Samayoa v. Ayers

• Decision Date: 09 January 2009
• Docket Number: Civil No. 00cv2118-W (AJB).
• Citation: 649 F.Supp.2d 1102
• Parties: Richard Gonzalez SAMAYOA, Petitioner, v. Robert L. AYERS, Jr., Warden of the California State Prison at San Quentin, Respondent.
• Court: U.S. District Court — Southern District of California

649 F.Supp.2d 1102

Richard Gonzalez SAMAYOA, Petitioner, v. Robert L. AYERS, Jr., Warden of the California State Prison at San Quentin, Respondent.

Civil No. 00cv2118-W (AJB).

United States District Court, S.D. California.

January 9, 2009.

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Richard Gonzales Samayoa, San Quentin, CA, pro se.

Glen P. Niemy, Law Offices of Glen P. Niemy, Bridgton, ME, Michael G. Millman, California Appellate Project, San Francisco, CA, for Petitioner.

ORDER DENYING PETITIONER'S MOTION FOR EVIDENTIARY HEARING [Doc. No. 77]; DENYING PETITIONER'S MOTION FOR SUMMARY JUDGMENT [Doc. No. 78]; DENYING THE PETITION

THOMAS J. WHELAN, District Judge.

Petitioner Richard Gonzalez Samayoa has moved for an evidentiary hearing and/or summary judgment on several of the claims in his Amended Consolidated Petition for Writ of Habeas Corpus; Respondent Robert L. Ayers, Jr. opposes both motions.

Oral arguments were held before U.S. District Judge Thomas J. Whelan on December 11, 2008. Appointed counsel Glen Niemy appeared on behalf of Petitioner, and Deputy Attorney General Marilyn L. George of the California Attorney General's Office appeared on behalf of Respondent. Upon consideration, the Court DENIES Petitioner's motion for evidentiary hearing on Claims 1 and 4-10, DENIES Petitioner's motion for summary judgment on Claims 1 and 6 and DENIES habeas relief as to all claims.

I. PROCEDURAL HISTORY

By an amended complaint filed February 21, 1986, Petitioner Richard Gonzales Samayoa was charged with the special circumstance murders of Nelia and Katherine Silva on December 18, 1985. He was also charged with the crime of burglary with a dangerous weapon. An Information alleging these same offenses was filed on January 7, 1987, and an identical Amended Information was filed on April 18, 1988.

Petitioner was convicted on April 21, 1988, of two counts of first-degree murder in violation of California Penal Code § 187 and one count of burglary in violation of Cal.Penal Code § 459-each count with findings that Petitioner used a deadly weapon in the commission of the crimes in violation of Cal Penal Code § 12022(b). Petitioner was also found guilty of the two special circumstance allegations; multiple murder under Cal Penal Code § 190.2(a)(3), and murder in the attempted commission of a burglary under Cal.Penal Code § 190.2(a)(17)(vii). The jury returned a verdict of death for the murders on May 4, 1988, and the court entered judgment in accordance with the verdict on June 28, 1988, issuing a stay of the sentence on the non-capital count and the enhancements pending appeal.

Petitioner filed his opening brief on automatic appeal to the California Supreme Court on July 19, 1995, raising twenty (20) separate issues including, but not limited to, claims of an insufficient appellate record, errors in jury selection, denial of access to personnel files of prosecution witnesses, jury instruction errors, violations of the Confrontation Clause, prosecutorial misconduct, and constitutional challenges to the death penalty statute. The California Supreme Court denied the appeal on June 19, 1997. People v. Samayoa, 15 Cal.4th 795, 64 Cal.Rptr.2d 400, 938 P.2d 2 (1997). On August 13, 1997, the state court denied the petition for rehearing. Petitioner filed a Writ of Certiorari with the United States Supreme Court, which was denied on February 23, 1998.

On February 3, 1997, Petitioner filed a habeas petition with the California Supreme Court, raising thirteen (13) grounds for relief including, but not limited to, claims of Petitioner's incompetency, police coercion in obtaining the confession, trial court errors, ineffective assistance of counsel during both the guilt and penalty phases, Brady error, denial of psychiatric assistance, prosecutorial misconduct, and constitutional challenges to the death penalty statute. Petitioner was not granted an evidentiary hearing on these claims and his petition was summarily denied on the merits on September 27, 2000.

On October 16, 2000, Petitioner filed a request for appointment of counsel to handle his federal habeas petition. Counsel was appointed on March 5, 2001, and Petitioner filed an initial Petition in this court on January 28, 2002. After several claims were found to be unexhausted, Petitioner filed a second state habeas petition in the California Supreme Court on November 4, 2003. The state court denied the petition on March 16, 2005. On September 14, 2005, the court granted Petitioner leave to amend the current petition by adding two claims. Petitioner filed an Amended Consolidated Petition in this court on October 13, 2005. Respondent filed an Answer on June 12, 2006. Petitioner filed a Traverse on November 22, 2006.

On January 9, 2007, the Court ordered additional briefing on the potential need for an evidentiary hearing, and whether Petitioner requested summary judgment on any claims. On April 6, 2007, Petitioner filed a Motion for Evidentiary Hearing, and on April 9, 2007, Petitioner filed a Motion for Partial Summary Adjudication. On August 7, 2007, Respondent filed an Opposition to Petitioner's Motions, and on October 17, 2007, Petitioner filed Reply briefs.

II. TRIAL PROCEEDINGS

1. The Guilt Phase

A. Prosecution Case In Chief

The prosecution established that Nelia Silva picked up her daughter Katherine from the babysitter's home across the street from her home at approximately 6 p.m. on December 18, 1985. (RT 3058-63.) Victoria Cruz, who was visiting a friend in the neighborhood that night, testified that she heard an "awful yell" and screaming that was like an "animal sound" without any words, and then saw smoke coming from the Silva home. (RT 3066-73.) Ms. Cruz and another person went into the home to investigate, where they saw a child with blood near her head and a half dressed lady down the hall and they ran out of the home to call police. (RT 3073-76.)

Rolando Silva, the husband and father of the victims, found them when he arrived home from work and went to get help. (RT 3322-34.) Mr. Silva testified that multiple pieces of jewelry were missing from the house and identified the pieces found in his yard by the police, as well as the jewelry turned over to police by members of the Samayoa family, as belonging to him or his wife. (RT 3334-45.)

Howard Lahore of the San Diego Police Department was the first officer on the scene, and testified there was smoke coming from the home, which he entered. (RT 3076-81.) Lahore found both victims, and stated they were both obviously dead, with the woman's head "caved in." (RT 3081-84.) San Diego firefighter Joseph Taormina was called to describe the condition of Nelia Silva's body, and firefighter Lorraine Harris described the condition of Katherine Silva's body. (RT 3092-3106.)

Several of Petitioner's family members were called to testify about jewelry Petitioner gave them shortly after the murders. Mercedes Samayoa, Petitioner's mother, identified the jewelry which Petitioner had in his possession after Christmas time. (RT 3108-3112.) Mrs. Samayoa stated she heard the police ask about jewelry, so the family turned the items over to police, in addition to turning over a jewelry box. (RT 3112-17.) Deana Samayoa, Petitioner's sister, testified about jewelry her brother gave her after the murders, which Petitioner told her he had made. (RT 3122-28.) Inez Sykes, another sister of Petitioner, found jewelry in her bathroom just before Christmas, which Petitioner said belonged to him, and which she also turned over to the police. (RT 3128-37.)

Raul Samayoa, Petitioner's brother, testified that he was working with Petitioner in the garage the day of the murders, and identified a wrench which looked like one belonging to him which had been found in the victim's yard. (RT 3139-46.) He also testified that he found a jewelry box in the family yard after police told them about it, which was turned over. (RT 4142-46.) Oscar Samayoa, one of Petitioner's brothers, testified that after the murders Petitioner gave him a ring to give to a girl, and he found a necklace in Petitioner's room. (RT 3156-64.) Samayoa also testified that he once helped the victim, Nelia Silva, install a stereo in her home, but that was the only time he was ever inside her house. (Id.)

San Diego Police Department evidence technician Larry Fregia testified that he took photos of the scene and collected evidence the evening of the murder, including the wrench, earring back, earrings, military service ribbon, and other items that were seized and processed. (RT 3166-3214.) Fregia testified that these items were tested for fingerprints, but none were recovered. (RT 3214-19.) Fregia found some latent prints on the walls of the home, which he sent for processing, and also got fingernail scrapings from Nelia Silva. (RT 3219-3224.) He collected the fingerprints and fingernail scrapings of Nelia Silva and her husband, but did not fingerprint Katherine Silva. (RT 3224-27.)

A forensic pathologist, Dr. Robert Bucklin, performed the autopsies on both victims. (RT 3227-34.) He testified that Nelia had suffered crushing blows to her head and jaw, suffered 15 lacerations to her face alone and 24 total to her head, including skull fractures, and opined that death would not have been immediate, but would have occurred within a few minutes of the injuries to the skull. (RT 3234-54.) He testified that Katherine Silva suffered three blows, with one blow being severe enough to have fractured her skull base, opining that she would have been unconscious and also would have died within a few minutes of sustaining the injuries. (RT 3254-61.) Dr. Bucklin stated it was hard to separate the wounds of each victim as there was overlap; he also found several wounds to the victim's hands, but could not conclusively determine if the wounds were defensive, and stated that no sperm was found in Nelia Silva. (RT...