Archives for posts with tag: ninja outfit

This immigrant, Nano Sukarno, sought asylum in the U.S. but was denied and this Court of Appeals denied further review. The immigrant claimed persecution in his home country of Indonesia for alleged membership in the Golkar Party. Evidence (including anonymous letters and a ninja attack) was insufficient.

NANO SUKARNO, Petitioner
v.
ATTORNEY GENERAL OF THE UNITED STATES; JANET NAPOLITANO,
* as Secretary of the U.S. Department of Homeland Security; JULIE MYERS, as Assistant Secretary of the U.S. Department of Homeland Security; John P. Torres, Director of Detention and Removal Office, Immigration and Customs Enforcement; Thomas Decker, as Director of Detention and Removal, the Philadelphia, Pennsylvania Field Office of the Bureau of Immigration and Customs Enforcement;
UNITED STATES DEPARTMENT OF JUSTICE and UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Respondents
* Amended pursuant to Fed. R. App. P. 43(c)(2).

No. 07-2280

UNITED STATES
COURT OF APPEALS
FOR THE THIRD CIRCUIT

349 Fed. Appx. 797; 2009 U.S. App. LEXIS 23355

October 14, 2009, Submitted Pursuant to Third Circuit LAR 34.1(a)
October 22, 2009, Opinion Filed

NOTICE: NOT PRECEDENTIAL OPINION UNDER THIRD CIRCUIT INTERNAL OPERATING PROCEDURE RULE 5.7. SUCH OPINIONS ARE NOT REGARDED AS PRECEDENTS WHICH BIND THE COURT.

Per curiam opinion by Circuit Judges: Barry, Smith and Hardiman:

Petitioner Nano Sukarno entered the United States as a nonimmigrant visitor on August 9, 2000. On May 12, 2003, the Immigration and Naturalization Service served Sukarno, a native and citizen of Indonesia, with a notice to appear charging him as removable for remaining in the country for a time longer than his visa permitted. Sukarno conceded removability as charged, but applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), on the ground that he had suffered past persecution and feared future persecution due to his political activities in Indonesia. Specifically, Sukarno asserted that he was persecuted because of his membership in the Golkar Party (GP) in Muncar, Indonesia.

but

the only incident of harm Sukarno testified to, aside from anonymous threatening letters, was a night-time attack by assailants dressed in ninja outfits on his home while he was out of town.

and

Sukarno’s fear of future persecution is further undermined by the fact that his family remains in Indonesia unharmed.

therefore, this Court

will deny Sukarno’s petition for review.

Advertisements

This 2009 habeas petition was denied by United States Magistrate Judge Robert C. Mitchell. The opinion quoted four uses of the word “ninja” from the lower court and from petitioner’s arguments. These refer to a “ninja sword and nunchucks” and a “black ninja outfit”.

Michale J. Anderson, an inmate at the State Correctional Institution at Houtzdale has presented a petition for a writ of habeas corpus. For the reasons set forth below, the petition will be dismissed and because reasonable jurists could not conclude that a reasonable basis for appeal exists, a certificate of appealability will be denied.

MICHALE J. ANDERSON, BH-9234, Petitioner,
v.
SUPERINTENDENT BRITTON, et al., Respondents.

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Civil Action No. 09-113
2009 U.S. Dist. LEXIS 45455

Decided June 1, 2009

The background to this prosecution is set forth in the February 3, 2000 Memorandum of the Superior Court:

In the early morning hours of October 27, 1989, Anderson took a taxicab to the home of the victim, Karen Hurwitz (“Hurwitz”). On his way to Hurwitz’s home, Anderson had the cab stop in the Highland Park area where he retrieved a bag containing various weapons. After arriving at the Hurwitz residence, Anderson removed a Ninja sword and nunchucks from his bag and placed them at the side of the house. Anderson also placed another weapon inside his jacket. Anderson then went into the Hurwitz home.

After speaking with Hurwitz for a few moments, Anderson and Hurwitz agreed to continue their conversation outside so as not to awaken Hurwitz’s parents. Once outside, Anderson picked up the Ninja sword and walked with the victim to a gazebo in her yard. As the two conversed, Anderson struck the victim in the head with the ninja sword and repeatedly stabbed her in the torso. When the victim stopped moving, Anderson went into the Hurwitz home, took the keys to the Hurwitz’s automobile, and drove away in the vehicle.

The next morning, Anderson voluntarily accompanied police officers from his high school to police headquarters. Upon arriving at headquarters, Anderson confessed to the aforementioned crimes.

and

In his post-conviction petition to the Superior Court, the petitioner framed this issue as follows:

At Mr. Anderson’s trial Katherine Berlin testified that she was the girlfriend of Mr. Anderson (TT.222-223). Berlin saw Mr. Anderson on a nearly daily basis in the months prior to Hurwitz’s killing (TT.224-225). Mr. Anderson began sleeping at Berlin’s residence albeit without the knowledge of Berlin’s parents (TT.223). Berlin’s bedroom was on the first floor and her parent’s on the second floor (TT.225). Mr. Anderson brought various packaged personal items in bags and boxes, which Berlin kept, under her piano.

At trial Berlin was shown 3 boxes belonging to Mr. Anderson, one of which had marked on it: “mixed stuff, don’t touch”. Berlin never opened the box (TT.227). According to Berlin, Mr. Anderson came to Berlin’s residence on October 26, 1989, changed his clothing and put them in a bag under the piano (TT.233).

At trial Detective Terrance P. O’Leary testified that he had recovered a black ninja suit from Mr. Anderson’s backpack located at Berlin’s residence (TT.303). He also recovered stars and literature from boxes at Berlin’s residence (TT.303). Three of Mr. Anderson’s boxes recovered from Berlin’s apartment contained Mr. Anderson’s clothing and personal items (TT.305). Found also in the boxes were three American Flags: Exhibits 65,66, and 67; On Exhibit 65 was hand printed: “Niggers, spics, Jewish pigs will rape America no more. These will not be the first”; On Exhibit 66 was written: “Long live the white. Fuck the Jews. These will not be the first.” TT.307. The Commonwealth argued that the seized items in question went to Mr. Anderson’s state of mind and were thus admissible (TT.307).

As post-conviction appellate counsel argued, at trial the admissibility of this evidence was argued, but counsel never asserted the petitioner’s Fourth Amendment rights regarding these articles. Additionally, it is argued that no warrant was secured for these items; Anderson had not given his consent for their seizure and the items were delivered to the police by Ms. Berlin’s father who had no knowledge that the petitioner was residing in his house. Thus, the question was whether or not petitioner enjoyed a reasonable expectation of privacy in these items and as a result whether his Fourth Amendment rights were violated.

Therefore

An appropriate Order will be entered.

ORDER

AND NOW, this 1st day of June, 2009, for the reasons set forth in the foregoing Memorandum, the petition for Michael J. Anderson for a writ of habeas corpus is dismissed and because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied.

/s/ Robert C. Mitchell

United States Magistrate Judge

Richard Allen Jackson raped and killed a woman. When arrested he waived Miranda and confessed completely. Substantial corroborating evidence was found at his home. He was sentenced to death. But then a judge reversed saying the confession should be barred. Instead of a new trial, he plead guilty to lesser crimes with agreement to serve 30 years. But no one told him that he could face federal charges too. And he did. And he was sentenced to death again. Below, the Federal appeal. He lost. Jackson is currently on Federal Death Row awaiting execution.

Richard Allen Jackson


UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RICHARD ALLEN JACKSON, Defendant-Appellant.
No. 01-9
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
327 F.3d 273
; 2003 U.S. App. LEXIS 4834; 60 Fed. R. Evid. Serv. (Callaghan) 1319
September 23, 2002, Argued
March 18, 2003, Decided

The opinion by Judge Niemeyer describes the horrific incident and the procedural history prior to this appeal:

On Halloween morning, October 31, 1994, Karen Styles, a recent college graduate, disappeared from a trail in the Pisgah National Forest. A search initiated that evening, after Styles failed to return home, revealed no trace of Styles herself. Her car was, however, still parked at the lot at the head of the trail, and her car key was found on the trail two-tenths of a mile from the parking lot.

A little more than three weeks later, Styles’ nude body was discovered by a hunter, duct-taped to a tree, where investigators also found a duct-tape wrapper, a pornographic magazine, and one spent Remington .22 caliber rifle casing. An autopsy revealed that Styles died from a single bullet wound to the head. She also had suffered ten stun-gun wounds to her body, nine of them inflicted within six inches of her pubic area. Investigators recognized from the duct-tape wrapper that the brand was sold at K-Mart. When sheriff’s deputies contacted the nearest K-Mart store, located approximately one mile from the murder site, they discovered a receipt for a transaction that occurred on October 28, 1994, evidencing the purchase of a .22 rifle, a box of Remington .22 rifle ammunition, duct tape, a flashlight, and batteries. The ATF Form 4473 generated upon the purchase of the rifle revealed the purchaser to be Richard Allen Jackson.

On December 20, 1994, Jackson voluntarily accompanied police to the Buncombe County Sheriff’s Department for an interview. After the officers advised Jackson of his Miranda rights, Jackson waived them and answered questions for approximately three hours about his background and his whereabouts in the days surrounding the date of Styles’ murder. When the sheriff asked Jackson what he did with the rifle that he used to shoot Karen Styles, Jackson responded, “I think I need a lawyer present.” The sheriff then informed Jackson that he would not ask him any more questions and stated, “Son, I know you bought the rifle and the duct tape at K-Mart on the 28th of October. I know you were in Bent Creek on the day she was killed, and that’s fine, but you need help.” At this point Jackson broke down, crying and insisting that he did not mean to kill anybody. After the officers informed Jackson that he did not need to say anything because he had invoked his right to counsel, Jackson stated that he wanted to tell the whole story to get it off of his chest. He then signed another waiver of his Miranda rights.

Jackson confessed fully. He stated that he arrived at the park around 8:00 a.m. and watched Styles as she stretched and walked down the trail. After sitting for a while, he took the gun out of the back of the car, loaded it, and started down the trail. He also had duct tape, a stun gun, and a pornographic magazine in his coat pockets. After Karen Styles passed him on the trail, Jackson turned around and pointed the gun at her, whereupon Styles took a key out of her shoe and told Jackson that there was money in her car and that he could take the car. She pleaded with him not to hurt her. Jackson placed duct tape over Styles’ eyes and mouth and led her to a remote area, where he stood her with her back to a tree and duct-taped her to the tree. The duct tape on Styles’ mouth had come loose by this time, and Styles again asked him not to hurt her. Jackson taped her mouth shut again, ripped off her shorts and underpants, and then raped her vaginally. Although Jackson’s rendition did not describe his use of the stun gun, evidence was presented at trial that he shocked Styles with a stun gun once above her left breast and several times in the pubic area. Jackson stated that he then moved away from Styles and looked at his pornographic magazine while masturbating. The tape over Styles’ mouth loosened, and Styles began screaming. Jackson walked up to her, put the gun to her head, and shot her once. That afternoon, Jackson went back to the K-Mart, returned the gun, and received a refund.

Jackson was crying during his entire confession, and the report of his confession indicates that at times during the interview the officers could not understand his words. Jackson repeated many times that he did not mean to kill Styles.

A search of Jackson’s home and cars, conducted pursuant to a search warrant, led investigators to recover a functional stun gun, a flashlight, a black “Ninja” outfit, a wrapper to an adult magazine, and a partially empty box of .22 caliber rifle bullets.

Jackson was charged in Buncombe County with first-degree murder, first-degree kidnapping, and first-degree rape. After the trial court denied Jackson’s pretrial motion to suppress his confession, a jury returned a guilty verdict on all three charges. On the jury’s recommendation, the court imposed the death penalty for the murder conviction and prison sentences for the rape and kidnapping convictions. On appeal, the North Carolina Supreme Court reversed Jackson’s conviction and ordered a new trial, concluding that police had violated Jackson’s Miranda right not to be interrogated after he had invoked his right to counsel. State v. Jackson, 348 N.C. 52, 497 S.E.2d 409, 412 (N.C. 1998).

On March 3, 2000, Jackson pled guilty in State court to second degree murder, first-degree rape, and second-degree kidnapping. The stipulated prison sentences in the agreement totaled over 31 years, and Jackson received credit for 5 years already served. At the time of Jackson’s plea, none of his lawyers considered the possibility of a federal prosecution, and none advised Jackson that he could be subject to federal prosecution.

On November 6, 2000, a federal grand jury returned a superseding bill of indictment charging Jackson, in one count, of using a firearm during and in relation to a crime of violence, specifically murder, kidnapping, and aggravated sexual abuse, in violation of 18 U.S.C. § 924(j)(1). At trial, the government called 22 witnesses during the guilt phase and introduced extensive physical and testimonial evidence, including Jackson’s confession, which was received without objection. The jury returned a guilty verdict and then proceeded to consider the appropriate sentence.

During the sentencing phase, the government presented the testimony of the victim’s mother, Kathleen Styles, and the defense presented the testimony of Jackson’s adoptive mother, Sally Jackson. The defense also attempted to offer the testimony of the adoptive parents of Jackson’s natural sister, who suffered behavioral disorders, but the district court did not allow this testimony without any expert testimony linking the sister’s mental condition to Jackson’s. To rebut Sally Jackson’s testimony, the government played for the jury, over Jackson’s objection, portions of a videotaped interview given by Jackson for FOX News in October 2000, after his State conviction had been reversed and he had been sentenced pursuant to a guilty plea. The jury found unanimously that the government had proved beyond a reasonable doubt four aggravating factors, including the fact that Karen Styles’ death occurred during the commission of the offense of kidnapping, as defined under 18 U.S.C. § 1201, and the fact that Jackson committed the crime in an “especially heinous, cruel or depraved manner in that it involved torture or serious physical abuse to Karen Styles.” Various jurors found 14 mitigating circumstances, and the jury found unanimously that “the aggravating factor or factors found to exist sufficiently outweighed all the mitigating factor or factors found to exist to justify a death sentence.” All 12 jurors signed the verdict form, unanimously recommending that Jackson be sentenced to death.

In accordance with that recommendation, the district court entered judgment on May 14, 2001, finding Jackson guilty of the offense charged in the indictment and imposing the sentence of death. The judgment also provided: “This judgment is effective immediately and is neither consecutive to nor delayed by the judgment and sentence previously imposed by the State of North Carolina.”

The Court finds no reversible error and upholds the conviction and death sentence. US Supreme Court certiorari denied, 124 S. Ct. 566 (2003).

Recall also the NinjaLaw case of the Ninja-pants killer. Also from North Carolina, and also currently awaiting death sentence in Federal Death Row. It is unclear when either of these people might be executed.

karen styles grave

Someone was in a ninja outfit serving as lookout for a murder and fled over the wall. Defendant Majoy was convicted but new evidence suggests a witness lied. On habeas petition, the 9th circuit court of appeals, remands to the district court to sort it out.

ANTHONY JOSEPH MAJOY, Petitioner-Appellant, v. ERNEST C. ROE, Warden, Respondent-Appellee.
No. 00-56521
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
296 F.3d 770;

July 11, 2002, Filed

Judge Trott writing for the court:

The particularly ugly facts surrounding this conspiracy and double parricide need not be recounted in excruciating detail. Suffice it to say that two avaricious and ungrateful sons, Neil and Stewart Woodman, engaged the deadly services of accomplished killers to eliminate their parents on September 25, 1985 in order (1) to gain an advantage in a nasty business feud fueled by sibling rivalry, and (2) to collect on their mother’s $500,000 insurance policy. Majoy’s alleged role in this sordid scheme was to assist the hired killers, Steven and Robert Homick, before and during the homicides by (1) providing his accomplices with information about the victims’ whereabouts, and (2) acting as a lookout on Yom Kippur, the day of the attack.

Explaining

the prosecution maintained, on the basis of Dominguez’s original testimony, that Majoy was the black-clad “Ninja” lookout observed by a neutral bystander witness, Roger Backman, fleeing the scene of the crime after the killings.

But

However, in the second trial of Neil Woodman, Roger Backman identified – or described – the “Ninja” in such a way arguably as not only to exclude the middle-aged Majoy, but to implicate the youthful Dominguez as the Ninja lookout.

This pivotal moment occurred when defense counsel showed Backman a series of photographs marked as People’s Exhibit No. 2 which contained a photograph of petitioner Majoy, marked as “E”, and a photograph of Dominguez, marked as “F”. Counsel showed the photograph to Backman in an attempt to identify the wall-jumping “Ninja.”

Therefore:

Here, if a factfinder should conclude that Dominguez’s post-trial claims are credible, and that in light of Backman’s testimony and other evidence Majoy was neither the “Ninja” nor otherwise culpable, then the Schlup gateway would seem to open. (referring to Schlup v. Delo, 513 U.S. 298)

Concluding:

We have no doubt that Majoy is no angel and lacks the morals one would hope to find in a citizen of this nation. By his own account, he had more than sufficient reason to believe that the Homicks intended to harm someone, and he lifted not one finger nor spoke one word to derail their plot. Nevertheless, such information without more is not sufficient to convict anyone of a crime. The evidence of “more” in this case comes essentially from an outlaw witness who had a clear motive to lie to save himself and who now claims to have committed perjury against Majoy to promote his own interests.

Reversed and remanded.