Masters v. Andes

1

JARVIS J. MASTERS, Petitioner, v. CHANCE ANDES, Acting Warden, San Quentin Rehabilitation Center, Respondent.

No. 4:20-CV-08206-HSG

United States District Court, N.D. California

June 20, 2024

Re Dkt. No. 47

ORDER DENYING MOTION FOR JUDGMENT ON THE PLEADINGS

CAPITAL CASE

HAYWOOD S. GILLIAM, JR. United States District Judge

Petitioner Jarvis J. Masters, a condemned inmate housed at San Quentin Rehabilitation Center, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (“Petition”), challenging his 1990 convictions and sentence for first-degree murder and conspiracy to commit first-degree murder. Dkt. No. 1. Before the Court is Petitioner's Motion for Judgment on the Pleadings. Dkt No. 47. Respondent has filed a Response, Dkt. No. 54, and Petitioner filed a Reply, Dkt. No. 55. For the reasons detailed below, the Court denies the motion.

I. FACTUAL BACKGROUND

According to the California Supreme Court's opinion on direct appeal, Petitioner, Andre Johnson, Lawrence Woodard, and Rufus Willis engaged in a conspiracy in May 1985 in San Quentin State Prison to plan the murder of a prison guard. People v. Masters, 365 P.3d 861, 871, 62 Cal.4th 1019, 1026 (2016).^[1]Petitioner and the others were members of a prison gang, the Black Guerilla Family (“BGF”), who decided to retaliate against Sergeant Dean Burchfield, a guard they believed had been bringing weapons to members of a rival gang, the Aryan Brotherhood (“AB”). Id., 365 P.3d at 871-72, 62 Cal.4th at 1026-27. Sometime after 11:00 pm on June 8, 1985, Johnson struck Burchfield in the chest with an inmate-made weapon. Id., 365 P.3d at 872, 62 Cal.4th at 1029. Burchfield died of a single wound to the chest. Id.

At trial, Willis served as the State's primary witness, describing both the structure and activities of the BGF as well as the conspiracy and participants in the murder. Id., 365 P.3d at 872, 62 Cal.4th at 1028. Willis, who was serving a sentence of twenty-five years to life for murder and related crimes, joined the BGF at Folsom Prison in 1982. Id. Upon arriving at San Quentin, Willis was assigned various BGF supervisory roles in each section where he was housed, eventually becoming the intelligence officer, or “Akili,” in the Carson Section of the prison. Id. Willis testified that Willie Redmond was the BGF commander of Carson Section, Woodard was a lieutenant, and Petitioner was the security chief or “Usalama.” Id. Redmond had notified Willis that he was planning to have the BGF in Carson Section attack a guard, and he, Willis, Woodard, and Petitioner met on the exercise yard to discuss these plans. Id.

According to Willis, at the first meeting on the exercise yard, Petitioner presented a plan for the BGF to attack the AB and the Mexican Mafia, another prison gang. Id. Redmond ordered Petitioner to change the plan to focus on attacking prison guards. Id. At the next meeting, Petitioner presented a plan that included officers to assault. Id. Redmond decided that the Carson BGF would target Burchfield, and Willis chose Johnson to carry out the attack. Id. Redmond was transferred out of Carson Section after this meeting. Id.

In the following weeks, Willis, Woodard, Petitioner, and other BGF members had other meetings to prepare for the assault on Burchfield and to attempt to convince members of the Crips, another prison gang, to join in their plans. Id. The conspirators ultimately decided on a plan in which Petitioner “would obtain a piece of metal from another BFG member, sharpen it, and pass it on to Johnson.” Id. Johnson was to stab Burchfield on the night shift, when it was dark, as Burchfield passed Johnson's cell on the second tier. Id. Johnson was then to pass the weapon to another BFG member, who would dispose of it. Id.

The California Supreme Court described the murder as follows:

On June 8, 1985, Sergeant Burchfield started his assigned shift at 11:00 p.m. He mentioned to the other officers that Carson section seemed especially noisy that night, and he was going to walk the tiers to check on the prisoners. Officer Rick Lipton was assigned to patrol the gunrail, a separate elevated walkway that paralleled the cell tiers. Officer Lipton was armed with a rifle and followed roughly in line with Sergeant Burchfield as he walked along the cells. Because of the darkness, Officer Lipton could only see Sergeant Burchfield from the 1waist down. At some point along the first few cells on the second tier, Officer Lipton saw Sergeant Burchfield stop in front of a cell, and then stumble backward against the railing and collapse in the middle of the tier. Sergeant Burchfield later died of a single chest wound.

Id., 365 P.3d at 872, 62 Cal.4th at 1029. Officers testified to the events of the night. They found pieces of metal and inmate-made weapons upon searching the section, including a weapon that could have inflicted the wound to Sergeant Burchfield and a makeshift spear shaft generally below Johnson's cell. Id., 365 P.3d at 873, 62 Cal.4th at 1029.

Willis became the State's key witness because, shortly after the murder, he sent a note to prison officials, claiming that he would share information about the murder in exchange for release from prison. Id. The prosecution promised Willis that, although they could not arrange for his release, they would notify the parole board of his assistance, grant him immunity for the crimes-including this conspiracy-that he committed in prison, and move him to an out-of-state prison to protect him from retaliation for his cooperation and testimony. Id., 365 P.3d at 873, 62 Cal.4th at 1030. After meeting with an investigator from the prosecutor's office, Willis wrote a note to Petitioner requesting the details of the murder. Id. Written in code, but in Petitioner's handwriting, the return note discussed that its author had sharpened a piece of metal, did not know whether the weapon used on Burchfield had been destroyed, and was trying to convince the Crips to commit the next attack. Id. Willis again by note requested Petitioner to send him a report on the Burchfield attack. Id. He received the “Usalama Report,” written in Petitioner's handwriting. Id. The report “set out the reasons and planning behind” the attack on Burchfield. Id. It explained that Petitioner and others chose Burchfield because he had been communicating with the AB and bringing them weapons. Id. Petitioner and others approved the plan and prepared Johnson to make the strike. Id.

Willis also sent a series of notes to Johnson. Id. Johnson replied and answered questions about the murder, confirming that he stabbed Burchfield with a spear. Id. He then disassembled the spear and threw both the sharpened metal and spear shaft off the tier. Id. The note explained that “Askari” had sharpened the metal and “Askari II” had sent the metal to Johnson. Id., 365 P.3d at 873-74, 62 Cal.4th at 1030. Willis testified that both Askari and Askari II referred to Petitioner. Id., 365 P.3d at 874, 62 Cal.4th at 1030.

Petitioner attempted to impeach Willis and undermine the credibility of his testimony. Id., 365 P.3d at 874, 62 Cal.4th at 1031. On cross-examination, Petitioner elicited that Willis had committed and ordered several stabbings, distributed illegal drugs, and extorted and sought favors from prison staff, all while in prison. Id. Willis admitted that he agreed to cooperate with the police and testify at trial because he wanted to be released from prison and even told other inmates that he “would do whatever he had to do to make sure he didn't spend the rest of his life in prison.” Id. Petitioner challenged the legitimacy of the notes Willis had requested from him, and Willis “admitted that BGF notes were sometimes written by several people to obscure the identity of their authors.” Id. Willis also admitted that he made changes to the notes incriminating Petitioner and that he destroyed up to three hundred notes he and other BGF members had authored. Id. Finally, Petitioner elicited testimony from Willis that he considered himself to be a member of the Crips and that he wanted to get revenge on the BGF for killing one of his friends in Folsom Prison. Id.

Also testifying was Bobby Evans, a former San Quentin prisoner and member of the BGF who was not involved in the conspiracy to murder Burchfield. Id. He claimed to be “an ‘enforcer' on the BGF main central committee.” Id. Sometime in July 1985, Evans was transferred to the San Quentin Adjustment Center, where he claimed to have met Petitioner, Woodard, and Johnson. Id. Evans testified that Petitioner and each of his co-defendants told him of their respective roles in the conspiracy when they were housed in the Adjustment Center together. Id.

At trial Petitioner attempted to undermine Evans's credibility. He cross-examined Evans on his extensive criminal record and illegal actions in prison, which included stabbing inmates. Id., 365 P.3d at 874, 62 Cal.4th at 1032. Petitioner also questioned Evans about his motives for testifying and what consideration he had been given for his testimony. Id. Evans admitted that he was hoping to be protected from retaliation and to have his sentencing for his current conviction delayed. Id., 365 P.3d at 874, 894-96, 62 Cal.4th at 1032, 1064-66.

Although the prosecution presented the evidence against each of the co-defendants in one trial, Petitioner and Woodard had one jury, and Johnson was tried by a second jury. Id., 365 P.3d at 871, 62 Cal.4th at 1027. The juries found all the co-defendants guilty. The Masters and Woodard jury heard penalty-phase evidence for Woodard first but was unable to reach a unanimous verdict on punishment. Id.

During Petitioner's penalty phase, the prosecution presented evidence of Petitioner's criminal history, as both a...