Stermer v. Warren

• Citation: 360 F.Supp.3d 639
• Decision Date: 20 December 2018
• Docket Number: Case Number: 2:12-CV-14013
• Parties: Linda STERMER, Petitioner, v. Millicent WARREN, Respondent.
• Court: U.S. District Court — Eastern District of Michigan

360 F.Supp.3d 639

Linda STERMER, Petitioner,
v.
Millicent WARREN, Respondent.

Case Number: 2:12-CV-14013

United States District Court, E.D. Michigan, Southern Division.

Signed December 20, 2018

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Sheldon Halpern, Sheldon Halpern Assoc., Huntington Woods, MI, for Plaintiff.

Andrea M. Christensen-Brown, John S. Pallas, Laura Moody, Linus R. Banghart-Linn, Michigan Department of Attorney General, Lansing, MI, for Respondent.

OPINION AND ORDER GRANTING A CONDITIONAL WRIT OF HABEAS CORPUS AND ORDERING PETITIONER'S RELEASE ON BOND

Arthur J. Tarnow, United States District Judge

Linda Stermer has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging her first-degree felony murder conviction for which she is serving a life sentence. The predicate felony for the first-degree murder conviction is arson. The prosecutor committed misconduct in his closing argument by commenting on

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the credibility of witnesses, repeatedly labeling Petitioner, who did not testify, a liar, and misrepresenting the facts of the case. Trial counsel's failure to object to the misconduct was constitutionally ineffective as was counsel's failure to consult a fire investigation expert. To the extent that the state court denied these claims on the merits, the state court's determination to the contrary was an unreasonable application of clearly established Supreme Court precedent.

The Court grants a conditional writ of habeas corpus.

I. Background

A. Summary of Case

Petitioner's convictions arise from the death of her husband Todd Stermer. He died from injuries suffered in a fire on January 7, 2007, at the rural home he and Petitioner shared in Lawrence Township. Petitioner and her husband were both home when the fire started. Petitioner was in the basement laundry room and managed to escape with no injuries. Her husband escaped from the home's first floor, but was badly burned and died at the scene. He also suffered blunt force injuries which were consistent with having been struck or run over by a vehicle. Petitioner was arrested and charged on June 5, 2009 – over two years after the fire occurred. The prosecution's theory of the case was that Petitioner intentionally set the fire, and that, when her husband escaped from the fire, Petitioner intentionally ran him over. The defense contended that the fire was either accidentally set or intentionally set by Mr. Stermer. The defense also argued that Petitioner accidentally struck her husband with a vehicle when she was attempting to drive to a neighbor's house for help.

No accelerants were detected inside the home. Mr. Stermer's clothing tested positive for an accelerant (gasoline), but Petitioner's did not. The prosecution's expert concluded that the fire was intentionally set and that Mr. Stermer had been at the center of the fire. Petitioner argued that this evidence, when considered alongside the fact that two of Mr. Stermer's previous homes were destroyed by suspected arson fires, supported her defense. She also argued that an oil lamp and burning candles present in the family room might have accidentally started the fire.

B. Relevant Trial Testimony

Dr. Michael Markey performed an autopsy of Todd Stermer and testified as an expert in forensic pathology. He identified the cause of Mr. Stermer's death as burns and smoke inhalation. He found the injuries consistent with Mr. Stermer being on fire rather than simply being present in the burning house. Dr. Markey also found lacerations and blunt force injuries to the head which were consistent with being run over by a vehicle. No prescription drugs or controlled substances were found in his blood, but Vicodin was found in his urine. Vicodin remains detectable in urine longer than in blood, so it was possible that he took Vicodin several hours or days before his death, such that it was no longer detectable in his blood.

Sandra Stermer, the deceased's mother, testified that two of her son's previous homes had been destroyed by fire. He owned the first, located in Portage, Michigan. The second, located in Three Rivers, was destroyed by fire when he was in the process of buying the home from his grandmother. Her son suffered significant financial problems over the years and she had loaned him tens of thousands of dollars. Other family members had also loaned him money.

Steven Leach, who, in 2007, was the Fire Chief for Lawrence Township, lived on the same street as the Stermers and

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was the first emergency responder at the scene. He testified that the amount of smoke and fire he saw were indicative of a fast-moving fire or one that had been burning for a long time. Leach drove to the Stermers' home and parked his vehicle on the grass in front of the home. He noted that the ground was "sloppy." Leach rendered first-aid to Todd Stermer and noted that Linda Stermer was crying and hysterical.

Van Buren Deputy Sheriff Tony Evans arrived at the Stermer house at approximately 3:30 p.m, roughly seven minutes after dispatch received the call. When he arrived, the home appeared fully engulfed in flames. He observed Linda Stermer, Steven Leach, and several neighbors on the north side of the residence. Deputy Evans also observed Mr. Stermer lying on the ground. He appeared to be badly burned and wore only a pair of grey sweatpants which were pulled down around his ankles. A number of clothing items were draped over him. In addition to burns, Deputy Evans noted that Mr. Stermer was bleeding from his head and had a laceration to the back of his head. Linda Stermer was lying over him and yelling his name repeatedly. Deputy Evans assisted others in moving Mr. Stermer to a location farther from the home and adjacent oil tank in case the oil tank became engulfed.

Deputy Evans noticed a Ford van parked behind the home. The van appeared to be running. As he approached, he saw what he thought was blood on the front driver's side.

The Stermers' neighbor Mike Matheny testified that, as he and his girlfriend Connie Calhoun were leaving their home on January 7, 2007. They noticed smoke and flames coming from the direction of the Stermers' home. Matheny drove his vehicle up the Stermers' long driveway and saw the Stermer family van backing away from the house and then moving forward again. Petitioner stepped out of the van. She was hysterical, but managed to tell Matheny that her children were not in the home. Matheny advised Calhoun to call 911. Petitioner then pointed out her husband lying on the ground. Matheny had walked past Mr. Stermer two or three times without seeing him. He appeared to be unclothed except for boots and to be severely burned. Matheny grabbed clothing from his own vehicle and placed the clothing on top of him.

Detective Gabrielle Rought interviewed Petitioner on the day of the fire and two days later. Petitioner told Detective Rought that, on the day of the fire, her husband awoke at 10:00 a.m. feeling ill. They briefly argued. Petitioner did not want their three sons to hear the argument, so she sent them to the mall. Mr. Stermer was watching television in the living room when she went to do laundry in the basement. She heard her husband scream. She ran up the stairs and saw smoke and fire. Petitioner ran outside and got in the family van to go for help. She saw her husband on fire in the side yard. She attempted to turn the van around, then, when she did not see him anymore she exited the van and found him lying on the ground.

James Shinsky was employed as a private fire investigator in January 2007. His employer was contacted by State Farm Insurance Company to conduct a cause and origin investigation of the fire. As part of his investigation, he interviewed Petitioner on January 9 and 10, 2007. Both interviews took place in vehicles parked in the driveway of the Stermer home. The interviews were transcribed and the entire transcript was admitted as a trial exhibit. Shinsky read from substantial portions of the transcript.

Petitioner's narrative of what occurred on the day of the fire was told to the jury

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during Shinsky's reading of the transcript. Petitioner told Shinsky that, on the morning of the fire, her husband was angry because she failed to record purchases in the checkbook. At some point in the morning, Petitioner went to a nearby Marathon gas station, purchased breakfast, and filled her Chevy Blazer with gasoline. She told their three sons that she would give them money so they could go to the mall because she and Mr. Stermer needed to discuss some things. After doing some chores and taking a short nap, Petitioner gave her husband medication for an ear infection and then she went to the basement to do laundry. There was a towel in the laundry that smelled like fuel or gas, which her husband had placed there. Petitioner heard her husband yelling at her and then heard him scream. She ran up the stairs and saw fire spanning from their bedroom to the living room. She could not see very well because of the smoke and flames, but saw that her husband's entire upper...