Archives for posts with tag: knives

RORY DOLAN, Petitioner,
-against-
JOHN J. DONELLI, Respondent.

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK

06-CV-5891(JS)
2010 U.S. Dist. LEXIS 137406

Decided December 30, 2010 by Judge Joanna Seybert:

On the morning of November 17, 1988, Petitioner raped Mary Jean Sherin.

Brandishing a knife, he forcibly entered her home with a pillowcase cloaking his facial features.

and

During the follow-up police investigation Mrs. Cabo described the rape, the Nissan truck which made an appearance on both November 19 and December 12, the assailant’s appearance (his clothing was reminiscent of a ninja‘s) and had a rape kit performed. (T2. 31; 1392-94.) On December 12, 1990 Mrs. Cabo picked Dolan out of a photospread lineup; presented with another lineup identification on July 14, 1991, she singled him out once more. Separately, Nancy Modica, a neighbor of Cabo’s, identified Dolan in a photo array as the Nissan truck’s driver who was seen near the Cabo house on the morning of the rape. (T2. 1416-21; 1427; 1446-47; 1509-13; 1536; 1682-84; 1716; 1753; 1962-64; 2037; 2040; 2505-23.)

concluding:

the Court DENIES Petitioner’s writ of habeas corpus in its entirety. The Clerk of the Court is directed to mark this matter as CLOSED.

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In this case a person, Sullivan, was shot and killed by the police in an apartment search. The police lost summary judgment at district court and appealed. On appeal the Ninth Circuit affirmed. But in dissent Judge Wu refers to a “ninja” knife

KATHLEEN ESPINOSA, individually and as personal representative of the Estate of decedent Asa Sullivan; ASA SULLIVAN; A. S., by and through his Guardian ad Litem; NICOLE GUERRA, Plaintiffs-Appellees,
v.
CITY AND COUNTY OF SAN FRANCISCO; HEATHER FONG, in her capacity as Chief of Police, Defendants, and JOHN KEESOR, Police Officer; MICHELLE ALVIS, Police Officer; PAUL MORGADO, Police Officer, Defendants-Appellants.

No. 08-16853

UNITED STATES
COURT OF APPEALS
FOR THE NINTH CIRCUIT

598 F.3d 528

Filed – March 9, 2010

Before Judges: Procter Hug, Jr. and Richard A. Paez, Circuit Judges, and George H. Wu, * District Judge.
* The Honorable George H. Wu, United States District Judge for the Central District of California, sitting by designation.

Opinion by Judge Hug; Partial Concurrence and Partial Dissent by Judge Wu.

In the opinion of District Judge Wu, sitting on the Court of appeal by designation, concurring in part and dissenting in part:

I agree with the majority that the district court properly denied summary judgment as to the defendant officers’ claim of qualified immunity in regards to their entering and searching the apartment. However, I disagree with the Opinion’s resolution of the qualified immunity question in the contexts of the unreasonable force and provoking a confrontation issues.

noting:

Martin was searched for weapons and a four inch “ninja” knife was located in his back pocket. It did not appear to have any blood on it.

concluding:

I dissent from the majority’s affirmation of the district court’s denial of the defendant officers’ motion for summary judgment on the basis of qualified immunity as to the issues of excessive force and provoking a confrontation.

It is interesting to note that it is the judicial opinion in favor of the police that refers to the “ninja” knife. What makes a knife a ninja knife… because it is quoted maybe it is testimony but it is uncited in Judge Wu’s dissent.

This case relates back to NinjaLaw post “Dungeons and Dragons Ninja Assassin insanity defense” about co-perpetrator Mark Edward Thompson. Mr. Thompson was sentenced to multiple life sentences but Mr. Meyer has been sentenced to death.

JEFFREY KARL MEYER, Petitioner-Appellant,
v.
GERALD J. BRANKER, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 06-26; 506 F.3d 358
September 25, 2007, Argued
November 13, 2007, Decided

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Shedd joined:

Nearly twenty years ago, Jeffrey Karl Meyer pled guilty to two counts of first degree murder for fatally stabbing an elderly couple during the commission of a robbery. Since then, three separate capital juries have sentenced him to death, and the North Carolina Supreme Court has twice vacated his sentence on direct appeal due to irregularities in the sentencing proceedings. Throughout this time, Meyer’s guilt has never been in doubt, and he has never argued that he did not commit the crimes in question.

Meyer now challenges his third capital sentence, raising claims relating to the effectiveness of his counsel, his awareness of the consequences of his plea, and the sentencing court’s refusal to admit potentially mitigating evidence. These claims have been heard and rejected by the same state courts that twice vacated Meyer’s earlier death sentences. We have reviewed Meyer’s claims with care, and we affirm the district court’s dismissal of Meyer’s federal habeas petition.

Summarizing the evidence:

On December 1, 1986, Jeffrey Karl Meyer and Mark Thompson broke into a home owned by Paul and Janie Kutz. At the time, Meyer and Thompson were heavily armed and dressed in the clothing of “ninja” warriors: “oriental assassins from feudal times, highly trained in martial arts and stealth.” State v. Meyer, 330 N.C. 738, 741, 412 S.E.2d 339, 341 (1992). Meyer and Thompson, soldiers stationed at Fort Bragg, North Carolina, had been planning to rob the elderly Kutzs for some time.

Upon entering the house, Meyer and Thompson encountered the sixty-eight year-old Mr. Kutz. Meyer initially shot Mr. Kutz with a blow gun, a martial arts weapon that launches sharp darts from a hollow tube. After Mr. Kutz continued to advance, Meyer stabbed him with a butterfly knife. Meyer and Thompson proceeded to stab Mr. Kutz above the left eye, above the right collar bone, across the neck, twice in the upper left chest, in the rib cage, above the left elbow, four times in the back of his chest, and to the left and right of his spine. In addition, defensive wounds were found on Mr. Kutz’s left hand, demonstrating an attempt to fend off an attacker. Testimony at trial indicates that Mr. Kutz may have remained alive and conscious for between thirty seconds and five minutes after the stab wounds were inflicted.

Meyer and Thompson then proceeded to stab and kill the sixty-two year-old Mrs. Kutz with butterfly knives. Mrs. Kutz, who was found in a bedroom down the hallway from Mr. Kutz, was stabbed approximately twenty-five times. She also displayed defensive wounds on her hands. Due to the fact the autopsy found Mrs. Kutz’s lungs markedly expanded with trapped air and blood, it is likely that Mrs. Kutz remained alive after receiving the stab wounds.

Overwhelming evidence linked Meyer and Thompson to the crimes. First, in the early morning hours after the killing, a military police officer, Robert Provalenko, intercepted Meyer and Thompson, dressed in “ninja” pants and boots, as they drove through a restricted area of Fort Bragg. In their car, Officer Provalenko found jewelry, a TV, and credit cards that were later found to be stolen from the Kutzs’ house, as well as a significant arsenal of weaponry, including butterfly knives, nunchucks, and a blowgun.

Second, forensic evidence placed Meyer and Thompson at the scene of the crime. A police investigation found footprints consistent with ninja boots in the dirt around the house, as well as on a dining room chair. Human blood consistent with the type of both victims was present on the butterfly knives recovered by Provalenko, and fibers found on one or both of the knives were consistent with the upholstery of the chair in which Mr. Kutz’s body was found, a blue blanket found with Mrs. Kutz’s body, and the pink nightgown worn by Mrs. Kutz at the time of her death. Fibers from the blanket and sheets in the Kutzs’ bedroom were also found on the “ninja” clothing worn by both Meyer and Thompson on the night of the murders.

Third, Dale Wayne Wyatt, a soldier stationed at Fort Bragg waiting to appear in court on a worthless-check charge, testified that he met Meyer on December 3, 1986 in a holding facility during his detention. According to Wyatt, Meyer confessed to shooting Mr. Kutz with a blowgun and then stabbing him. Meyer also told Wyatt that he had been dressed as a “ninja” at the time of the crime.

On February 2, 1987, Meyer was indicted on one count of burglary, two counts of armed robbery, and two counts of first degree murder. On May 12, 1988, Meyer pled guilty to the robbery and burglary charges. Four days later, Meyer pled guilty to two counts of first degree murder. The trial judge accepted the murder pleas and, in open court, confirmed that Meyer had discussed the charges with counsel, understood what they meant, and knew he would be sentenced to either life imprisonment or death on each count. The pleas were accepted and recorded the next day after the State’s presentation of their factual basis.

AND

At his 1988 sentencing hearing, Meyer introduced testimonial evidence from two psychiatrists. First, Dr. Selwyn Rose testified that Meyer was obsessed with Dungeons and Dragons, a role-playing game set in medieval times, and that this obsession caused “defendant to retreat into a fantasy world of Ninja warriors.” Meyer, 412 S.E.2d at 342. Second, Dr. Thomas E. Radecki testified that Meyer “was so out of touch with reality . . . I don’t think that he really appreciated that he was really killing people. I think that he was living out a game, living out a fantasy . . . . I really don’t think he appreciated really seriously what he was doing. He’s a very sick man . . . .” Id.

This appeals court affirms the district court denial of habeas corpus peitition. Writ of certiorari was denied, and petition for rehearing also denied. Meyer awaits execution in a North Carolina federal prison.