Roberts v. Howton
| Decision Date | 09 April 2014 |
| Docket Number | No. 3:08–cv–01433–MA.,3:08–cv–01433–MA. |
| Citation | 13 F.Supp.3d 1077 |
| Court | U.S. District Court — District of Oregon |
| Parties | Lisa Marie ROBERTS, Petitioner, v. Nancy HOWTON, Respondent. |
Steven T. Wax, Federal Public Defender, Alison M. Clark, Assistant Federal Public Defender, Portland, OR, for Petitioner.
Frederick M. Boss, Deputy Attorney General, Andrew Hallman, Samuel A. Kubernick, Assistant Attorneys General, Department of Justice, Salem, OR, for Respondent.
Petitioner, an inmate at Coffee Creek Correctional Facility, brings this habeas corpus proceeding pursuant to 28 U.S.C. § 2254. For the reasons set forth below, petitioner's Fourth Amended Petition (# 173) is granted in part, and denied in part.
On May 25, 2002, at approximately 2:55 p.m., the naked body of Jerri Lee Williams was found at Kelley Point Park in Portland, Oregon. The body was located in a downward sloping area, 15 feet from the curb of the parking lot, in some foliage and bushes. See Pet.'s Supp. Exh. to Reply (# 230). According to the investigating officers, the body was visible from the parking lot and from the driver's side of a vehicle in the parking lot (later identified as belong to Adam and Anne Cross). Response in Opposition to Emergency Motion for Release (# 111) (hereinafter “Response”), Att. I to Exh. B at 95 & 312. There was no evidence indicating that the body had been dragged. A pillowcase was found near the body. Former Deputy Medical Examiner Duane Bigoni estimated Williams' time of death to be 11:40 a.m. Response, Exh. B at 5. Deputy Medical Examiner Cliff Nelson performed an autopsy and determined that Williams died from manual strangulation. Dr. Nelson noted contusions on Williams' right tricep and right inner thigh.
On August 16, 2002, petitioner was arrested for the murder of Williams. Petitioner was indicted on charges of intentional Murder (O.R.S. 163.115(1)(a) ), Assault in the Fourth Degree, Harassment (two counts), and Menacing. Based upon a determination that petitioner was unable to aid and assist in her defense, petitioner was committed to the Oregon State Hospital (OSH) for treatment and evaluation. Approximately six months later, the trial court held an aid and assist hearing, and concluded petitioner was competent to proceed to trial.
Attorneys William Brennan and Patrick Sweeney were appointed to represent petitioner in 2004. On December 1, 2004, petitioner pled guilty to Manslaughter in the First Degree. At the plea hearing, petitioner admitted that she caused the death of Williams by strangulation. Petitioner was sentenced to a 180–month term of imprisonment, and three years post-prison supervision. The remaining counts in the indictment were dismissed.
Petitioner did not file a direct appeal. Almost two years later, petitioner filed a petition for state post-conviction relief. The trial court denied the petition, the Oregon Court of Appeals summarily affirmed, and the Oregon Supreme Court denied review.1
The police believed that petitioner killed Williams at home, placed her body in a sleeping bag (with a pillow case over her head), transported her body in a pickup truck, and dumped the body at Kelley Point Park. See Response, Att. I to Exh. B at 28; Transcript Designation (# 17), TR Vol. 4 at 290–94; Motion for Immediate Release (# 156) (hereinafter “Motion for Release”), Exh. L, TR at 223–24. The prosecution's case was premised upon circumstantial evidence, including a volatile “love triangle” between petitioner, Williams, and Terry Collins; petitioner's history of domestic violence; incriminating statements made by petitioner; and witness statements and cell phone tower evidence purporting to pinpoint petitioner near Kelley Point Park the morning of the murder.See e.g. TR Vol. 4 at 313–321 & 333–35. Additionally, there was DNA evidence linking petitioner to the crime scene.
Petitioner was in a romantic relationship with Terry Collins for approximately eight years. They lived together as a couple. During the course of their relationship, Collins introduced petitioner to Williams. Williams, also known as “Foxy,” had a history of prostitution and drug use. Petitioner and Williams became romantically involved, creating conflict between the three women. Collins and petitioner argued about Williams and, during one such argument, petitioner choked Collins to unconsciousness by wrapping her arm around Collins' neck (characterized by the police as a carotid artery hold). Response, Att. I to Exh. B at 223, 234–35 & 246. Collins' daughter, Jennifer Locke, also recalled a time when petitioner choked her mother to unconsciousness. Id. at 247.
On September 2, 2001, Collins punched and grabbed Williams around the neck at a restaurant. Id. at 174, 228–29 & 547–54. During the assault/Collins allegedly screamed “Bitch, I'll kill you if you don't leave my wife alone.” Id. at 551 & 553. Collins was arrested and charged with Assault IV and Menacing. Id. at 550 & 554–55. The following morning, petitioner lured Williams into her truck, drove her to a different location, and repeatedly punched Williams in the face because petitioner was angry that Collins had been arrested. Id. at 174, 229, 234, 427–28 & 564; TR Vol. 4 at 312–18. According to petitioner, this is the only time she was violent toward Williams. Id. at 174, 275 & 454. Several acquaintances, however, told police otherwise.
Curtis Fields, with whom petitioner and Williams once lived, reported to police that he had noticed “choke marks” on Williams' neck, and had seen petitioner slam Williams against the wall and hit her on multiple occasions. Id. at 189 & 214. According to Kathleen Loop and Dennis Plather, Williams told them that fights with petitioner often became physical. Id. at 187 & 191; Motion for Release, Exh. U at 22.
Petitioner's feelings for Collins continued after their breakup, and petitioner became frustrated with Collins' involvement with other women (including “Naomi” and “Jueles”). See Response, Att. I to Exh. B at 198, 214, 930–38, 946–47, 964, 971–80, 1078, 1095 & 1104. Petitioner's frustration is reflected in her journal entries. Id. at 467–68 & 518–22; see also Exh. B at 44. Approximately one week before Williams' murder, Collins told petitioner that she was going to Reno to visit her girlfriend Jueles. Response, Att. I to Exh. B at 198 & 1095. Collins agreed to allow Locke to stay with petitioner provided Williams was not present. Id. at 172, 178, 198, 241 & 257. Williams was angry about having to leave for the weekend. Id. at 176 & 345–46.
On May 24, 2002, the day before the murder, petitioner drove Collins to the airport in Collins' red Mazda pickup. Petitioner kept the truck for her use while Collins was out of town. Id. at 173, 198, 346 & 409. Before going to the airport, they stopped at the Farmhouse Restaurant. According to Collins, petitioner was quiet and appeared upset. Williams repeatedly called petitioner because she was angry that petitioner was with Collins. Id. at 176, 198, 241, 346–47 & 421. At the end of one such call, petitioner stated that both Collins and Williams were “bitches.” Id. at 198. However, according to petitioner, she and Williams made love that evening and/or the following morning.Id. at 177, 275 & 426–27.
On Saturday May 25, 2002, the day Williams was murdered, petitioner picked up Locke for the weekend. Id. at 173, 177 & 242. The following day, the police came to petitioner's home and advised her that Williams was dead. Id. at 171–72 & 443. Petitioner did not inquire into the manner of Williams' death and, upon being informed that it was a homicide, never inquired into how Williams was killed or where she was found. Id. at 173, 414 & 456. According to Locke, after the police left, petitioner called a friend and asked for a gun and two bullets. Id. at 203; see also Att. I to Exh. B at 137–39 & 462.
On May 28, 2002, petitioner picked up Collins from the airport. Petitioner did not tell Collins that Williams was dead, and asked Locke and Julia Patterson (a friend of Collins) not to mention it to Collins. Id. at 200–01, 203 & 205; Motion for Release, Exh. U at 28. On that same day, petitioner told Ed Mills (a friend of Williams) that Williams had been strangled and found nude in a park. Response, Att. I to Exh. B at 206. Police found this suspicious because they believed the manner in which Williams was killed had not been made public.2 Response, Exh. B at 34–35.
According to Collins, petitioner stated on several occasions that she would “take care” of Williams, and put her “six feet under.” Response, Att. I to Exh. B at 197, 229–30 & 1104. Petitioner allegedly made this type of statement just days before Williams' death. Id. at 197–98. Similarly, Locke recalled a time when her mother and petitioner were talking about the need to keep Williams away from Locke. During that conversation, petitioner allegedly stated that she would take care of the problem, even if she had to strangle her. Id. at 248–49.
Pam Larkin, a friend of Collins, reported to police that she overheard petitioner say on two occasions that she would “take care of Foxy.” Id. at 140. Larkin recounted a conversation at the Farmhouse Restaurant approximately one month before the murder. According to Larkin, petitioner looked at her from across the table and said “you will help Terry help me, if I do something stupid,” and then flipped out a knife. Id. at 141–42.
Curtis Fields and his son-in-law, Daniel Miller, told police that on at least five occasions, petitioner asked for help to find some guys to abduct someone. Id. at 214–16 & 343; Motion for Release, Exh. L, TR at 84–85. Petitioner wanted the person to be taken to a secluded area so that she could do bodily harm to her. Response, Att. I to Exh. B at 343. Miller stated that petitioner did not identify the...
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