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Brett Ronald Matteson v. Leland S. Mcewen

July 13, 2012

BRETT RONALD MATTESON,
PETITIONER,
v.
LELAND S. MCEWEN, RESPONDENT.



The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS [Doc. 1]

Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

PROCEDURAL HISTORY

Following a jury trial in the Fresno County Superior Court, Petitioner was convicted of several counts of identity theft (Cal. Penal Code*fn1 § 530.5, subd. (a)), manufacturing of deceptive identification documents (§ 483.5, subd. (a)), and theft of access card account information (§ 484e, subd. (d)). Petitioner admitted the truth of the prior prison term allegations. Petitioner was sentenced to a total term of 37 years and 8 months in state prison.

Petitioner filed a timely notice of appeal on March 4, 2010. On June 1, 2011, the clerk of the superior court prepared and filed a new abstract of judgment to address certain counts which had been omitted from the original abstract of judgment filed on March 8, 2010.

On September 7, 2011, the California Court of Appeal, Fifth Appellate District reversed Petitioner's conviction for count 47 and remanded for resentencing, but affirmed the judgment in all other respects.

On December 14, 2011, the California Supreme Court denied review. Petitioner did not file any state post-conviction collateral petitions.

Petitioner filed the instant federal petition for writ of habeas corpus on January 10, 2012.

Respondent filed an answer on May 3, 2012, and Petitioner filed a traverse on May 29, 2012.

STATEMENT OF FACTS*fn2

Summary of Facts Relating to Identity Theft

(Counts 1-48)

The prosecution presented evidence to show that debit and/or credit card information for 47 individual victims was set forth on documents found at [Petitioner's] home. [Petitioner] did not obtain their permission to acquire the information, and there were unauthorized charges on their credit accounts. Those unauthorized charges were made between April and September 2007.

Twenty-six of the victims had used their credit cards at the Red Robin Restaurant in the River Park area of Fresno prior to the dates of the unauthorized charges. Nine of the victims had used their credit cards at Goldfield's Restaurant at Chukchansi Casino.

Conceded Error (Count 47)

[Petitioner] contends and the People concede that count 47 is not supported by substantial evidence. Jill Gonzales identified her credit card number on documents found in [Petitioner's] possession. However, Gonzales did not testify that there were unauthorized charges on her account. The People agree the judgment of conviction should be reversed as to this count.

Summary of Facts Relating to Manufacture of Deceptive

Identification Documents (Counts 50-58)

A number of witnesses testified they had gone to [Petitioner's] home and had obtained "fake" or false identifications from him.

Summary of Facts Relating to Theft of Access Card

Account Information (Counts 59-110) (fn. 2)

[FN. 2] The court dismissed counts 63, 73, 75, and 84 on motion of the prosecution and facts relating to those offenses are not included in the statement of facts.

The prosecution presented evidence to show that debit and/or credit card information for the victims of these counts was set forth on documents found at [Petitioner's] home. [Petitioner] did not obtain their permission to acquire the information, and there were unauthorized charges on their credit accounts. Those unauthorized charges were made between April and September 2007.

Facts Applicable to All Charged Counts Testimony of Patrick Adolph

In December 2007, Patrick Adolph went to [Petitioner's] home to get a fake identification. Adolph said he was 20 years old, going on a trip and wanted an identification that stated he was 21 years of age so that he could get into bars. Adolph said [Petitioner] "was a pretty popular individual by word of mouth around the local high schools at the time. So it was pretty easy to get in contact with him." Adolph obtained [Petitioner's] phone number and made an appointment to meet at [Petitioner's] home just south of Palm and Herndon Avenues. [Petitioner] opened his garage, and Adolph accompanied him to an area with a computer, printer, and a cabinet with a backdrop for taking pictures. [Petitioner] used Adolph's driver's licence to calculate the false date of birth. As [Petitioner] processed the picture for the false identification, Adolph mentioned he worked as a server at the Sequoia Brewery Restaurant and had done so for two and one-half years. [Petitioner] told Adolph he was involved in credit card theft, showed him a wallet filled with numerous credit cards, and explained how the process worked. Adolph said, "He showed me how you can have a person's name on the front, but the information that he gets from the different credit cards is completely different on the back, so it will say your name on the front but then it will be somebody else's credit card on the back."

[Petitioner] took Adolph inside his house and showed him items he had purchased using the credit card numbers of other individuals. The purchased items included a flat screen television in [Petitioner's] family room. [Petitioner] gave Adolph a list of stores "that were a-okay to shop at that you would not get in trouble for." [Petitioner] then told Adolph he had unnamed servers and bartenders working for him at Red Robin and Campagnia restaurants. According to [Petitioner], these restaurant employees would swipe the credit cards of patrons through "a little black scanner" to collect credit card account information. [Petitioner] said he was then able to place that information "on the credit cards he has available."

[Petitioner] asked Adolph whether he would be interested in doing similar work for [Petitioner] in exchange for "an allowance," in an unspecified sum. [Petitioner] also offered to take Adolph on a Christmas shopping trip if he agreed to participate. Adolph told [Petitioner] he would get back to him later. Adolph took the fake identification and paid [Petitioner]. [Petitioner] called Adolph later and asked whether he was interested in his proposition. Adolph told [Petitioner] he would get back to him. Adolph then contacted Fresno Police Detective Ken Dodd, gave him a statement, and then showed Dodd the location of [Petitioner's] residence. At some point Dodd told Adolph he could be arrested on criminal charges for being in possession with a false identification. However, Dodd did not threaten Adolph with prosecution.

Testimony of Kristen Brandon Marie Larsen

Larsen testified a mutual friend referred her to a man nicknamed "Casper" who knew someone who could get her a fake I.D. because she was under age 21. Larsen picked up Casper and he guided her to a home. Larsen and Casper entered the garage of the home. Larsen said there was "[a] computer by a door and that was it." Larsen said [Petitioner] was alone in the garage when she and Casper arrived. [Petitioner] set up a hanging blue screen, took her picture, and entered her information into a computer. She instructed [Petitioner] that she wanted her birth information to reflect that she was 21 years of age. She paid [Petitioner] $150 for the false identification and left the home. Larsen said a bouncer at a Clovis establishment later took the false identification away from her. Larsen contacted Casper again, he gave her [Petitioner's] phone number, and Larsen contacted [Petitioner] directly. She went to his home alone the second time and took another photograph for a second false driver's license.

On the second occasion, she and [Petitioner] had "an engaging conversation" and he asked her whether she knew anyone working in the restaurant business. He explained how "he would swipe [credit] cards and somehow put it on gift cards. He also asked whether she knew anyone in the restaurant trade who would be willing to do that for him. Larsen went a third time to [Petitioner's] garage in the company of her friend Megan and Megan's friend. Megan and her friend went to get false identification cards. Larsen went to [Petitioner's] garage a fourth time in the company of her friend, Johnny Juarez, who also had a false identification made.

Testimony of Mitchell Alexander Isaak

Isaak testified his friend, Alyssa Whited, was conducting promotions at local bars. Whited was not yet 21 years of age when her agent arranged for her to obtain a false identification in 2007. Isaak was 19 or 20 years of age at the time and he, too, wanted a false identification to obtain alcohol. A man named Casper put Whited in touch with [Petitioner]. Whited, Isaak, and one Derek Welch went to [Petitioner's] home and entered through the garage. A blue backdrop was hanging from the garage ceiling. Whited, Welch, and Isaak each stood in front of the backdrop and had their photographs taken. [Petitioner] put the photographs on a laptop computer, which was set up in the garage next to a large printer. Isaak said [Petitioner] asked the trio for information, including name, address, and birth date. The computer generated an identification card, which Isaak subsequently lost while riding an ATV in the desert.

Testimony of Rammel Gabriel Del Mundo

Rammel Del Mundo testified he had a false identification made in 2007 so that he could go to bars and drink. Del Mundo said Johnny Amparano, a friend from high school, had a false identification and said he could arrange for Del Mundo to obtain one also. Amparano took Del Mundo to a home in the area of Bullard and West Avenues, and they entered through the open garage. Del Mundo stood in front of a light blue background, placed his feet against some duct tape markings on the ground, and had his picture taken.

Del Mundo said the photographer took down some personal information and said the identification would be ready in 90 minutes. Del Mundo returned at the appointed time, paid the photographer around $150, and obtained the identification card. Del Mundo said there was an error on the card, and the photographer said he would fix it. They agreed to meet in the parking lot of the Save Mart store at Bullard and West Avenues, and the photographer gave Del Mundo the corrected card at that location.

While at the garage, Del Mundo and the photographer spoke about another aspect of the latter's business. The photographer said people would stop by his mailbox at night and deposit information in the box. The photographer would retrieve that information in the morning and then make credit cards that would enable the people to buy television sets and other merchandise. Del Mundo could not identify the photographer in court but did identify him to Detective Dodd after viewing a photo lineup on June 24, 2008. Del Mundo said he threw away the false identification when he turned age 21.

Testimony of Nolan Fitzpatrick

Nolan Fitzpatrick testified he was currently on felony probation in Madera County for violating section 484e, subdivision (d), acquiring access card information of others with intent to defraud. Fitzpatrick said he wanted to get a fake identification when he was age 20 because he had friends over age 21 and wanted to "hang out" with them at a nightclub. Fitzpatrick and his roommate, Hans, had a friend named Phong Tran who lived next door to [Petitioner]. Tran and Fitzpatrick worked at Chukchansi Casino. Tran was a bartender or "bar back" and Fitzpatrick was a waiter. In 2007, Fitzpatrick went to Tran's home for dinner and spoke about the possibility of obtaining a false identification. Tran called [Petitioner], made arrangements, and Fitzpatrick went next door to [Petitioner's] home and obtained the fake identification. Fitzpatrick entered [Petitioner's] garage, stood in front of a large blue cardboard, and [Petitioner] took his picture. [Petitioner] uploaded the photograph into a laptop computer and generated "a California-looking driver's license."

[Petitioner] asked where he worked, and Fitzpatrick said he worked as a waiter at Goldfield's Restaurant in Chukchansi Casino. [Petitioner] noted that Fitzpatrick was already breaking the law by getting a fake I.D. [Petitioner] then asked whether Fitzpatrick would be willing to "card read," i.e., run credit cards through a black scanning device at his workplace. [Petitioner] explained the information would be used to make gift or credit cards to purchase items. Fitzpatrick agreed to the arrangement and took the scanner to work. He scanned the credit cards of customers in the device after properly running their cards through the restaurant's cash register. A few weeks after taking the scanner, Fitzpatrick brought the device back to [Petitioner's] home, and [Petitioner] connected the scanner to his laptop computer. Fitzpatrick saw bank routing appear on [Petitioner's] computer screen.

[Petitioner] told Fitzpatrick he would use the scanned credit card information to make some gift cards for Fitzpatrick. [Petitioner] pulled some gift card blanks from his wallet, ran them through the scanning device, and gave the coded gift cards to Fitzpatrick. [Petitioner] and Fitzpatrick followed the same procedures on four additional occasions. Fitzpatrick used the gift cards to purchase items. He said he knew the gift cards bore stolen credit card information. Fitzpatrick said he scanned customer credit cards from the beginning of April 2007 until he was caught in June 2007. Fitzpatrick said he targeted customers who were mean or rude to him. Fitzpatrick estimated he made between 2,000 and 4,000 purchases using the credit cards. The purchases were at such stores as Best Buy and Sears.

On an early morning in June 2007, deputies from Madera County Sheriff's Department went to Fitzpatrick's apartment on Nees Avenue in Fresno and took the scanner and the items he had purchased with the gift cards, including a helmet, jacket, gloves, a camera, and an iPod. The deputies also took an identification card bearing the name "Craig Shane Smith." Fitzpatrick told deputies he had the identification made so that he could go to bars with Phong and Hans. He falsely told deputies the identification card was made in Kaiser Park. He later falsely told deputies the identification card was made in the front seat of a truck. Fitzpatrick also denied knowing [Petitioner] or where he lived. The deputies did not place Fitzpatrick under arrest. A day or two after the deputies went to Fitzpatrick's apartment, [Petitioner] contacted him and nervously told Fitzpatrick not to tell anyone his name or address. Fitzpatrick and [Petitioner] had gone shopping together on at least one occasion, and [Petitioner] used the gift cards to buy an iPod at Best Buy and accompanied him on at least one shopping trip to show Fitzpatrick how to use the gift cards. [Petitioner] also advised Fitzpatrick to wait at least a month before using a gift card with third party account information so that the account holder would not be able to trace the location where the credit card was compromised.

Fitzpatrick testified he was fired from his job at Chukchansi Casino because of the card reading. Phong Tran was also fired, but Fitzpatrick did not know when or the reasons for the firing. Fitzpatrick did tell the security supervisor at Chukchansi that Tran was his contact with [Petitioner].

Testimony of Jessica Wiggs Foster Baldwin

In June 2007, Jessica Wiggs Foster Baldwin was a waitress at the Red Robin Restaurant in the River Park area of Fresno. She had worked at Red Robin since October 2005. She met [Petitioner] through a mutual friend named Casper. She had met Casper at a fraternity and learned he was a photographer. Baldwin went to Casper's home, and he took some lingerie pictures of her. Their mutual friends, J.J. and Tasha, were also present. Baldwin went back to Casper's home a week or two later to look at the photographs on a computer. [Petitioner] was present at Casper's home when Baldwin arrived. Casper introduced [Petitioner], said he had fake identifications, mentioned that Baldwin was under age 21, and asked her if she wanted a false identification so that she could go into bars. He also asked whether Baldwin knew of anyone who wanted to obtain a false identification. [Petitioner] spoke to Baldwin about false identifications. Baldwin said she was not interested in getting one because she would be turning 21 in several months. However, she told the two men she would ask people she knew whether they were interested in getting false identifications. After speaking about false identifications, Casper agreed to place Baldwin's lingerie photographs on a compact disk.

One week later Baldwin returned to Casper's home to pick up the CD. [Petitioner] was present again and asked whether she wanted a false identification card but she declined. [fn. 3] [Petitioner] nevertheless gave her a gift card and encouraged her to recruit other people to come to him for fake identifications. Baldwin used the gift card at Wal-Mart and Mervyn's stores, even though it was a Sierra Vista Mall gift card with a Visa logo.

[FN 3] On cross-examination, Baldwin said she had a false identification at one time, but that [Petitioner] did not make that identification card.

[Petitioner] was aware that Baldwin was a restaurant server and worked all the time. [Petitioner] asked Baldwin whether she would be willing to scan customer credit cards with a card reader but Baldwin said she was not interested. Baldwin received the CD from Casper and walked outside to her car. [Petitioner] followed her outside with a similar CD in his hand. [Petitioner] then told Baldwin she would have to scan customer cards "for a week or so," otherwise her lingerie pictures would be posted from the CD to the Internet. Baldwin testified, "I didn't want to do it but I didn't want my pictures all over the Internet." [Petitioner] gave Baldwin a scanner/reader device. She said there was button on the side of the device and [Petitioner] instructed her to wait for the button to turn green and then scan the credit cards of customers. He also told her he would call in a week, meet with her, and then give back her CD with the lingerie pictures.

Baldwin said she used [Petitioner's] device to scan the credit cards of her Red Robin customers. At some point, [Petitioner] contacted her and said he wanted to collect the credit card numbers she had scanned. Baldwin said she met [Petitioner] at a parking lot in the River Park shopping center and she got into his vehicle, a small, light-brown Toyota truck. [Petitioner] hooked up the scanner to his laptop computer, and he downloaded the card information. After taking the information, [Petitioner] told Baldwin she did not have enough credit card information and that she had to scan more credit cards in order to get her pictures back. She complied, but he did not return the CD. [Petitioner] promised Baldwin a laptop computer in exchange for scanning credit cards, and he made the purchase with her at a Best Buy store in the summer of 2007. [fn 4.] She did not understand that [Petitioner] used stolen credit card numbers to make the purchase. After [Petitioner] bought Baldwin the laptop computer, he said she would have to scan more cards. She continued to scan customer credit cards. Baldwin said she did not go to the police because she was scared.

[FN 4] Detective Dodd testified that officers found evidence of an unauthorized credit card purchase of a Best Buy laptop on August 18, 2007.

At one point, Baldwin attempted to stop scanning customer cards, but [Petitioner] threatened to kill her mother and sister if she did so. Baldwin said [Petitioner] had also threatened to kill his girlfriend, Susan, and her children if Susan said anything about his activities. He also visited the Red Robin restaurant to speak with her during work hours because she would not return his phone calls. Baldwin said she scanned customer credit cards and returned the device to [Petitioner] for downloading somewhere between six and ten times. On one of those occasions, Baldwin and [Petitioner] met in the parking lot of a Raley's grocery store. Baldwin said she ultimately tried to ignore [Petitioner's] phone calls and "was trying just to get away from the situation." At some point in October, 2007, someone broke into Baldwin's truck. She testified that [Petitioner] threatened to cut her brake lines if she did not do what he wanted, i.e., if she did not scan enough credit cards. On October 31, 2007, Baldwin finally quit her job at Red Robin so she would no longer have to scan customer credit cards for [Petitioner]. She explained, "[T]hat's the only way I could figure out to stop everything without having to get in trouble." When she quit her job, she still had [Petitioner's] card scanner in her possession. She had last met with [Petitioner] a couple of weeks earlier.

Baldwin began employment at another restaurant. [Petitioner] found out where she was working, stopped at the restaurant, and tried to talk to her and get the scanner. She lied to [Petitioner] and said she was managing rather than serving in the new restaurant. She claimed she did not have any contact with credit cards and could not get any more account information for him. Baldwin said [Petitioner] was arrested in December 2007 and that he sent her a text message about his incarceration. Upon his release from jail, [Petitioner] contacted Baldwin and advised her not to contact him because the police were tapping or bugging his phone.

Baldwin said Detective Dodd contacted her by telephone on April 14, 2008. She lied to Detective Dodd at [Petitioner's] behest. [Petitioner] had told her that if she claimed she did not know anything, then the police could not prosecute her or get her into trouble. Baldwin and her mother voluntarily went to police headquarters and had a conversation with Dodd on April 17, 2008. Baldwin was not truthful during this interview, telling the detective she had skimmed cards for someone named "Randy" rather than for [Petitioner]. Detective Dodd asked whether Baldwin had been threatened and she broke down in tears and said she was fearful to give a statement. She nevertheless declined to disclose everything that went on and denied that she skimmed credit cards. At trial, Baldwin said she never skimmed credit cards before she met [Petitioner] and did not skim cards between the time she left Red Robin and the time Detective Dodd interviewed and arrested her on August 4, 2008.

Baldwin testified she had skimmed a Red Robin manager's access card that allowed her entry into the Red Robin system. She said [Petitioner] told her not to skim credit cards under her own employee number so that she would avoid detection. On August 4, 2008, Baldwin was arrested for 26 felony counts of identity theft. She said she threw the skimming device over a fence into a field on the day of her arrest. She testified she was scared, stupid, young, nine months pregnant, and did not know what to do with the device. She later tried to retrieve the device using metal detectors but could not find it.

Testimony of Detective Ken Dodd

Fresno Police Detective Ken Dodd testified he was assigned to the Financial Crimes Unit of the Department. He began investigating [Petitioner] after receiving the information from Kris Arnold, whose late father had been a Fresno Police Detective. Arnold's information led to Patrick Adolph, who supplied a cellular telephone number and an address on West Browning Avenue in Fresno. Dodd drove by the residence and looked for a white truck but did not see such a vehicle. He ran the cell number through the Fresno Police Department Records Management System (RMS) and Computer-Aided Dispatch System (CAD). Dodd determined that the number was associated with [Petitioner] and the address on West Browning Avenue. Dodd drove by the home a second time and saw a white truck. He ran the license number of the truck and found the vehicle was registered to Suzette Jumper. Dodd ran Suzette Jumper's name through the RMS system and found [Petitioner] listed as her boyfriend. Dodd and Adolph subsequently drove down West Browning Avenue, and Adolph identified [Petitioner's] home at the southeast corner of West Browning and West Avenues, a duplex with two separate residences conjoined at the middle. Dodd also determined the other residence was occupied by Phong Tran.

On December 13, 2007, Dodd and other law enforcement officers searched [Petitioner's] residence. Phong Tran occupied the other, adjoining half of the duplex. Approximately 8 to 15 people participated in the search, including one investigator from the Department of Motor Vehicles. [Petitioner] was present with a teenage girl, the daughter of Suzette Jumper. Jumper came to the duplex and picked her daughter up. During the search of [Petitioner's] portion of the duplex, officers found rectangular tape marks on the garage floor. They also found a blue backdrop, multiple tripods, a Fargo card printer for printing plastic cards, an unopened Xbox 360 gaming device in a Best Buy shopping bag, and a motorcycle. In response to police questioning. Suzette Jumper told officers that the Xbox had been fraudulently purchased. Officers found packs of blank plastic cards with magnetic strips on the kitchen refrigerator and in the garage. The officers located [Petitioner's] wallet on the kitchen counter. The wallet contained [Petitioner's] commercial driver's license, his crane operator's certification card, a blank card, numerous credit cards bearing [Petitioner's] name, three Target store receipts, a scrap of paper bearing a 16-digit credit card code, [Petitioner's] social security card, a business card for Best Buy customer service manager Justin Cruz, and a Subway rewards and cash card. Detective Dodd determined that account numbers encoded on the magnetic strips of the various credit cards were actually associated with accounts for people other than [Petitioner].

Officers searched the master bedroom and found a laptop computer on the south wall. They also found several USB thumb drives, a camera with case, an encoder, a signature digitizer, and a disk entitled, "Halloween Party 2007." The disk contained a number of photographs, including a picture of a woman with blonde hair whom Dodd identified as Suzette Jumper. They also found a Sony Cybershot camera, a Motorola cell phone, and a shredder containing shredded paper. [Petitioner] was placed under arrested [sic] on December 13, 2007. The following day, Detective Mike Carrillo received a telephone call from a female who said police had overlooked a crucial piece of evidence. Dodd and Detective Heather Ground went to Suzette Jumper's place of employment, picked up Jumper, and went to the Browning Avenue home, which Jumper shared with [Petitioner]. They recovered a Toshiba laptop computer concealed inside a video cassette recorder (VCR). The VCR was located in an entertainment center in the master bedroom. They also found a Sunpak 7500TM tripod and a Vanguard Pro K tripod at the residence, along with three thumb drivers in the master bedroom. Someone used a Visa card belonging to Kevin Hurley to purchase the Sunpak 7500 TM on November 7,2007, without his permission. The detectives gave the laptops, cell phones, thumb drives and a case of compact disks (CDs) to James Lutter of the Fresno Police Department for analysis. One of the flash drives had two sets of credit card numbers linked to Jessica Baldwin, and the concealed laptop had credit card numbers linked to Nolan Fitzpatrick.

On April 22, 2008, Detective Dodd obtained a court order directing Red Robin to provide him with all credit card transactions involving Jessica Foster between June 1, 2007 and November 5, 2007. Dodd obtained the report and testified the victims identified in counts 1, 2, 4-18, 20, 23-24, 39-45, 47-48, 59-63, 65, 68, 77, 79-81, 85-88, 90-106 and 110 had accounts that were included on a list of transactions reflecting Jessica Baldwin's service at the River Park Red Robin Restaurant. Detective Dodd testified that more than 600 names were included on the Red Robin list of Jessica Baldwin's customer transactions. Dodd also testified that James Lutter prepared a photo lineup of suspects, and Rammel Del Mundo identified the photograph of [Petitioner] as the individual who prepared his false identification card. Although Patrick Adolph supplied a description of [Petitioner] to Detective Dodd. Dodd said he did not show Adolph a photo lineup of suspects until after [Petitioner's] arrest. Dodd further testified that Lutter supplied him with a list of names and credit card numbers but that he was unable to contact every single person on the list. Dodd also said he attempted to obtain videotapes from retail stores involved in this case but he learned that smaller convenience stores keep their tapes for just one day, large stores keep them for one week, and "about 90 days is the most that I found, where they will keep it."

Dodd said [Petitioner] was initially arrested on December 13, 2007, but the District Attorney's office did not file charges immediately after that arrest. [Petitioner] was released from custody and re-arrested in early August 2008. Officers found a number of text messages between Casper and [Petitioner] on the latter's cell phone. The messages implied a conversation about the skimming of credit cards. Adolph told Dodd that when [Petitioner] created false identification, Adolph saw headshots of approximately 60 other people on the laptop screen. James Lutter provided Dodd with a report containing more than 60 headshots, including that of Adolph.

Testimony of James Lutter

James Lutter, a civilian computer forensic examiner with the Fresno Police Department, analyzed various pieces of equipment seized from [Petitioner's] residence, including cell phones, USB drives, digital cameras, an identification card printer ribbon, Exeba software for operating an encoder, compact disks, a Gateway CPU, a Magcard reader/writer, Topaz Systems SigLite for digitizing signatures, flatbed scanner, laptop computer, Evidence Eliminator program for wiping/deleting computer data, and a ribbon compatible with Zebra, Eltran, and Fargo I.D. printers. He explained how certain pieces of equipment could be used for card skimming and production. He also identified exhibits containing stolen account information and explained how he had retrieved that information from the equipment.

Testimony of Sharise J. Reimer

Sharise Reimer testified she had a false driver's license made in 2007 in order to go drinking at bars. She said her friend, Megan Beltz, had already obtained a false identification, and Beltz contacted the person who manufactured her card. Beltz and Reimer went to a home at Browning and West Avenues around Halloween and entered through the open garage. Reimer and Beltz saw Kristen Larsen in the garage. Larsen had lost her first identification card and was having another one made. Larsen and Reimer talked about Las Vegas, and Larsen said her identification did not work there. The person who made the card asked Reimer a couple of questions about what she wanted on her identification, such as name, address, and swiping capability. The man had her stand in front of a blue board and he took her picture. She signed her name and the man generated an identification card that resembled a California driver's license. Reimer said she no longer had the card because her parents disposed of it. She could not identify the man from a photo lineup or in the courtroom.

Testimony of Derek C. Welch

Derek Welch testified he had a false driver's license made in 2007 so that he could buy alcohol even though he was underage. Welch said he accompanied Alex Isaak and Alyssa Whited to a home with an open garage. Welch did not remember too much about the manufacturing process for the false identification card but did recall a blue backdrop hanging from the garage roof, and the presence of a computer and printer. Welch said he paid approximately $100 for the false identification, but it was confiscated in San Diego. He said the false identification appeared to be a ...


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