Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
Fletcher v. Lizarraga
United States District Court, E.D. California
June 30, 2017
DRAMAINE FLETCHER, Petitioner,
J. LIZARRAGA, Respondent.
FINDINGS AND RECOMMENDATIONS
CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE.
is a California prisoner who filed an amended application for
writ of habeas corpus pursuant to 28 U.S.C. § 2254
challenging his 2013 conviction for multiple child-related
sexual offenses for pimping out a 14 year old girl. He was
sentenced to 19 years and four months. ECF No. 13.
Respondent has answered the amended petition, ECF No. 21, and
petitioner has filed a traverse. ECF No. 34.
careful consideration of the record and the applicable law,
the undersigned recommends that the petition be denied for
the reasons set forth below.
Factual and Procedural Background
ruling on petitioner's first appeal of his conviction and
sentence, the California Court of Appeal, Third Appellate
District, summarized the facts as follows:
In April 2008, the Sacramento Police Department's vice
unit was examining Web sites trying to locate juveniles
involved in prostitution. On April 8, Detective Derek
Stigerts recognized a girl on Craigslist with whom they had
dealt the prior year, when she was 13 years old. The
girl's name was Kimberly J., and she was using the same
false name, “Sparkle, ” she had used previously.
Other ads associated with the same phone number showed
Kimberly J. with another female. One of the ads read,
“Come relax and unwind with us, two is better than one,
Sparkle and Cinnamon.” The wording was typical of a
Stigerts set up a “date” with the two girls. They
made plans to meet at a Jack In the Box, where one of the
girls, “Cinnamon, ” got into the car with the
undercover officer, then went across the street with him to a
motel. This procedure is typically used by prostitutes to see
if the persons they meet are law enforcement and to ensure
their own safety. Officer Corey Morgan was pretending to be
the John (customer), because Kimberly J. knew Detective
Stigerts from their previous encounter.
“Cinnamon, ” i.e., co-defendant Siama Rivera,
informed Officer Morgan there would be two girls. Kimberly J.
was inside the motel room. Rivera seemed nervous, and asked
Morgan if he were a cop. She began touching his chest,
stomach, and waist. Morgan lifted his shirt and turned around
in a circle to show her that he was not wearing a wire.
Rivera told Morgan to “show her [his] dick.” She
then grabbed his penis through his pants. Morgan asked if she
had any condoms. Rivera said that he could get a massage and
a dance. Morgan said, “from both of you?” He
motioned to Kimberly J., who nodded “yes.” They
told him it would cost $250. Rivera then got a call on her
cell phone. When she hung up she said, “all we do is
massage and dance.” She walked him to the door. When
Morgan opened the door, other officers in the operation were
There were approximately 10 to 12 law enforcement officers
working the operation. In addition to Officer Morgan, who
went inside the motel room, there were surveillance officers
spread out in the parking lot. Pimps are often in the parking
lot or in other rooms in the motel. As several officers were
approaching the room, a white Jaguar that was parked directly
below the room quickly backed out of the parking space.
Defendant was the driver of the Jaguar.
Officers stopped the Jaguar and found two cell phones inside.
One of the phones contained a photo of Kimberly J. engaged in
sexual activity. The officers also found a small amount of
marijuana on defendant, a card key for the motel, a receipt
for a different motel, and $130 cash.
In the motel room, officers found two packaged condoms, a
backpack containing one-inch square baggies and men's
boxer shorts, a size XXXL T-shirt, a starter kit for a Boost
Mobile cell phone and a corresponding $20 phone card, a pair
of men's shorts, two cell phones, a wireless Internet
card two laptop computers, an address book and day planner,
motel receipts in defendant's name, a photo of defendant
holding a fan of money, an Amtrak receipt with the names of
defendant and “Siama Olivo, ” and a large stack
of DVDs including “Cross Country Pimping” and
“Hustle and Flow.” They found no cash in the
The officers also found a bag belonging to Kimberly J. The
bag contained female clothing and other personal items, and
included a pair of pink underwear that was “very
similar” to the pink underwear worn by the girl
featured on the Internet ads. The bag contained no illegal
narcotics, no money, no computers, and no phones.
When Kimberly J. was picked up, she denied being involved in
prostitution or knowing defendant. She admitted she knew the
other woman in the room, whom she identified as
“Cinnamon.” She was taken to juvenile hall on an
unrelated warrant. Kimberly J. was placed in a group home,
from which she ran away and remained a runaway for
approximately four months. After she returned and was
interviewed, she said she was ready to tell the officers the
truth and did not want to return to her old lifestyle.
Kimberly J. told Officer Pamela Rae Seyffert, who interviewed
her, that she met defendant when she was on Watt Avenue near
Interstate 80. She had a couple of cigars with her and wanted
to get some marijuana. She saw defendant parked in his
vehicle and approached him because she thought she might be
able to get some marijuana from him. She told defendant she
did not have a place to stay, and he offered her a room with
him and his girlfriend at a Motel 6. She told defendant she
was 18 years old.
She said that defendant took the photographs that appeared on
the Internet. She said that during the time that she was with
defendant and Rivera, she had walked the streets twice as a
prostitute, and the rest of the time had posted on the
Internet for customers.
Kimberly J. explained that when she and Rivera posted on the
Internet, defendant would leave as it was getting close to
the time for the John to show up. After the
“date” was over, they would contact defendant via
the Nextel phone. She said that all the money she and Rivera
earned turning tricks went to defendant. She denied that he
demanded the money from her, but said she would never think
of not giving the money to him. Defendant bought her food,
marijuana, and paid for the room.
Kimberly J. testified at defendant's preliminary hearing.
She was 14 years old at the time. She testified she started
working as a prostitute about two months before she met
defendant. Another man had taught her how to do it. She then
worked as a prostitute for three other people. She was 13
when she started. When defendant first took her home with
him, they went to a Motel 6. That was where she met Rivera.
She confirmed that during the time she was with defendant she
worked as a prostitute and advertised on the computer. She
also walked the street. She and Rivera both worked as
prostitutes and put their money together in a certain spot in
the motel room. She knew the money was going to defendant
because the only way she could stay with him was to make
money and do her part. She knew that she was going to start
prostituting because she needed money and a place to stay,
but she was not sure she ever actually talked to defendant
Defendant and Rivera took pictures of her. She and Rivera
posted them as ads on the Internet. Either Kimberly J. or
Rivera answered the calls they received from the Internet
ads. Whenever a “date” came to the motel,
defendant would leave. After the “date” she or
Rivera would call defendant on the phone she had been given.
She had sex with defendant once. She had oral sex with Rivera
more than once. Defendant provided her with food and
marijuana, and paid for the motel rooms.
Kimberly J. gave testimony regarding a number of photographs
that were later introduced. One was a staged picture taken by
defendant of oral sex between Kimberly J. and Rivera. It was
taken for the purpose of posting it on the Internet. There
were other photos taken by defendant of Kimberly J. orally
copulating Rivera, which were not staged photos. No one asked
Kimberly J. to perform these sex acts; they just happened.
Defendant was sometimes present, and sometimes was not
When Kimberly J. had spoken to a detective shortly after she
was arrested, she had not wanted to admit knowing defendant
because she did not want him to get into trouble for being
involved in her prostitution. She was afraid he might go to
jail for pimping and get into trouble for “messing with
an underaged female.” One of the rules of the street
was that she was supposed to protect her pimp.
Detectives Stigerts and Morris gave expert testimony on the
pimping of juvenile prostitutes. They testified that juvenile
prostitutes are commonly advertised on Internet sites such as
Craigslist. Detective Stigerts testified he had never seen a
14-year- old prostitute that worked without a pimp.
Detective Morris testified it was very common for pimps to
have sexual relations with their prostitutes and furnish
drugs to them. The authorities recover cell phones and
computers in virtually every juvenile prostitution case.
Computers are used to post Internet ads, and prostitutes
communicate with their Johns via cell phones. It is common
for juvenile prostitution to be advertised on the Internet,
and Detective Morris testified he had never seen a juvenile
prostitute advertised on the Internet using a motel room who
did not have a pimp. Juvenile prostitutes are generally
unable to put all of the parts of a prostitution operation
together because they do not have identification, cars, or
the ability to rent motel rooms.
It is common in juvenile prostitution cases to find photos
such as those found on the cell phone in defendant's car.
It is very common in juvenile prostitution cases to find
photos of naked women in provocative poses. They are
typically taken to be posted on the Internet, for the
pimp's sexual gratification, to blackmail prostitutes,
and to brag to others in the prostitution industry. It is
very common in cases of juvenile prostitution to find photos
on cell phones of money or someone holding money.
Also on the cell phone found in defendant's car were text
messages. One read, “Did u make dat money 4 me?”
This represented a communication between a pimp and a
prostitute, and is common to find in juvenile prostitution
cases. There were also recruitment-type text messages on the
phone. These are common because a pimp will browse the
Internet looking for prostitutes and send them text messages.
Detective Morris was not surprised that no money was found in
the motel room. The pimp usually keeps the money, because
allowing the prostitute to keep money would divest him of
control. A forensic analysis of one of the laptops recovered
from the motel room revealed that someone had used it to
visit the Craigslist Web site 373 times. One of the
user's names on the computer was “Siama.” The
Buy This Entire Record For