Hart v. Broomfield

97 F.4th 644

Joseph William HART, Petitioner-Appellant, v. Ronald BROOMFIELD, Acting Warden,California State Prison at San Quentin, Respondent-Appellee.

No. 20-99011

United States Court of Appeals, Ninth Circuit

Argued and Submitted January 22, 2024 Pasadena, California

Filed March 28, 2024

Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding, D.C. No. 2:05-cv-03633-DSF

Susel Carillo-Orellana (argued) and Lauren Collins, Deputy Federal Public Defenders; Cuauhtemoc Ortega, Federal Public Defender; Federal Public Defender's Office, Los Angeles, California; for Petitioner-Appellant.

Stephanie H. Chow (argued) and Lise S. Jacobson, Deputy Attorneys General; James W. Bilderback II, Senior Assistant Attorney General; Lance E. Winters, Chief Assistant Attorney General; Rob Bonta, Attorney General of California; Office of the Attorney General, San Diego, California; for Respondent-Appellee.

Before: Michelle T. Friedland, Lucy H. Koh, and Holly A. Thomas, Circuit Judges.

OPINION

H.A. THOMAS, Circuit Judge:

In 1988, Joseph William Hart was tried and convicted of the murder of Diana H. (known as Diane), and of the rape, sodomy, and forced oral copulation of Amy R. Both Amy and Diane were 15-year-old high school students and friends whom Hart had lured to a rural area of Riverside County, California, before committing the crimes. At the sentencing phase of Hart's trial, the prosecution introduced uncontested evidence that Hart had committed several other sexual and physical assaults, as well as contested evidence that Hart murdered his 11-year-old niece, Shelah M., days before he was arrested. Hart was sentenced to death.

Hart now appeals the denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. First, Hart appeals the district court's rejection of his claim that the State suppressed evidence that could have impeached one of the prosecution's expert witnesses, Dr. Dewitt Hunter, in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Second, Hart appeals the district court's rejection of his claim that his trial counsel was ineffective for failing to challenge Dr. Hunter's qualifications and testimony. The district court granted Hart a certificate of appealability with respect to both of these claims. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We affirm the district court's denial of Hart's petition.¹

I.

On May 8, 1986, five days after the death of his niece, Shelah, Joseph William Hart was arrested on suspicion of the murder of Diane and the rape, sodomy, and forced oral copulation of Amy. Hart was charged with the crimes on August 27, 1986, and his trial began on January 11, 1988.

A.

.

Amy testified on behalf of the State, recounting the circumstances of the sexual assault and murder. Amy and Diane, then both 15 years old, were friends and classmates at La Sierra High School in Riverside, California. On March 24, 1986, Hart encountered the teens at a 7-Eleven convenience store, offering to pay one of them $1,000 to act as a lookout while he harvested marijuana from someone else's field. Although Hart wanted only one person to accompany him, at Diane's insistence, both she and Amy accompanied Hart. They got into Hart's car, and Hart drove off.

After driving for around 30 to 40 miles, Hart made a brief stop at a hardware store. Although he told Diane and Amy that he intended to purchase a hatchet, Hart ended up deciding not to buy one, claiming that the hatchet was too expensive and that he could use a screwdriver to cut the marijuana. Diane gave Hart her knife to use instead, but after Amy objected, Hart gave the knife back to Diane.

With Diane and Amy still in the car, Hart continued driving, eventually arriving at a dirt road. Hart told Amy to serve as a lookout while he and Diane went to gather marijuana. Hart and Diane went up a hill for a few minutes, came back, and then walked up another path out of Amy's sight. Amy waited for around 15 to 20 minutes. She occasionally called out to Diane but heard no response.

Hart eventually returned without Diane. He told Amy that Diane was putting her feet in a spring, and that he needed help bringing back some bags. Amy followed Hart back up the path. While they were walking, Hart picked up a rock, claiming to have seen a snake. Amy asked Hart to give her the rock. Hart gave it to her but said that he would have to pick up another one, so Amy gave him the rock back.

It was around that time that Amy saw her friend Diane. Diane was lying face down on the ground, without any clothing on the bottom half of her body. Amy began to run away but Hart chased her and hit her on the back of the head with the rock, causing her to fall. He then started punching her, and they fell into a nearby gully. Amy asked Hart to let her talk to Diane, but Hart stated that Diane was unconscious. Amy asked Hart if he planned to kill her. Hart said he did not but warned Amy not to give him a reason to do it. As Amy continued to ask to speak to Diane, Hart told her to shut up, saying, "You're kind of funny, kid, I'm about to rape you and all you can do is think about your friend."

Hart then pulled up Amy's skirt and ripped off her panties from behind. Hart also ripped Amy's blouse open and ripped one of her bra straps. Hart told Amy not to look at him as he slapped his penis back and forth, stating, "It's hard for me to get it up after I just got it on with your friend." Hart then attempted to sodomize Amy. When that attempt failed, he instead placed his penis into her mouth. Hart eventually became erect and sodomized Amy. At one point he stated, "I've done this in people's houses and I've never killed anyone yet." Hart then grabbed Amy and took her further up the path. He picked up a jar of Vaseline and put his penis into Amy's mouth again. Hart then applied the Vaseline to his penis and raped Amy.

After Hart raped her, Amy asked again if he was going to kill her. Hart said that he would knock her unconscious by hitting her on the back of the neck with a rock. Amy instead suggested that Hart tie her up and put her in a hole. Hart agreed and tied Amy up with her shirt and bra. Hart then walked over to Diane's body to look for Diane's knife, explaining that his fingerprints were on it. Hart lifted, then dropped Diane's arm. He returned to Amy, stating that he could not find the knife. Hart told Amy, "[L]ook, your friend was an asshole, she called me a few names, and I think she's dead."

Amy told Hart that he had no reason to kill her, and that she would never tell anyone about what happened because she would be too ashamed. Hart responded that he had to make her unconscious so he could get away. Amy then made up a story about how she used to be beaten by her father. Hart's demeanor toward her became more vulnerable and apologetic. He "changed into . . . another person."

Eventually, Hart dropped Amy off near the 7-Eleven, but warned her not to talk to the police or tell anyone where Diane was. Amy assured Hart that she would not tell anyone what had happened. Hart responded, "But that doesn't matter because by the time they pick me up, you know, I can get out before the, you know, sentencing . . . . Anyway, I've got two good friends that would do anything for me." Amy understood this as a threat.

After Hart left, Amy called her sister and told her what had occurred. The Riverside County Sheriff's Department then contacted Amy, and Amy helped Detectives Michael Lackie and Richard Moker locate Diane's body.

Hart was arrested on May 8, 1986, a few days after a detective spotted a car matching the description offered by Amy parked outside of Hart's mobile home. Evidence recovered from the crime scene linked Hart to the crimes, including a matching fingerprint obtained from a beer bottle left at the scene, and tire tracks that matched the tread pattern on Hart's car. Amy identified Hart in a lineup, dropping to the ground in fear when she saw him.

When Detective Lackie searched the area where Hart had sexually assaulted Amy and killed Diane, Lackie found no marijuana growing.

2.

The prosecution also called law enforcement witnesses to testify regarding their investigation of the crime scene. Criminalist James Hall testified that he collected loose hairs from Diane's body, including a pubic hair from Diane's thigh that was microscopically similar to Hart's, but not Diane's, hair. Hall did not find any seminal fluid on Diane's panties but found Diane's blood on her blouse. The prosecution then called Dr. Claire McArthur, who treated Amy after the sexual assault. Dr. McArthur testified that Amy had bruising on her upper back, abrasions and dirt on her knees, and injury to her perineum. Dr. McArthur also noted sand-type particles in Amy's vagina, strongly indicating penetration. On cross-examination, Dr. McArthur acknowledged that her report did not indicate evidence of sodomy, and that Amy had told her she was not sodomized when asked.

3.

The prosecution next called Dr. Dewitt Hunter, a pathologist whom Riverside County contracted to perform an autopsy on Diane. Dr. Hunter testified that he found "major trauma" to Diane's "head and to the back," "minor trauma in various sites" over Diane's body, and "physical evidence consistent with possible sexual violation." Diane's body showed seven "impact-type lacerations," five of which were to the back of her head. These lacerations resulted in skull fractures, which Dr. Hunter explained would have required a "large amount of force" to create, and were likely created by a "rock or brick-like instrument." Dr. Hunter testified that three of the injuries could have independently resulted in death. He testified that Diane was likely unconscious from five minutes to an hour before dying, and that during this time she had inhaled vegetable material.

The prosecution asked Dr. Hunter if Diane had been sexually assaulted. Dr. Hunter testified that he saw "no...