Warner v. Workman

• Decision Date: 31 August 2011
• Docket Number: Case No. CIV–07–807–C.
• Citation: 814 F.Supp.2d 1188
• Parties: Charles Frederick WARNER, Petitioner, v. Randall G. WORKMAN, Warden, Oklahoma State Penitentiary, Respondent.1
• Court: U.S. District Court — Western District of Oklahoma

814 F.Supp.2d 1188

Charles Frederick WARNER, Petitioner,

v.Randall G. WORKMAN, Warden, Oklahoma State Penitentiary, Respondent.1

Case No. CIV–07–807–C.

United States District Court, W.D. Oklahoma.

Aug. 31, 2011.

Lanita Henricksen, Henricksen & Henricksen Lawyers Inc., Oklahoma City, OK, for Petitioner.

Robert L. Whittaker, Attorney General's Office, Oklahoma City, OK, for Respondent.

MEMORANDUM OPINION

ROBIN J. CAUTHRON, District Judge.

Petitioner, a state court prisoner currently incarcerated pending the execution of a judgment and sentence of death, has filed a Petition for a Writ of Habeas Corpus (hereinafter “Petition”). (Dkt. No. 24.) Petitioner, appearing with counsel, challenges the judgment and sentence entered against him in Oklahoma County District Court Case No. CF–97–5249. Respondent has responded to the Petition and Petitioner has replied to this response. (Dkt. Nos. 43, 49.) The state court record has been supplied.²

I. PROCEDURAL HISTORY

Petitioner's judgment and sentences are a result of his third trial for the rape and murder of Victim, an eleven-month-old female child.³ On appeal of Petitioner's first trial, the Oklahoma Court of Criminal Appeals (“OCCA”) reversed his convictions and sentences and remanded for a new trial. Warner v. State, 2001 OK CR 11, ¶ 18, 29 P.3d 569, at 575. The OCCA concluded that the trial court erroneously failed to remove jurors for cause and abused its discretion in refusing to grant a continuance to permit trial counsel an additional day to secure a second stage mitigation witness. Id. ¶¶ 11, 16–17, 29 P.3d at 574–75. Petitioner's second trial in March of 2003 ended in a mistrial. (Tr., March 2003 Trial, Vol. III, pp. 484–89.) Petitioner was retried in Oklahoma County District Court from June 16 through 26, 2003. The jury convicted Petitioner of first degree murder and first degree rape, and fixed his punishment at seventy-five years for the charge of rape. (VI O.R. at 1120.) Subsequently, the jury found two aggravating circumstances beyond a reasonable doubt and fixed his punishment at death. ( Id. at 1121–22). Petitioner appealed and the OCCA remanded to the district court for an evidentiary hearing. Warner v. State, 2006 OK CR 40, ¶ 92, 144 P.3d 838, 873. In a published opinion, the OCCA denied relief, affirming Petitioner's judgment and sentences. Id. ¶ 225, 144 P.3d at 896. The Supreme Court denied certiorari on May 14, 2007. Warner v. Oklahoma, 550 U.S. 942, 127 S.Ct. 2266, 167 L.Ed.2d 1104 (2007). The OCCA denied Petitioner's Application for Post–Conviction Relief in an unpublished order dated December 19, 2006. Warner v. State, No. PCD–2003–897 (Okla.Crim.App. Dec. 19, 2006).

II. FACTUAL BACKGROUND

Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), when a federal district court addresses “an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court, a determination of a factual issue made by a State court shall be presumed to be correct.” 28 U.S.C. § 2254(e)(1). For the purposes of consideration of the present Petition, the Court provides and relies upon the following synopsis from the OCCA's opinion summarizing the evidence presented at Petitioner's trial. Following a review of the record, trial transcripts, and the admitted exhibits, the Court finds the OCCA's summary adequate and accurate. The Court therefore adopts the following summary as its own:

[Petitioner] was charged and convicted of the first degree rape and murder of 11 month old [Victim]. The victim and her mother, Shonda Waller, lived with [Petitioner] and his two children, six year old [CW] and five year old [VW]. Two year old [DW], [Petitioner's] daughter from another relationship, stayed with them on occasion. On August 22, 1997, [Petitioner] left early that morning to pay a traffic fine at city court. He returned home at approximately 10:00 to 10:30 a.m. Ms. Waller prepared lunch for [Petitioner] and the older children and fed the victim baby food. At approximately noon, Ms. Waller left for the grocery store. All four children remained at home with [Petitioner]. At the time Ms. Waller left, the victim was dressed in a jumpsuit. Ms. Waller returned home at approximately 2:00 to 2:30 p.m. She glanced in the master bedroom and saw the victim lying on the bed. The victim appeared to be sleeping. Ms. Waller noticed the victim was dressed only in her diaper. Later that afternoon, [Petitioner] and Ms. Waller decided to take all the children with them to run errands. Ms. Waller intended to get the victim ready but [Petitioner] stopped her and volunteered to retrieve the victim from the bedroom. [Petitioner] returned to the living room holding the victim and saying that she was not breathing. When [Petitioner] handed the victim to Ms. Waller, the victim was limp. Ms. Waller began screaming and told [Petitioner] to take them to the emergency room. [Petitioner] drove Ms. Waller and all the children to the emergency room. On the way, Ms. Waller gave the victim CPR.

They arrived at the hospital at approximately 3:40 p.m. Emergency personnel took the victim and continued resuscitation efforts. All efforts failed and the victim was pronounced dead at 4:07 p.m. Emergency charge nurse Robin Justice was cleaning the victim before Ms. Waller saw her when she noticed bright red blood around the victim's rectum and tears to the rectum. Ms. Justice testified at trial that the injuries appeared to be fresh and recent. She called police and notified the attending physicians Drs. McCreight and Hill.

Dr. McCreight observed bright red blood staining the skin around the victim's rectum and tears around the rectum. X-rays indicated two skull fractures, one of which was depressed, and two fractures to the left jaw. Dr. McCreight testified that the injuries were recent, consistent with a violent shaking and inconsistent with a fall from a bed to a carpeted floor. He also testified that upon sustaining such injuries, the victim would not be able to eat, drink or play. His diagnosis was sexual and physical abuse.

In conducting the subsequent autopsy, the medical examiner Dr. Choi, determined the cause of death to be multiple injuries to the victim's head, chest, and abdomen. She determined the manner of death to be a homicide. Dr. Choi testified the victim suffered a crushing type injury to her head and internal injuries to her brain. The victim's jaw and three ribs were fractured, her liver was lacerated, and her spleen and lungs were bruised. There were bruises on the victim's chest the size of adult fingertips. She also observed retinal hemorrhages in the victim's eyes, which she testified were consistent with the victim being violently shaken. Additionally, Dr. Choi observed six different tears around the victim's rectum, which she testified were consistent with blunt force penetration. Dr. Choi also testified that upon receiving her injuries, the victim would not have been able to eat, drink or play.

Interviewed first at the hospital, [Petitioner] told officers he brought the victim, her mother, and the children to the emergency room. He said he had been in the master bedroom with the victim and two year old [DW]. He said [DW] gave the victim something to drink. After a while he left the room. When he returned to the bedroom between approximately 2:00 and 3:00 p.m., the victim was lying on the floor crying. He picked her up and noticed she had hit her head. He said she seemed to be dazed. He tried to comfort her and laid her on the bed to sleep. When he returned to get her at approximately 3:30 p.m., she was not breathing. Later, when [Petitioner] was arrested, he complained to officers that the knuckles on his right hand were sore.

In a subsequent search of [Petitioner's] home, officers discovered a sexually explicit videotape in the VCR located in the master bedroom, and a jar of Vaseline and a bottle of aloe vera [gel] nearby.

At trial, [Petitioner's] son [CW] testified [Petitioner] was the only adult with the children when Ms. Waller went to the store. He said that on the day the victim died, he saw [Petitioner] in the master bedroom shaking her. He said [Petitioner] was often angry with the victim because of her crying and general noisiness. [CW] admitted that he had previously testified the victim died because she was “beat up”.

In his defense, [Petitioner] presented eight witnesses. These included medical experts who testified that the victim would have immediately lost consciousness upon sustaining the head injury, her injuries were consistent with hitting her head on a wooden bed frame, and the injuries to her chest could have occurred during CPR. Defense witnesses also testified that [CW] had said he had lied when he said he saw [Petitioner] hit the victim, that Ms. Waller had originally said [Petitioner] drove her to the store and she waited for him to take her home, that [Petitioner] was left handed, and that he took good care of the victim.

During the second stage of trial, in addition to incorporating all evidence from the first stage, the State presented evidence showing that [Petitioner's] four year old daughter [VW] had been physically abused by [Petitioner], that [Petitioner] physically punished [CW] and [VW] by whipping them with a belt or electrical cord, and that [Petitioner] had physically abused his ex-wife Vonricca Warner. In mitigation, [Petitioner] presented thirteen witnesses. The jury found the existence of the two alleged aggravating circumstances, “continuing threat” and “especially heinous, atrocious or cruel” and recommended the death penalty. The trial court sentenced accordingly.

Warner, 2006 OK CR 40, ¶¶ 2–10, 144 P.3d at 856–57. Additional relevant facts from the record are provided where necessary.

III. PETITIONER'S CLAIMS FOR RELIEFA. GENERAL CONSIDERATIONS: Exhaustion and Procedural Bar

Federal habeas corpus relief is unavailable to a state prisoner unless all state court remedies have...