Sanchez v. Chappell

• Decision Date: 22 July 2015
• Docket Number: Case No. 1:97-CV-06134-AWI-SAB
• Parties: TEDDY BRIAN SANCHEZ, Petitioner, v. KEVIN CHAPPELL, Warden of San Quentin State Prison, Respondent.
• Court: U.S. District Court — Eastern District of California

TEDDY BRIAN SANCHEZ, Petitioner, v. KEVIN CHAPPELL, Warden of San Quentin State Prison, Respondent.

Case No. 1:97-CV-06134-AWI-SAB

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

July 22, 2015

DEATH PENALTY CASE

MEMORANDUM AND ORDER (1) DENYING PETITION FOR WRIT OF HABEAS CORPUS, and (2) ISSUING CERTIFICATE OF APPEALABILITY FOR CLAIMS 8, 59 AND 61

(ECF No. 38 )

ORDER DENYING MOTION FOR EVIDENTIARY HEARING

(ECF No. 120)

ORDER DENYING MOTION AND REWEWED MOTION TO PRESERVE TESTIMONY

(ECF No. 150 & 160)

ORDER DENYING MOTION FOR CASE MANAGEMENT CONFERENCE

(ECF No. 159)

ORDER GRANTING REQUEST TO SEAL AND PROTECT SUPPLEMENTAL LODGED DOCUMENTS

(ECF No. 162)

CLERK TO FILE DOCUMENTS UNDER SEAL

CLERK TO SUBSTITUTE RON DAVIS AS RESPONDENT AND ENTER JUDGMENT

Petitioner is a state prisoner, sentenced to death, proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is represented in this action by Nina Rivkind, Esq., California Bar Number 79173, and David Harshaw III, Esq. of the Office of the Federal Defender.

Respondent Kevin Chappell¹ is named as Warden of San Quentin State Prison. He is represented in this action by Jamie Scheidegger, Esq., and Rachelle Newcomb, Esq., of the Office of the California Attorney General.

Before the court for a decision on the merits is the petition (ECF No. 38). Also before the Court are Petitioner's motions for evidentiary hearing (ECF No. 120) and to preserve testimony (ECF No. 150).

I.BACKGROUND

Petitioner is currently in the custody of the California Department of Corrections and Rehabilitation pursuant to a judgment of the Superior Court of California, County of Kern, following his conviction by court trial on August 3, 1988 of the first degree murders of Juan Bocanegra ("Mr. Bocanegra") and Juanita Bocanegra ("Mrs. Bocanegra") (Cal. Pen. Code § 187), and of the separate (non-capital) first degree murder of Woodrow Tatman ("Mr. Tatman") (Cal. Pen. Code § 187). The multiple-murder special-circumstance allegation (Cal. Pen. Code § 190.2, subd. (a)(3)) as to the murders of Mr. Bocanegra and Mrs. Bocanegra was found true. The trial court also found Petitioner used a deadly and dangerous weapon in the murders of the Mr. Bocanegra and Mrs. Bocanegra (Cal. Pen. Code § 12022, subd. (b)), and that Petitioner was guilty of the robbery of Mr. Tatman. (Cal. Pen. Code § 211.)

On September 21, 1988, a penalty phase jury was empaneled. During the penalty phase, the prosecution introduced evidence (see Cal. Pen. Code § 190.3) that in 1982 Petitioner was involved in the use of, or attempted use of, force or violence against a store owner, Mr. Ammarie, and against a friend, Mr. Pena. Defendant in turn offered evidence of hisdysfunctional and impoverished upbringing and use of drugs and alcohol and mental issues and conditions.

On October 6, 1988, the jury returned a verdict of death. On October 31, 1988, the trial court denied Petitioner's motion to modify the verdict (Cal. Pen. Code § 190.4) and sentenced Petitioner to death for aiding and abetting the stabbing deaths of Mr. & Mrs. Bocanegra; to 25 years to life for the Tatman murder; to 5 years for the Tatman robbery; and to 2 years for the weapon enhancement.

On December 14, 1995, the California Supreme Court affirmed the judgment and sentence on direct appeal. People v. Sanchez, 12 Cal.4th 1 (1995). The California Supreme Court denied petition for rehearing but modified its opinion on February 21, 1996. People v. Sanchez, 12 Cal.4th 825b (1996). Petitioner's petition for writ of certiorari was denied by the United States Supreme Court on October 7, 1996. Sanchez v. California, 519 U.S. 835 (1996).

Petitioner filed a petition for writ of habeas corpus in the California Supreme Court. The state petition was summarily denied on October 22, 1997. In re Sanchez, S049502.

On September 17, 1998, Petitioner filed his federal petition for writ of habeas corpus arguing insufficient evidence, actual innocence, prosecutorial misconduct and ineffective assistance of counsel based on allegations he did not assist Joey Bocanegra ("Joey") in killing Mr. Bocanegra, Joey's father, and that his assistance in the murder of Mrs. Bocanegra, Joey's mother, does not make him eligible for the death penalty.

Respondent filed an answer on October 19, 1998 and an amended answer on February 8, 1999, admitting jurisdictional and procedural allegations (except paragraphs, 1, 16, 18-20), asserting procedural defenses, and denying all claims 1 through 61.

On December 9, 1998, the Court found all claims to be fully exhausted.

On April 5, 1999, Petitioner filed a memorandum of points and authorities in support of the petition. On July 1, 1999, Respondent filed a memorandum of points and authorities in support of his answer. On August 16, 1999, Petitioner filed a reply to Respondent's memorandum.

Petitioner was granted discovery of law enforcement records relating to: the Bocanegra crime scene, Petitioner's jail records, jailhouse informants Charles Seeley ("Seeley") and Rufus Hernandez ("Hernandez"), and coroner Dr. Holloway's autopsy notes. Petitioner was also authorized to take the deposition of Kern County District Attorney Investigator Dwight Pendleton regarding Seeley, and the deposition of Bakersfield Police Detective Stratton regarding Hernandez's heroin use.

Petitioner's request to expand the record was granted (ECF No. 134) for Exhibits 144-151 (declarations), Exhibits 421-434 (law enforcement records), Exhibits 527-528 (depositions), Exhibits 529-532 (Kern County court records), Exhibits 604-608 (Kern County jail records), and Exhibits 818-819 (other documents regarding Charles Seeley). Expansion of the record was denied for Exhibits 524-526 (court orders), but with judicial notice to be taken of proceedings in the Northern District of California in Ashmus v. Woodford, Case No. C93-0594 THE regarding the constitutionality of California's death penalty statute.

Petitioner filed a motion for evidentiary hearing on March 18, 2003 (ECF No. 120), seeking a hearing on forty-one of the sixty-one claims in his petition, twenty-six guilt and special circumstance phase claims and fifteen penalty phase claims.²

On March 3, 2004, Petitioner filed a second motion to expand the record to rebut Respondent's arguments in opposition to the motion for evidentiary hearing. The motion to expand the record was granted on September 27, 2005 (ECF No. 145) as to the supplemental declaration of defense psychologist, Dr. Froming, and as to records of Mr. Huffman, who was Petitioner's lawyer on unrelated burglary charges.

On June 25, 2014, Petitioner filed a motion to preserve testimony (ECF No. 150), seeking to depose seven witnesses, each of whom filed a declaration in support of instant petition. Petitioner filed a renewed motion to preserve testimony on May 1, 2015.

On May 1, 2015, Petitioner filed a motion requesting a case management conference(ECF No. 159) to discuss the above motion for evidentiary hearing.

On June 23, 2015, Respondent filed a supplemental notice of lodging newly obtained state court documents, California Penal Code § 987.9 records # EE through # QQ, (ECF No. 161), and filed notice of his request to seal lodged documents # II and # QQ, (ECF No. 162).

II.STATEMENT OF FACTS

This factual summary is taken from the California Supreme Court's summary of the facts in its December 14, 1995 opinion. Pursuant to 28 U.S.C. §§ 2254(d)(2), (e)(1), the state court's summary of facts is presumed correct. Petitioner does not present clear and convincing evidence to the contrary; thus, the Court adopts the factual recitations set forth by the state appellate court. See Vasquez v. Kirkland, 572 F.3d 1029, 1031 n.1 (9th Cir. 2009) ("We rely on the state appellate court's decision for our summary of the facts of the crime.").

A. Guilt Phase Facts

1. The Bocanegra Murders

On the afternoon of February 3, 1987, the police found the bodies of Juan and Juanita Bocanegra in their home. Juanita was found in her sewing room, and Juan was found in the kitchen. Both had sustained extensive stab wounds and head injuries. A piece of fabric was tied loosely around Juanita's neck, and another piece of cloth was found on her right wrist.

Kern County Sheriff's criminalist Gregory Laskowski analyzed the blood found at the scene and concluded that both victims were killed where their bodies were found. The blood splatter evidence showed that the attack began in the hallway near the bathroom. The fight then moved to the kitchen where large amounts of blood indicated that a struggle took place throughout the room. The evidence indicated a fierce struggle occurred throughout the house. Small amounts of diluted blood in the bathroom suggested that someone cleaned up after the attack.

Laskowski also found evidence of two types of shoe tracks on the floor of the Bocanegra kitchen; one print had a "chevron pattern" and another, partial print, contained a "wavy sole design." A full wavy design shoe track in the bathroom was consistent with the print found in the kitchen. Both victims were found without shoes; Juanita's bloodstained slippers were found in the hallway.

Police found a knife block with four empty spaces in the kitchen. Two knives, without bloodstains, were in the kitchen sink. There were slash marks on the cabinets directly above the knife holder. That same evening, the police recovered a knife and sharpening stone that appeared to have blood on them. No fingerprints were found on these items. But police did find a bloody palm print belonging to defendant's accomplice Robert Reyes on the doorknob inside the Bocanegra frontdoor. Autopsies performed on both Juan and Juanita revealed that they died as a result of massive hemorrhaging due to multiple stab wounds, although the type of instrument that inflicted the wounds could not be conclusively determined.

On February 4, 1987, the Bocanegras' Dodge Colt station wagon was found abandoned. There were extensive bloodstains on both the

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