Campos v. Holland

          ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

          LUCY H. KOH UNITED STATES DISTRICT JUDGE.

         Before the Court is Petitioner Luis Campos' ("Petitioner") Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. ("Pet.") ECF No. 1. The Court ordered Respondent Kim Holland ("Respondent") to show cause why Campos' Petition should not be granted. ECF No. 10. Respondent filed an Answer addressing the merits of the Petition, ("Answer") ECF No. 16, and Petitioner filed a Traverse, ("Traverse") ECF No. 18. Having reviewed the briefs and the underlying record, the Court concludes that Petitioner is not entitled to relief based on the claim presented, and DENIES the petition.

         I.BACKGROUND

         A. Factual Background

         Federal courts reviewing habeas petitions must presume that the state courts' factual determinations are correct unless that presumption is rebutted by clear and convincing evidence. 28 U.S.C. § 2254(e)(1). Accordingly, the facts in this case are drawn from the opinion of the California Court of Appeal. See Answer Ex. 6 ("CCA Op.").^[1]

Doe I is defendant's niece. When she turned 13 in early 2007, she moved from El Salvador to Portland, Oregon, to live with her father, H.C. Near the end of July 2007, Doe I traveled to the Bay Area to visit her uncle[s], Oscar C. and defendant, and her grandmother, who lived with defendant.

Defendant was the [co-owner] of Casa Chicas, a business that distributed chips and salsa. Oscar C. worked for him. Doe I had known her Uncle Oscar for a long time and considered him like a father.

During the visit to the Bay Area which lasted two weeks, Doe I took a trip to Disneyland and Las Vegas with defendant, his wife Cristina, and their two-year-old son. Since Cristina drove most of the trip, defendant sat in the backseat of the truck with Doe I. On the trip, he touched Doe I's breasts. In Las Vegas, defendant tried to molest Doe I in their hotel room, but he stopped when Doe I protested. He told Doe I not to tell anyone because her grandmother was very sick and disclosure would make her worse.

When the family returned to the Bay Area, Doe I went to sleep in her room. Defendant came into the room and fondled her breasts and crotch. Doe I struggled and defendant stopped when his wife knocked on the door.

Days later, defendant asked Doe I to take a trip to his warehouse. On the way, he took her to a motel. He took off her clothes in the room and kissed her breasts, engaged in oral copulation in Doe I's mouth, and penetrated her anus and vagina. Defendant warned Doe I not to tell anyone because it would make her grandmother ill. He also indicated he would fire her Uncle Oscar if she reported the conduct. Defendant told her he had lots of money and power and that he was immune from prosecution.

Another time, defendant, Cristina and Doe I were in the bedroom. Doe I was told by either defendant or Cristina that he enjoyed seeing women kiss one another. Defendant told Doe I to kiss Cristina. As directed by defendant, Cristina fondled the breasts of Doe I while he watched and fondled his crotch.

There was another molestation when defendant and Doe I were parked near a movie theatre. Cristina was in the front seat of the truck and defendant with Doe I were in the rear. He touched Doe I's crotch over her clothes.

The final act of molestation happened when defendant took Doe I to the airport for her flight home. On the way, defendant stopped in a park and had sex with her before going to the airport.

As a witness during the trial, Doe I denied any and all acts of molestation by defendant. She did confirm that when she returned to Portland, she told her father that defendant had molested her. Her father contacted the Portland Police Department and Officer Charles Dune [sic] came to the house and interviewed her. She also told in a detailed interview with CARES Northwest (CARES), a county facility handling children who were sexually molested, about the various incidents with defendant. However, Doe I did get emails from Uncle Oscar and Doe I's sister that defendant financially supported the family and that the grandmother was not doing well because of the charges against him. They advised she should stop the criminal investigation. Doe I denied being influenced by the emails.

In November 2010, Doe I met the defense investigator. She confirmed defendant had sex with her. She asked about dropping the charges because she "didn't think [the charges] would destroy my family." During the trial, Doe I said she made the allegations because she was mad at defendant. She wanted to live with Uncle Oscar and not her father. When defendant sided with her father on the issue, Doe I became mad at defendant and sought revenge.

Doe I's father and Portland Police Officer Charles Dune [sic] testified regarding her statements on the molestations by defendant; the CARES Northwest interview was played for the jury at trial.

Defendant's wife, Cristina, testified confirming the allegations of Doe I. She affirmed the incident when defendant watched the two females engage in sexual conduct at the home. She also confirmed being in the truck while parked at the movie theatre. Cristina also remembered the time when defendant told her he was taking Doe I for a short trip to the warehouse, but did not return home until two or three hours later. She further recalled their return ...