United States District Court, D. Oregon
Anthony D. Bornstein Assistant Federal Public Defender
Attorney for Petitioner.
F. Rosenblum, Attorney General Samuel A. Kubernick, Assistant
Attorney General Attorneys for Respondent.
OPINION AND ORDER
HERNANDEZ, District Judge.
brings this habeas corpus case pursuant to 28 U.S.C. §
2254 challenging the legality of his 2008 state-court
conviction for Kidnapping. For the reasons that follow, the
Petition for Writ of Habeas Corpus (#2) is denied.
2007, the Marion County Grand Jury charged petitioner with a
single count of Kidnapping in the First Degree based upon the
forcible abduction of Marquita Quarles, a Shell gas station
attendant. Respondent's Exhibit 102. Petitioner proceeded
to a bench trial where he and the victim gave two very
different accounts of what transpired between them. According
to Quarles' trial testimony, petitioner visited the Shell
station twice on the evening in question. During his second
visit, he called Quarles over to his car and informed her
that he was a private investigator employed by her family and
was there to pick her up. Quarles was standing on the
passenger side of the car, and petitioner forcefully opened
the door into her stomach, grabbed her with one arm, and
pulled her into the car. Petitioner leaned over and shut the
door, and although Quarles repeatedly tried to get out, the
door did not open.
told Quarles that he was going to "de-virginize"
her and asked if she wanted drugs. Trial Transcript, pp.
23-24. Quarles used her cell phone to call John Rogers, a
co-worker at the Shell station, to tell him she was being
kidnapped. Petitioner took the phone from her and told Rogers
that he would kill him if he called anyone.
then stopped the car near two women walking alongside the
road and instructed Quarles to ask them for directions.
Quarles testified that she thought this was a ruse to force
the women into the car, so she refused. Petitioner drove to a
remote area where Quarles physically fought with him until
she was able to regain possession of her phone. At
approximately this time, Quarles stated that the passenger
door of the car "just suddenly opened for some
reason." Id. at 64.
Hartwig-Morris was driving behind petitioner's car with
his friend Max Miller when they saw petitioner's car come
to a stop in the roadway, and Quarles "struggled to get
out, like she was trying to get out as, like, fast as she
could . . . almost tumbling out . . . just frantically
getting out, I think would be the best way I could say
it." Id. at 111-12. Quarles "jumped out
and started running towards [Hartwig-Morris' ] car,
screaming 'help' and saying that she had been
kidnapped." Id. at 122. Quarles was
"[e]xtremely distraught. Very, very upset."
Id. at 23. Quarles told the men that she escaped
when "she punched the driver in the face."
version of events differed significantly. He testified in his
own defense that Quarles approached his car at the gas
station on her own initiative and asked petitioner to give
her a ride from Salem to Keizer. Petitioner agreed. Along the
way, Quarles asked him to stop at a friend's house.
Petitioner agreed to this request, but told her he could not
have any drugs in the car because he did not want to violate
his probation. Petitioner took Quarles to her friends'
apartment and waited several minutes for her to return, at
which point she asked him to take her home. When she could
not tell him which street she lived on and her behavior
became peculiar, petitioner became concerned that he was
helping her participate in a drug deal. He therefore told her
to get out of his car, at which point she became very angry
and exited the vehicle. Id. at 229-237.
trial Judge recognized that the case largely amounted to a
credibility contest, and found that both Quarles and
petitioner had "contradictions in terms of what matches
up with other testimony." Id. at 268. But he
found Quarles' testimony to have "a significant
amount of detail" and that it was "remarkably
consistent" with the other evidence. Id. at
269. He also focused on the fact that Quarles'
"demeanor at the scene was hysterical, and I just
don't see any way around it except that she was really
shook up and really hysterical and really fearful by whatever
Judge determined that the State had not carried its burden
with respect to Kidnapping in the First Degree because it had
not established an intent to terrorize, but that petitioner
was guilty of the lesser included offense of Kidnapping in
the Second Degree. Id. at 273-74. As a result, the
Judge sentenced petitioner to 120 months in prison.
Id. at 308-09.
took a direct appeal, but the Oregon Court of Appeals denied
relief without opinion, and the Oregon Supreme Court denied
review. State v. Flennory, 237 Or.App. 274, 240 P.3d
1141 (2010, rev. denied, 350 Or. 717, 260 P.3d 494 (2011).
next filed for post-conviction relief ("PCR") in
Malheur County where the PCR court denied relief. The Oregon
Court of Appeals affirmed that decision without opinion, and
the Oregon Supreme Court again denied review. Flennory v.
Nooth, 2 67 Or.App. 423, 3 ...