Jackson (Robin) the week before her murder, Kimberly said [Petitioner] was always trying to intimidate her. Robin heard [Petitioner] respond, Kimberly sounded "shaken" and said she had to hang up. A few days before the murder, while Kimberly was on the phone with LaDonna, [Petitioner] screamed at Kimberly. On the day before the murder LaDonna spoke with Kimberly and told her she feared for Kimberly's safety and Kimberly should
Kimberly's mother, Moselle Hickman, talked to her daughter on the phone sometime in February 2000, after [Petitioner] had moved in, and heard [Petitioner] refer to Kimberly as "his bitch," and then hang up the phone. Hickman said that after [Petitioner] moved in with Kimberly, Kimberly no longer seemed happy, "wasn't herself," and there was "always some sort of turmoil." On February 25, Hickman talked to Kimberly numerous times. Kimberly said she had finished packing and would be moving to Sacramento when her lease was up on February 28 or 29. When Hickman last talked to Kimberly, at about 10:30 p.m. on the evening of the murder, Kimberly sounded "okay."1 On cross-examination, Hickman conceded she was aware that Kimberly had ongoing correspondence with [Petitioner] between September 1999 and February 2000. Various letters between them were admitted to establish their positive relationship.
At approximately 12:44 a.m., on February 26, 2000, Alameda Fire Captain Michael D'Orazi arrived at Kimberly's apartment after [Petitioner] called 911 to report that she was not breathing. [Petitioner] led emergency medical personnel to the bedroom where Kimberly was lying face up on the floor at the foot of the bed. [Petitioner] told D'Orazi that he had tried to resuscitate Kimberly. Kimberly was declared dead at the scene.
At about 1:00 a.m., Alameda Police Officers Gee and Abreu arrived at the apartment. [Petitioner] and Kimberly's two children, Willie, Jr., age six, and Tequila, were asleep. Jasmine, Kimberly's eight-year-old daughter and [Petitioner]'s stepdaughter, was awake. Jasmine appeared a little "shocked," "confused" and "groggy," but was otherwise fine. [Petitioner] was "very emotional." Gee's examination of Kimberly's body revealed two very small puncture wounds under her chin. Three hair braid extensions, similar to those worn by Kimberly, were found at the end of the bed on the floor. A broken necklace and cross were found in the bed. There were no signs of forced entry into the apartment. Gee contacted the violent crimes unit to assist in the investigation because [Petitioner] was evasive in answering questions, and the condition of the bedroom and Kimberly's body suggested there might have been a struggle.
At about 4:00 a.m., Detective Jones with the violent crimes unit arrived at the apartment where he met Gee and Abreu. [Petitioner] was asleep on the living room couch. Jones entered the bedroom where Kimberly was lying and noted the hair extensions lying on the floor, a lamp was overturned on the floor, the bed sheets were pulled back and a pillow was on the floor. Kimberly's left hand was up and semi-closed in a claw-like position. She had two pinch-like marks under the left side of her chin which appeared fresh. She also had a scratch or scrape on her forehead. Jones opined that a struggle had taken place in the bedroom. Jones noted a fresh mark on [Petitioner]'s chest at the neckline of his shirt. Photos taken of [Petitioner] later that afternoon revealed "a lot of" fresh scratches on his upper arms and forearms. [Petitioner]'s blood alcohol level measured .09 percent and he tested negative for narcotics.
The afternoon after the murder, Alameda Police Sergeants Lynch and Beetle conducted tape recorded interviews of Jasmine and Willie, Jr.2
Dr. Sharon Van Meter, a pathologist, conducted Kimberly's autopsy. The examination revealed petechiae (dot-like hemorrhages) over the upper and inner eyelids, forehead, upper face and lips, indicating a significant change in blood flow and oxygen to the head. There were abrasions on the left forehead, behind the right ear, and under the chin, and a contusion-abrasion on the right side of the neck. There were small, rounded scars on the upper and lower arms and upper chest. One of Kimberly's denture which contained two teeth was found in her hair. Based on her examination, Dr. Van Meter opined that Kimberly's death was caused by asphyxia due to strangulation. The strangulation could have been accomplished by hands or a soft object compressing the neck, or a forearm placed under the chin. Dr. Van Meter explained that strangulation can lead to unconsciousness within 30 seconds, and may result in death in one to two minutes, and will certainly cause death in five minutes. If the strangulating pressure is interrupted and the victim is able to take some breaths, it will take longer to cause death. Dr. Van Meter said that the fresh marks found below Kimberly's chin could have resulted from her struggling during the assault.
Kimberly's blood alcohol level was .07 percent and was negative for narcotics. Forensic serological testing of material recovered from Kimberly's fingernail clippings was consistent with [Petitioner]'s genetic profile as well as 82 percent of all African Americans.
On April 13, 2000, Jones interviewed Jasmine in Sacramento, where she and her siblings were living with LaDonna. Jasmine was reserved and did not "really want to talk about what she may have seen." She did say that "PeeWee"3 had been to her house twice on the evening that Kimberly was murdered, both times while [Petitioner] was gone. PeeWee was never considered a suspect in the case. Willie, Jr., was frightened and did not want to talk. In April 2001, Jones and Beetle conducted videotaped interviews of Jasmine and Willie, Jr., in Sacramento.4 Jasmine was a "lot less reserved," but still appeared to be "kind of holding back a little bit." She did not mention PeeWee. Willie, Jr., was "skittish" and again did not want to talk.
Ten-year-old Jasmine testified at trial that when [Petitioner] moved in with her and her family, he and Kimberly argued because Kimberly wanted to move to Sacramento with the children and [Petitioner] did not want them to go. On the day of Kimberly's murder neither Jasmine nor Willie, Jr., wrestled with [Petitioner]. Kimberly's best friends Yolanda and PeeWee came to visit, and left before sundown. Early in the evening [Petitioner] left the...
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