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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

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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.