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Campos v. Holland
United States District Court, N.D. California, San Jose Division
June 20, 2016
LUIS ROBERTO CAMPOS, Plaintiff,
KIM HOLLAND, Defendant.
ORDER DENYING PETITION FOR WRIT OF HABEAS
H. KOH UNITED STATES DISTRICT JUDGE.
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.
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
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
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
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 ...
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