Segura v. Lizarraga, 1:20-cv-00990-DAD-SKO (HC)

• Decision Date: 27 April 2021
• Docket Number: No. 1:20-cv-00990-DAD-SKO (HC),1:20-cv-00990-DAD-SKO (HC)
• Parties: JACOB JUAREZ SEGURA, Petitioner, v. JOE A. LIZARRAGA, Warden, Respondent.
• Court: U.S. District Court — Eastern District of California

JACOB JUAREZ SEGURA, Petitioner, v. JOE A. LIZARRAGA, Warden, Respondent.

No. 1:20-cv-00990-DAD-SKO (HC)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

April 27, 2021

FINDINGS AND RECOMMENDATION TO DENY PETITION FOR WRIT OF HABEAS CORPUS

[THIRTY DAY OBJECTION DEADLINE]

Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is currently in state prison serving a sentence of life without the possibility of parole plus three years for felony murder and robbery. The habeas petition presents fourteen claims challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED.

I. PROCEDURAL HISTORY

On November 20, 2014, a Stanislaus County jury found Petitioner guilty of first degree felony murder (Cal. Penal Code §§ 187(a), 190.2(a)(17)) and second degree robbery (Cal. Penal Code § 211). (Doc. 18-8 at 22, 25.¹) On January 13, 2016, the court sentenced him to a term of life without possibility of parole on the felony murder conviction, plus a consecutive three-year term on the robbery conviction. Id.

Petitioner appealed to the California Court of Appeal, Fifth Appellate District ("Fifth DCA"). On June 27, 2019, the Fifth DCA affirmed the judgment in its entirety. People v. Koplen, No. F073136, 2019 WL 2647356 (Cal. Ct. App. 2019), as modified on denial of reh'g (July 19, 2019), review denied (Oct. 9, 2019); (Doc. 18-38.) Petitioner filed a petition for review in the California Supreme Court, and the petition was denied on October 9, 2019. (Doc. 18-42.) Petitioner also filed a petition for writ of habeas corpus in the Stanislaus County Superior Court on July 8, 2020. (Doc. 18-43.)

On July 15, 2020, Petitioner filed a petition for writ of habeas corpus in this Court. (Doc. 1.) Respondent filed an answer on October 21, 2020. (Doc. 17.) On November 20, 2020, Petitioner filed a request for extension of time to file a traverse to Respondent's answer. (Doc. 19.) On November 25, 2020, the Court granted an extension of time of sixty (60) days to file a traverse. Petitioner has not filed a traverse, and the time to do so has expired.

II. FACTUAL BACKGROUND

The Court adopts the Statement of Facts in the Fifth DCA's unpublished decision²:

We summarize the material trial evidence. We provide additional facts later in this opinion when relevant for specific issues.

I. The First Incident At The Park (Alex's Robbery/Count II).

The first incident occurred when Alex S. [Fn.3] arrived at a park in Modesto, California, to take home his teenaged girlfriend and her sister. The sisters had been drinking alcohol with appellants, and one sister was passed out on a park bench. Upon Alex's arrival, Segura challenged him to a fight, and Segura threw the first punch. When Alex tried to walk away, Segura attacked him, knocking him to the ground. Segura called for help, and both Garcia and Koplen joined the fight, which moved onto a street near the park. [Fn.4] Alex fell to the ground and appellants took turns striking him. According to Alex, he tried to get up, but he was knocked down again by Garcia and Segura.

[Fn.3] We omit Alex's last name to protect his privacy.

[Fn.4] Alex told the jury Garcia and Koplen looked somewhat confused when Segura called them to join in the fight.

Alex had a cell phone and a knife inside the front pocket of his hooded sweatshirt. Those two items fell from his pocket while he was being attacked. At some pointduring this altercation, either Koplen, Garcia and/or Segura took possession of Alex's phone and knife. [Fn.5] The following day, law enforcement recovered Alex's phone at Koplen's residence. About three and a half months after this fatal night, Alex's knife was recovered in bushes near the park. DNA testing confirmed this knife was used in the subsequent murder.

[Fn.5] On appeal, Garcia and Segura assert it was Koplen who took possession of Alex's property. Koplen denies knowing Alex's property had fallen, asserting Garcia and Segura were on top of Alex, blocking his view.

The testimony was in conflict regarding the duration of appellants' attack. Some witnesses, including Alex, believed Garcia and Koplen were not involved in the fight very long, and Koplen was the first to stop. In contrast, two witnesses, Amber and her son Omar, informed the jury that all three appellants continued to attack Alex until their attack was interrupted. [Fn.6] The jury learned that Amber and Omar had driven to the park to help Alex. Before Alex went to the park to retrieve his girlfriend and her sister, he had called his friend Omar to come get him "in case something happened." Alex told the jury that he had called Omar because he knew appellants "were gangsters and drunk." Amber and Omar testified that they interrupted the fight when they arrived in a vehicle. At that point, appellants were all striking Alex. According to Amber and Omar, Alex was lying in a fetal position in the middle of a street next to the park. All three appellants were kicking and punching Alex, who was still on the ground. At trial, Omar testified he did not see either a phone or a knife on the ground. According to Amber, Alex stood up and she did not see anything on the ground.

[Fn.6] To protect their privacy, and to avoid confusion, we omit Amber's and Omar's last names.

Alex and his girlfriend got into Amber's vehicle, and they were driven away. They quickly realized, however, the other sister was still in the park. Amber drove back to retrieve her. Upon returning, one appellant (likely Segura with a red plaid shirt) acted like he wanted to continue fighting. He reached for his belt, acting like he had a knife, but he never showed a weapon.

Amber exited the vehicle and went to retrieve the passed-out sister. Near a park bench, she told two appellants (likely Koplen and Garcia) that she did not "want any drama," and she was taking the girl. One or both of these appellants helped carry the passed-out sister to Amber's vehicle. [Fn.7] Alex and the two sisters were driven away without further incident.

[Fn.7] Some of Amber's testimony may have suggested that Garcia was nice and polite to her while Koplen seemed angry and was vulgar.

At trial, Alex testified he had realized his knife was missing before he got into Amber's vehicle. He said he may have heard his phone fall out during the altercation, but he was not sure. According to Alex, "everything was just happening too fast." According to a detective, Alex reported he had heard his phone and knife fall out of his hoodie when all three appellants knocked him to the ground. Around the time Amber's vehicle arrived, Alex had realized his phone and knife were missing.

At about 8:24 p.m., a neighbor called 911 to report this first incident.

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II. The Second Incident At The Park (The Murder Of Tylor/Count I And The Attempted Robberies Of Tylor And Brittany/Counts III And IV).

While the incident with Alex was occurring, the other two victims, Tylor Crippen and his girlfriend, Brittany W., [Fn.8] were on the other side of the park. Earlier in the evening, Tylor and Brittany had walked past the park and they had stopped near a bus stop. They stood there about 10 or 15 minutes, holding hands and kissing. At trial, Brittany described Tylor as very quiet and shy. He was "really short" and "really petite."

[Fn.8] We omit Brittany's last name to protect her privacy.

Less than six minutes after the incident with Alex, appellants emerged from the park and approached Tylor and Brittany. Tylor had his back to appellants as they approached. One appellant asked them for a cigarette. [Fn.9] After Tylor and Brittany said they did not smoke, the same appellant punched Tylor in his back. Tylor ran into the park. As he ran, he yelled, "Leave her alone." The other two appellants chased him, and one yelled they were going to cut off his "dick." [Fn.10]

[Fn.9] Trial evidence suggested Koplen smoked cigarettes. At trial, the prosecution's gang expert opined that asking for a cigarette was a "ruse" designed to lower Tylor's and Brittany's guard.

[Fn.10] The jury heard conflicting testimony regarding the sequence of when the two suspects chased Tylor. At trial, Brittany agreed on cross-examination that the two suspects "immediately" chased Tylor when he ran. However, according to a detective, Brittany initially reported the two suspects did not chase after Tylor until he had crossed the street and entered the park.

The remaining appellant threatened Brittany with a knife. He ordered her to give him everything she had. After showing him she had nothing, he said, "Stay there, bitch." Brittany's assailant then also ran after Tylor. A short time later, Brittany heard Tylor scream in pain and call out her name from inside the park.

Brittany sought assistance at a nearby house, pounding on its front door. Appellants reappeared, walking from the park. One told her to "go back inside [your] house, bitch." This suspect was wearing "a black pullover" and he did not have long hair. He lifted his shirt and Brittany saw an apparent gun handle. She fell to her knees and begged them not to hurt her. Appellants fled when a residence's owner opened the front door. At about 8:30 p.m. (six minutes after the first 911 call), the resident called 911 and handed the phone to Brittany, who reported the second incident.

III. Tylor's Body Is Discovered.

At about 8:39 p.m., a responding police officer found Tylor inside the park lying unresponsive in a pool of blood. His pulse was very weak. He was taken to a hospital by ambulance. He was declared dead at about 9:18 p.m. Tylor died due to blood loss from stab wounds to his heart and liver. He also suffered a third superficial cut to his torso.

At trial, the pathologist opined Tylor could have walked a short distance after he was stabbed. A hip abrasion suggested Tylor had fallen. The pathologist saw no other evidence of bruising.

Tylor was 18 years

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