Rowland v. Chappell, C 94–3037 WHA.

• Decision Date: 02 October 2012
• Docket Number: No. C 94–3037 WHA.,C 94–3037 WHA.
• Citation: 902 F.Supp.2d 1296
• Parties: Guy Kevin ROWLAND, Petitioner, v. Kevin CHAPPELL, Warden, Respondent.
• Court: U.S. District Court — Eastern District of California

902 F.Supp.2d 1296

Guy Kevin ROWLAND, Petitioner,

v.Kevin CHAPPELL, Warden, Respondent.

No. C 94–3037 WHA.

United States District Court, N.D. California.

Oct. 2, 2012.

Michael Robert Levine, Attorney at Law, Portland, OR, Joel Levine, Joel Levine A Professional Corporation, Costa Mesa, CA, for Petitioner.

ORDER GRANTING SUMMARY JUDGMENT FOR RESPONDENT

WILLIAM ALSUP, District Judge.

Petitioner Guy Kevin Rowland, a California state prisoner sentenced to death, seeks a writ of habeas corpus under 28 U.S.C. 2254. Respondent now moves for summary judgment on all of petitioner's claims. For the following reasons, respondent's motion is Granted.

FACTUAL BACKGROUND¹

On February 11, 1987, petitioner Guy Kevin Rowland was charged with one count of first-degree murder with the special circumstance that the murder took place during the commission of rape and one count of rape. The information alleged 12 prior felony convictions and that petitioner was on parole when he committed the offense.

Petitioner was represented at trial by attorneys Charles Pierpont and James Courshon. Evidence at trial established that on March 16, 1986, Marion Geraldine (“Geri”) Richardson went to the “Wild Idle” bar in Byron, Contra Costa County.² Geri lived with her mother in Byron and worked as a cook at the Boys' Ranch. She regularly snorted methamphetamine and evidently had a vial of the substance in her possession.

Petitioner was also at the bar. He socialized with Geri for a while. According to an off-duty bartender, petitioner was “coming on” to Geri, but she did not respond positively. Before 10 p.m., petitioner left the bar. Some time later, Geri told her friend, Jeanne Weems, that she had a terrible headache and needed to go home to get some sleep as she had to go to work early the next morning. She left the bar alone. Apparently, she drove away in her car. Her vehicle was later seen parked at an odd angle about half a block from the bar. It was empty and unlocked.

In the hours that followed, petitioner brutally beat Geri about the head, face and elsewhere. He also had intercourse with her, evidently against her will. According to expert testimony, Geri had a bruise on her inner thigh which could have been caused by someone using a knee to force the knees apart. Petitioner also choked Geri twice, killing her the second time. Before her death, Geri ingested a potentially lethal dose of methamphetamine. It appears that petitioner put the methamphetamine in her mouth, as apparently she could not have snorted the requisite amount of the substance or would not have done so voluntarily.

Petitioner hauled Geri's body in his truck to the vicinity of Half Moon Bay, dragged it across the ground and dumped it in the ocean. On March 17, at around 7 a.m., petitioner arrived at the house of his lover, Susan Lanet, in Livermore. He appeared disturbed and said he wanted to leave the state. Petitioner and Lanet shared some methamphetamine. He admitted to Lanet that he had killed Geri and asked her whether she wanted Geri's belongings, including a ring and make-up. Lanet declined. Petitioner offered her $20 to clean his truck and remove “blood and every strand of hair.” Lanet pretended to accept, but then called the police. Petitioner was arrested as he attempted to flee. At around 9:45 a.m., Geri's body was found at the base of a cliff by Moss Beach near Half Moon Bay. Blood and other evidence in petitioner's vehicle tied him to the killing.

At the guilt phase of the trial, petitioner did not present any evidence, call witnesses or take the stand. His primary defense was that the evidence did not establish first-degree murder or rape. On May 13, 1987, the jury convicted petitioner of first-degree murder and rape and also found true the special circumstance allegation of felony murder in the course of rape.

During the penalty phase, the prosecution offered in aggravation: (1) the circumstances of the offenses, (2) other criminal activity perpetrated by petitioner, and (3) his prior felony convictions. As to other violent criminal activity, the prosecution presented evidence during the penalty phase to the following effect:

On April 4, 1978, petitioner entered the residence of Harriet Larson in San Ramon. Attempting to escape, he battered Larson, who was 63 years old. She suffered a crushed vertebra and was hospitalized for 11 days.

On October 4, 1980, petitioner lured 26 year-old Tereza V. out of a bar in Pleasanton to a park with an offer to share cocaine. At the park, he made sexual advances. She rebuffed him. He assaulted, battered and raped her.

On November 7, 1980, together with a male partner, petitioner lured Lisa V. and Caren F. into a truck in Fremont with a false offer of a ride. Both girls were 13 years old. Petitioner and his counterpart then kidnapped the girls. Caren escaped. Petitioner helped his partner rape Lisa twice. He raped her six times, caused her to orally copulate him, sodomized her twice, and fondled her. During the attack, he threatened her with death if she resisted.

On March 11, 1986, petitioner got into an argument with his step-sister, Keli T., in the home she shared with her mother and stepfather in Pleasanton. They argued about the locking of a door. The underlying cause, however, was apparently something else: petitioner had expressed a romantic interest in Keli. She responded with antagonism. During the argument, petitioner picked up a knife and punched his fist through the door of Keli's bedroom. Petitioner assaulted her and threatened her with death.

On March 11, 1986, petitioner was introduced to Patricia G. by Susan Lanet at Lanet's home. The trio used methamphetamine. Later, petitioner offered to drive Patricia G. home. Instead, he drove her to the top of a cliff that loomed over a body of water. During the trip, he beat her. At the cliff, he pulled her out of the car, beat her, told her he was going to kill her and throw her body off the cliff. He told her to undress. She complied. He continued to beat and choke her. Although the matter is uncertain, he may have raped her. He then drove her to his mother's house, where he kept her in the bathroom against her will for a time period. He called Lanet and admitted what he had done. Petitioner asked Patricia for some time before she called the police and then fled.

As to prior felony convictions, the prosecution presented evidence that petitioner was convicted on June 8, 1981, of the following offenses arising out of the Lisa V./Caren F. incident: two counts of sodomy, one count of lewd and lascivious conduct with a child under fourteen years of age, and one count of oral copulation.

In mitigation, petitioner offered evidence to the following effect. He was born into a middle class family in 1961. He had a brother and two sisters and was at least of average intelligence. His parents had a violent, alcoholic marriage. His mother, especially, neglected and abused him. She twice attempted to drown him in the bathtub when he was a baby. As a toddler, he experienced night terrors and convulsions. At a young age, he commenced psychotherapy and drug therapy. In school, he experienced learning disabilities and behavioral problems. With time, he started to abuse alcohol and drugs. He went on to spend time in correctional facilities. At various points in life, petitioner was diagnosed with various mental conditions, including hyperactivity. At the time of trial, when he was 26, petitioner was diagnosed with borderline personality disorder.

Petitioner also offered the background of members of his family. His parents each came from violent, alcoholic backgrounds. His mother was sexually molested by her father. His father, at age eleven, was given gifts in exchange for sexual favors by a neighborhood man. Petitioner's mother once put his sister's head in the oven when she was a baby and turned the gas on. His father later sexually molested that same sister. Under the influence of alcohol, his father abused his mother.

Following deliberations after the penalty phase, the jury returned a verdict of death for the murder of Geri.

PROCEDURAL BACKGROUND

The California Supreme Court affirmed petitioner's conviction on December 17, 1992, Rowland, 4 Cal.4th at 238, 14 Cal.Rptr.2d 377, 841 P.2d 897, and summarily denied his petition for a writ of habeas corpus on June 1, 1994. On June 28, 1996, petitioner filed a federal habeas petition. This petition was later amended to delete unexhausted claims. An amended petition containing newly exhausted claims was filed on August 6, 1997. Respondent filed an answer on October 16, 1997. On January 16, 1998, petitioner filed a traverse.

On August 15, 2002, an order herein determined that claims 6, 8 and 10, as well as portions of claims 13 and 14, were procedurally defaulted. Subsequent orders ruled that petitioner had failed to demonstrate cause and prejudice to overcome the defaults. On November 30, 2005, petitioner filed a motion to once again amend his petition. The motion was granted. The third amended petition was filed on October 29, 2007. A corrected copy was filed on November 19, 2007. An amended answer was filed on March 24, 2008. An amended traverse was filed on September 16, 2009.

Respondent now brings a motion for summary judgment on all claims in the petition. Petitioner opposes respondent's motion and requests an evidentiary hearing on all claims.

LEGAL STANDARDS

1. The Antiterrorism and Effective Death Penalty Act

AEDPA applies to this case because petitioner filed his original habeas petition on June 28, 1996, several months after the enactment of the AEDPA.³See Woodford v. Garceau, 538 U.S. 202, 206, 123 S.Ct. 1398, 155 L.Ed.2d 363 (2003). Pursuant to AEDPA, a district court may not grant a writ of habeas corpus with respect to any claim that was adjudicated on the merits in state court unless the state court's adjudication of the claim: “(1) resulted in a decision that was contrary to, or involved an unreasonable...