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Williams v. Finn

May 6, 2009

NATHANIEL WILLIAMS, PETITIONER,
v.
CLAUDE E. FINN, ET AL., RESPONDENTS.



FINDINGS AND RECOMMENDATIONS

I. INTRODUCTION

Petitioner Nathaniel Williams is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the May 4, 2005, decision by the Board of Parole Hearings (hereinafter Board) finding him unsuitable for parole. Upon careful consideration of the record and the applicable law, the undersigned will recommend that this petition for habeas corpus relief be denied.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts

The Board recited the facts of petitioner's commitment offense as follows: PRESIDING COMMISSIONER ANGELE: Thank you. All right, Mr. Williams, you're serving a life term for the murder of one Porfino Perez (phonetic), is that true?

INMATE WILLIAMS: Correct.

PRESIDING COMMISSIONER ANGELE: This occurred on February 24th, 1981, is that also correct?

INMATE WILLIAMS: Correct.

PRESIDING COMMISSIONER ANGELE: Now as best I can figure out you and your crime partner, Ray Williams, no relationship, - -

INMATE WILLIAMS: No relationship.

PRESIDING COMMISSIONER ANGELE: - - was it your objective to get that truck?

INMATE WILLIAMS: Yes.

PRESIDING COMMISSIONER ANGELE: Okay. Was Mr. Perez and his brother lot attendants?

INMATE WILLIAMS: I'm not sure.

PRESIDING COMMISSIONER ANGELE: Okay, but were they in possession of the truck?

INMATE WILLIAMS: Yes.

PRESIDING COMMISSIONER ANGELE: This was a restaurant?

INMATE WILLIAMS: Yes.

PRESIDING COMMISSIONER ANGELE: Okay. Were they in physical possession, I mean - -

INMATE WILLIAMS: They were standing next to the truck.

PRESIDING COMMISSIONER ANGELE: So you don't know if they had anything at all to do with the truck, do you?

INMATE WILLIAMS: Yes, the guy that I was getting the truck for knew them and he wanted the wheels off the truck.

PRESIDING COMMISSIONER ANGELE: Okay, but do you know if this was the Perez's truck?

INMATE WILLIAMS: Yes.

PRESIDING COMMISSIONER ANGELE: It was their truck?

INMATE WILLIAMS: Yes. %%%

PRESIDING COMMISSIONER ANGELE: All right, thank you. You were armed?

INMATE WILLIAMS: Right.

PRESIDING COMMISSIONER ANGELE: Was your crime partner?

INMATE WILLIAMS: No.

PRESIDING COMMISSIONER ANGELE: Okay. Now Mr. Perez and I believe it was his brother.

INMATE WILLIAMS: Yes, Herman Perez.

PRESIDING COMMISSIONER ANGELE: We have Herman Perez and Porfino Perez.

INMATE WILLIAMS: Yes.

PRESIDING COMMISSIONER ANGELE: Didn't speak English.

INMATE WILLIAMS: No.

PRESIDING COMMISSIONER ANGELE: Okay, and apparently weren't able to totally understand what you were doing there?

INMATE WILLIAMS: Correct.

PRESIDING COMMISSIONER ANGELE: Okay. Now you pulled a gun out.

INMATE WILLIAMS: Right.

PRESIDING COMMISSIONER ANGELE: It would be obvious to me that a gun speaks all sorts of different languages, they knew something was coming down.

INMATE WILLIAMS: Correct.

PRESIDING COMMISSIONER ANGELE: But you only showed them the gun, you stuck [it] back in your ...


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