Archives for posts with tag: ninja suit

This is a 2007 habeas petition by a convicted spousal abuser, it is denied. A weird quirk of this story is the presence of an unidentified person in ninja clothing.

ROBERT EDWARD PATTERSON, Petitioner,
v.
GENE M. JOHNSON, DIRECTOR OF THE VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA, ROANOKE DIVISION
Civil Action No. 7:07CV00344
2007 U.S. Dist. LEXIS 65873

Decided September 6, 2007, opinion by District Judge Jackson L. Kiser dismissed the habeas petition:

Petitioner Robert Edward Patterson (“Patterson”), a Virginia Department of Corrections inmate proceeding pro se, brings this action for writ of habeas corpus, pursuant to 28 U.S.C. ยง 2254. Respondent filed a Motion to Dismiss, pursuant to Rule 5 of the Rules Governing Section 2254 Cases, to which Patterson filed a timely response, making the matter ripe for disposition. Upon careful review of the extensive state court records and the pleadings and exhibits submitted by the parties, I conclude that Respondent’s Motion to Dismiss must be granted.

Tina Patterson (“Tina”) and Patterson married in June of 2000.

On June 5, 2002, Tina obtained a protective order prohibiting Patterson from having any contact with her, including that he not call, write, follow, stalk, or harass her. The order was to remain in effect for two years.

On July 15, 2002, at about 11:00 p.m., Tina returned home after visiting and drinking a beer with a friend. She later heard suspicious noises outside her home. Tina called her friends June Gerholdt (“Gerholdt”) and Gene Barnett (“Barnett”) to report what she had heard. When Tina went outside to investigate the noises, she saw a man in a black “Ninja-looking suit.” Tina turned around, and was struck in the face by Patterson with both his fist and an Igloo cooler. The person in the “Ninja” clothing ran away and disappeared. Patterson continued to strike Tina in the head and mouth, causing her injuries.

Patterson was ultimately convicted in the Circuit Court of Amherst County upon convictions of spousal rape, abduction, and two counts of violating a protective order (Circuit Court Case Nos. CR02011612-01; CR02011612-02; CR02011541 and CR02011590-00). On December 14, 2001, he was sentenced to a total term of thirty years and twenty-four months, with fifteen years suspended.

The facts do not make clear who that person in Ninja clothing was. The defendant claims he has been framed by his (ex)wife, that the sex was consensual and that she’s trying to punish him for claims he brought against her. Other elements of the wife’s story were corroborated by physical evidence at the scene, the jury obviously believed her, and this district court finds no reason to overturn the conviction.

Appeal denied February 2008, writ of cert denied Oct 2008.

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This pro se defendant was convicted of robberies and attempted carjacking and was described by witness testimony as wearing a ninja-suit and wielding an AK-47. Here the Court in 2007 denies motion for new trial.

UNITED STATES OF AMERICA
vs.
ANDRE HENRY

CRIMINAL ACTION NO. 06-33-01
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Opinion by Judge Jan E. DuBois, decided August 24, 2007:

On February 22, 2007, a jury convicted defendant Andre Henry of crimes related to eight robberies of fast food restaurants; the straw purchase, possession, and use of assault weapons and other firearms; two armed bank robberies; conspiracy to commit a third armed bank robbery; an attempted carjacking that involved shots fired at a police officer; and solicitation to commit murder of a federal grand jury witness. Currently before the Court is defendant Andre Henry’s pro se Motion for Judgment of Acquittal and Motion for New Trial Pursuant to Fed. Rules of Crim. Proc. 29 and 33 (Document No. 473, filed April 12, 2007). For the reasons that follow, defendant’s Motion for Judgment of Acquittal and Motion for New Trial are denied.

Included in the facts:

one of the victim of the attempted carjacking, Janine McCullers, testified as follows during the trial:

[A]s I’m ready to pull out of the parking space, an individual is in front of my car in all black, like a Ninja-type suit, with a gun pointed at me, standing in front of the car with a gun aimed like this — in front of my car saying something

The court denies defendant’s motion for acquittal, finding sufficient mens rea to meet the elements of the crimes of carjacking. Additionally defendant’s motion for a new trial is also denied.

Recall other instances of “ninja” as a type of clothing (worn by both criminals and law enforcement personnel) .

This case involved multiple search warrants executed simultaneously, particularly a no-knock entry with alleged excessive force. This is another case of law enforcement being described as ninja because of their SWAT clothing.

DUANE TOLLIVER, et al., PLAINTIFFS
vs.
BAXTER COUNTY, ARKANSAS, et al., DEFENDANTS

CASE NO. 05-3036
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS, HARRISON DIVISION
2006 U.S. Dist. LEXIS 52976

Filed July 18, 2006, Opinion by US District Judge Jimm Larry Hendren,

Plaintiffs allege that defendants violated their Fourth and Fourteenth Amendment rights in various ways in connection with the execution of a search warrant on the business and residence of plaintiffs Duane and Donna Tolliver.

Continuing,

Plaintiff Archer was sitting at a desk in the garage of Alternators Plus when the warrant was executed. According to Archer, a law enforcement officer dressed in a “ninja suit” entered the business, pointed a gun at him and screamed for him to get on the floor. Archer later identified this officer as Deputy Grayham. According to Archer, four or five officers pulled him to the floor and one of the officers handcuffed him. After about 15 or 20 minutes, officers set Archer up in a chair but his handcuffs were not removed until approximately 15 to 30 minutes later.

And,

Officers found no contraband at the Tollivers’ business or residence and no charges were filed against any of the named plaintiffs, with the exception of Mungle.

Also,

Four other search warrants were executed simultaneously with the one at issue. Mike Tolliver, Plaintiff Duane Tolliver’s brother, was arrested, charged, and ultimately convicted of methamphetamine manufacturing as a result of items seized during the execution of these warrants.

The Court found that the no-knock entry and uses of forces were not excessive under the circumstances. Therefore,

plaintiffs’ claims should be DISMISSED, with prejudice, in their entirety and the Court will so order