Taylor v. Martin
| Decision Date | 12 March 2020 |
| Docket Number | Case No. CIV-16-462-RAW-KEW |
| Parties | WESLEY A. TAYLOR, Petitioner, v. JIMMY MARTIN, Warden, Respondent. |
| Court | U.S. District Court — Eastern District of Oklahoma |
This matter is before the court on Petitioner's petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. [Doc. 1]. Petitioner, a pro se prisoner in the custody of the Oklahoma Department of Corrections, is currently incarcerated at the North Fork Correctional Center in Sayre, Oklahoma. Following a jury trial, Petitioner was convicted of one count of sexual abuse of a child under twelve (12), in violation of 21 O.S.Supp.2011, § 843.5(F), in Okfuskee County District Court Case No. CF-2014-60. He was sentenced to life imprisonment in accordance with the jury's recommendation.
Petitioner is attacking his conviction and sentence and sets forth eight grounds for relief within the § 2254 petition:
Respondent concedes that the Petitioner has exhausted his state court remedies for the purpose of federal habeas corpus review and that the § 2254 petition is timely filed. [Doc. 8 at 2].1 The grounds for relief within the § 2254 petition were presented to the Oklahoma Court of Criminal Appeals ("OCCA") on direct appeal.2 Petitioner did not file an application for post-conviction relief in the state district court.
The following have been submitted for consideration in this matter:
A. Petitioner's direct appeal brief.
B. State's brief in Petitioner's direct appeal.
C. Summary Opinion affirming Petitioner's judgment and sentence.
D. State court record.
E. Transcripts.
F. DVD - State's Exhibit 1.
Under the Antiterrorism and Effective Death Penalty Act, federal habeas corpus relief is proper only when the state court adjudication of a claim:
(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.
28 U.S.C. § 2254(d).
Jolanda Williams and various family members shared a home in Little, Oklahoma, towards the end of 2013. [Doc. 9-3 at 191-93; Doc. 1 at 5]. Others in the home included Ms. Williams' sister, Vita Ledbetter; Ms. Williams's daughter, Randi Nauni, and her husband, Murphy, along with their two children; and Ms. Williams' son, Nathan Nauni, and his two children. Id. It was also during this time that Nathan's girlfriend, Precious Severs, and her two children, R.S., a six-year-old, and C.J.S., a three-year-old, moved into the residence. Id. at 194.
Precious worked with Nathan at a casino, and often worked a night shift. Id. at 193, 195. Ms. Williams regularly took care of R.S. and C.J.S. when Nathan and Precious went to work. Id. at 195. Ms. Williams and R.S. bonded during this time and had a great relationship. Id. at 194-95.
R.S. occasionally stayed with her grandmother, Rachael Taylor, in Okemah, a city located in Okfuskee County, Oklahoma. [Doc. 9-3 at 196; Doc. 9-4 at 31]. Petitioner, Ms. Taylor's husband, was also present in the home from time to time. [Doc. 9-4 at 40, 44, 136-38]. The child had a close relationship with Ms. Taylor, but at some point, the child no longer wanted to go to her grandmother's residence, and preferred staying with Ms. Williams. [Doc. 9-3 at 196-97; Doc. 9-4 at 21].
Ms. Williams, Ms. Nauni, and Ms. Severs started to notice significant behavioral changes within a few months of the child moving to Ms. Williams' residence. [Doc. 9-3 at 197; Doc. 9-4 at 8, 21-22]. In particular, R.S. was getting in trouble at school and was withdrawn at home, and started playing naughty with other children by taking off their clothing and touching their private areas. [Doc. 9-3 at 198, 207-08; Doc. 9-4 at 9].
Ms. Williams spoke to R.S. multiple times, explaining that the behavior was not appropriate. [Doc. 9-3 at 197-202]. Ms. Severs also told her child that she "wasn't supposed to be playing like that" while under the covers with other kids. [Doc. 9-4 at 24]. Eventually, in an effort to understand why R.S. was acting out, Ms. Williams asked the child "Has anybody ever touched you like that?" [Doc. 9-3 at 202]. R.S. dropped her head for a moment, and then looked up, stating "Yes, they have, Grandma Jo, and it was Alan [the Petitioner]." Id. After that, R.S. started crying. Id. Ms. Nauni was also present and heard the child's statement about the Petitioner. [Doc. 9-3 at 209; Doc. 9-4 at 10].
R.S. told Ms. Williams that she had been at Ms. Taylor's house and that her grandmother and Petitioner were drinking beer. [Doc. 9-3 at 204]. Later that night, the child was on a pallet next to the bed, near Petitioner, and Petitioner put his hands in the child's panties and started touching the child's vagina. Id. at 204-05. The child's grandmother was sleeping on the opposite side of the bed next to the wall. Id. at 205. R.S. started crying and said "Grandma." Id. The child's grandmother did not wake up, but the Petitioner stopped when R.S. called for her grandmother. Id. Ms. Williams did not ask the child whether Petitioner had touched her on more than one occasion, but she did ask "Why didn't you tell somebody?" Id. R.S. told Ms. Williams that she did not want "her mom to get mad," and did not want "to make her grandma sad." Id. at 206. The child also told Ms. Williams that her grandma usually slept on the side of the bed closest to the pallet, but on that night, Petitioner was sleeping closest to the pallet. Id.
Ms. Williams and Ms. Nauni told the child's mother about the abuse when she returned from work. [Doc. 9-4 at 25]. Ms. Severs testified that, once she found out about the abuse, she cried and "didn't know what to do," and "didn't know how to handle it," but knew "[she] had to report it." Id.
The following morning, R.S. asked her mother if Ms. Williams and Ms. Nauni had told her about Petitioner, and asked her mother, "Are you mad at me?" Id. at 26. Ms. Severs told her child, "No, I'm so proud of you for telling it." Id. Ms. Severs then asked, "Baby, will you tell me . . . so I can hear it from you, what happened?" Id. At that time, R.S. told her mother that Petitioner touched her "in her private areas." Id. R.S. later said "Mama, it would hurt and I would cry." Id. at 27.
The child's mother filed a police report and cut off all ties with Petitioner. Id. at 30. The child's poor behavior and acting out sexually with other kids stopped after R.S. shared what happened and was no longer around Petitioner. [Doc. 9-3 at 208-09; Doc. 9-4 at 14].
Laurie Mallinson, a child advocate and forensic interviewer, conducted a video recorded forensic interview with R.S. on January 17, 2014. [Doc. 9-4 at 69, 71-72; DVD - State's Exhibit 1]. The child's statements to Ms. Williams, Ms. Nauni, and Ms. Severs were consistent with her interview and testimony at trial. R.S. maintained that Petitioner touched her private spot. [Doc. 9-4 at 85-87, 92; DVD - State's Exhibit 1 at 9:45-10:38, 16:00-22:00]. R.S. explained that Petitioner touched her while she was sleeping on a pallet inside her grandmother's bedroom, where Petitioner and her grandmother were on the bed beside her. [Doc. 9-4 at 88-92; DVD - State's Exhibit 1 at 16:00-22:00]. Petitioner, while lying on the side of the bed closest to the child, reached over and put his hand under her panties and touched her vagina multiple times. [Doc. 9-4 at 91-94, 96].
Okemah Police Officer Jon Owens interviewed Petitioner at the police department. Id. at 121. Petitioner indicated to Officer Owens that R.S. was a good kid, and he denied touching the child inappropriately. Id. at 123. Petitioner also told the officer that R.S. was there "a lot," referring to the times R.S. would visit her grandmother at the Okemah residence. Id. at 123-24. Petitioner could not explain to the officer why R.S. would make up allegations against him, other than "maybe because Precious didn't like him." Id. at 123, 126-27. Petitioner confirmed that the child would sleep in the room with Petitioner and Ms. Taylor, and that the couple drank a lot of alcohol during that period of time. Id. at 125-27.
Ms. Taylor alleged during the trial that she had heard two different stories and that she wanted to know what happened. Id. at 41-42. The child's grandmother told the jury that she would go to bed at the same time as Petitioner, that Petitioner would watch T.V. and that she would go to sleep first, and that she did not know what Petitioner did while she was sleeping. Id. at 52. Ms. Taylor explained that she was drinking alcohol and taking sleep medication during the time period, which made her drowsy. Id. at 52-53. Ms. Taylor also testified that she slept on the side of the bed closest to the child's pallet when the child stayed overnight, and that she did not rememberR.S. sleeping next to Petitioner, but admitted that "[R.S.] wouldn't lie about it" if the child said otherwise. Id. at 44-46, 50-54.
Petitioner took the stand and denied inappropriately touching the child. Id. at 143-44, 147, 168, 176. Petitioner, who goes by the name "Alan," explained that he had moved with Ms. Taylor to the house in Okemah in November of 2012, and that he was arrested (on unrelated charges) shortly thereafter. Id. at 133-34, 136, 148. Petitioner was apparently in...
To continue reading
Request your trial