Sera v. Norris

• Citation: 400 F.3d 538
• Decision Date: 07 March 2005
• Docket Number: No. 04-1532.,04-1532.
• Parties: Steven Anthony SERA, Appellee, v. Larry NORRIS, Director, Arkansas Department of Corrections, Appellant.
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

400 F.3d 538

Steven Anthony SERA, Appellee, v. Larry NORRIS, Director, Arkansas Department of Corrections, Appellant.

No. 04-1532.

United States Court of Appeals, Eighth Circuit.

Submitted: December 15, 2004.

Filed: March 7, 2005.

Teena L. Watkins, argued, Asst. Atty. Gen., Little Rock, AR, for appellant.

John W. Hall, Jr., argued, Little Rock, AR, for appellee.

Before MELLOY, BRIGHT, and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Steven Anthony Sera was convicted by an Arkansas jury on eight criminal counts related to his use of Rohypnol, a so-called "date rape drug," to perpetrate sex crimes against two women in Arkansas. After the Arkansas Supreme Court affirmed his convictions on appeal, Sera filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (2000) challenging only his conviction on one count of rape. The District Court granted Sera's petition on the ground that the evidence was insufficient to support a finding of rape. Because we determine, in concordance with the Arkansas courts, that the evidence could lead a rational juror to find the elements of rape beyond a reasonable doubt, we reverse.

I.

Sera came under investigation in the summer of 1997 after his wife ("Mrs.Sera") found and turned over to police a videotape depicting three sexual encounters between Sera and three different women who appeared to be unconscious. One of the women was Mrs. Sera's younger sister, Patty Coleman, a college student in Missouri. Police eventually identified the other two women as Tammy Deal, a resident of Arkansas, and Melanie Hataway, a resident of Texas. Charges were brought against Sera in Arkansas, Texas, and Missouri for drugging, kidnaping, and sexually assaulting or raping the three women on the videotape, as well as a fourth woman, Jackie Haygood, in Arkansas. We are called upon here only to address Sera's conviction in Arkansas for the rape of Deal, and we accordingly focus our discussion on the facts relating to that incident. We recount the facts in the light most favorable to the verdict. See Jackson v Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

In late summer of 1996, Sera lived with his wife and daughter in Dallas, Texas, where he owned and operated a lumber company. After hearing that a lumber mill was closing in Warren, Arkansas, Sera began visiting Warren to investigate, purchase, and set up operations at the mill. On one of these visits at the end of August or early September 1996, Sera met Deal in a Warren bar. The two spoke for several minutes, and Sera later arranged for flowers to be delivered to Deal the next day. The two eventually began dating.

The first occasion on which Deal spent any significant time alone with Sera occurred in October 1996. Deal's cousin invited Deal's two children to her house for the afternoon, and upon hearing this, Sera invited Deal to accompany him on a drive. After taking the children to the cousin's house, Sera and Deal drove to nearby Monticello, Arkansas. During the drive to Monticello, Sera told Deal that he had a six-pack of beer in the trunk of the car and asked her if she would like one. Deal agreed, and Sera pulled the car over to the side of the road to get the drink from the trunk. Sera remained at the rear of the car for some time, prompting Deal to ask what was taking him so long. Sera replied that he was mixing himself a drink. When he returned to the car, Sera handed Deal a bottle of beer and continued driving. When Deal finished drinking the beer, Sera again pulled the car over and retrieved a second beer for her from the trunk of the car. Deal drank the second beer and the two drove around Monticello. Deal testified that from that point forward, she has no memory of most of the events of the afternoon. Without her knowledge, Sera drove her to the bed and breakfast at which he was staying in Warren. While Deal was unconscious and without her consent, Sera penetrated her vagina with his penis and ejaculated on her face. These actions were recorded on the videotape found by Mrs. Sera. After the episode, Sera drove Deal to her cousin's house to pick up her children. Her cousin testified that Deal "seemed confused" and was no longer wearing the socks and tee-shirt that she had been wearing when she left on the trip with Sera. Tr. at 2093. Deal has no memory of picking up her children. Her next clear memory is of waking up the next morning for work. Upon awakening, nothing indicated to Deal that she had sexual intercourse the prior evening.

The couple's next trip was to a casino in Greenville, Mississippi. Again Sera packed beer in the trunk of his car. Sera gave Deal alcoholic drinks both on the drive to Greenville and at the casino. Deal testified that she cannot recall leaving the casino or the return trip to Warren. Her next memory is of waking up the following morning on the couch in the living room of the bed and breakfast. Sera insinuated that she had consumed too much alcohol the day before.

In late October or early November 1996, Deal accompanied Sera on a third out-of-town trip. The two drove to Little Rock, Arkansas, to dine at the Macaroni Grill restaurant. Along the way, Sera stopped and bought two individual cans of beer. Deal drank one of the beers and had a few drinks from the other. During dinner, Deal drank a glass of wine and a glass of water. Near the end of dinner, Deal went to the restroom. After she returned to the table and finished her water, she began to feel ill and have stomach cramps. Deal testified that her last recollection of the evening was walking to the car in the restaurant parking lot. She did not become aware again until the next morning when she awoke in Sera's bed at a bed and breakfast. She found herself wearing nothing but a tee-shirt, but does not recall how she got to that state of undress. Deal continued to have stomach cramps and felt nauseated. She had diarrhea and vomiting the remainder of the day.

The couple's only consensual intimate encounter occurred in mid-November 1996 at a bed and breakfast. Deal testified that she was conscious throughout and that the encounter was not videotaped. Deal returned to her own home after the encounter; she did not stay overnight at the bed and breakfast. The two stopped dating soon thereafter. Deal's last encounter with Sera was on December 12, 1996, when she witnessed Sera holding an unconscious woman, whom Deal recognized as Haygood, in his arms as he entered the bed and breakfast.

In March 1998, Sera was tried in the Circuit Court of Bradley County, Arkansas, on eight counts, as summarized:

(a) Involving Deal and the trip to Monticello:

Count 1: Introduced Rohypnol into the body of Deal without her knowledge; Ark.Code Ann. § 5-13-210 (drugging another).

Count 2: Engaged in sexual intercourse or deviate sexual activity with Deal when she was incapable of consent because she was rendered physically helpless by the drugging; Ark.Code Ann. § 5-14-103 (rape).

(b) Involving Deal and the trip to the Macaroni Grill:

Count 3: Introduced Rohypnol into the body of Deal without her knowledge; Ark.Code Ann. § 5-13-210 (drugging another).

Count 4: Restrained Deal so as to interfere substantially with her liberty for the purpose of engaging in sexual intercourse, deviate sexual activity, or sexual contact; Ark.Code. Ann. § 5-11-102 (kidnaping).

Count 5: Engaged in sexual intercourse or deviate sexual activity with Deal when she was incapable of consent because she was rendered physically helpless by the drugging; Ark.Code Ann. § 5-14-103 (rape).

(c) Involving Haygood on December 12, 1996:

Count 6: Introduced Rohypnol into the body of Haygood without her knowledge; Ark.Code Ann. § 5-13-210 (drugging another).

Count 7: Restrained Haygood so as to interfere substantially with her liberty for the purpose of engaging in sexual intercourse, deviate sexual activity, or sexual contact; Ark.Code. Ann. § 5-11-102 (kidnaping).

Count 8: Engaged in conduct intended to culminate in the commission of the offense of rape of Haygood; Ark.Code. Ann. §§ 5-3-201, 5-14-103 (attempted rape).

See Amended Information at 1-2; Judgment and Commitment Order at 1-5.

In addition to the facts set out above, the evidence introduced at trial indicated that Mrs. Sera found a bottle labeled "Rohypnol" in Sera's suitcase following one of his out-of-town trips. Two pharmacologists testified regarding the effects of Rohypnol on the human body. Dr. ElSohly testified that ingestion of Rohypnol can cause hypnosis, total muscle relaxation, and loss of memory. After viewing the videotape, Dr. ElSohly concluded that the behaviors of Deal, Hataway, and Coleman shown therein were consistent with ingestion of Rohypnol. Dr. Tolliver similarly testified that, when ingested, Rohypnol will cause hypnosis, relax muscles, and cause anterograde amnesia. He stated that a person under the influence of Rohypnol can be talking and functioning yet still not be able to remember what is happening during that time. Furthermore, Dr. Tolliver stated that combining Rohypnol with alcohol causes a magnification of the drug's effects, which can cause a deeper state of unconsciousness. The side-effects of the drug, including gastrointestinal problems and stomach cramping, may also become more severe when the drug is mixed with alcohol. Finally, after viewing the videotape, Dr. Tolliver agreed that the women's behaviors were consistent with the effects of Rohypnol.

Sera testified on his own behalf. He asserted that the women were simply drunk, not drugged, and that they consented to his sexual advances. Sera admitted to possessing Rohypnol, but claimed that a doctor in Mexico had prescribed it to treat his insomnia.

A jury convicted Sera of all eight counts but reduced the Count 2 rape charge stemming from the Monticello trip to the lesser included offense of sexual abuse in the first degree. The jury prescribed a sentence of years for each count, with the sum totaling...