United States District Court, D. Oregon
Ahlemeyer Assistant Federal Public Defender Attorney for
F. Rosenblum, Attorney General Kristen E. Boyd, Assistant
Attorney General Attorneys for Respondent
FINDINGS AND RECOMMENDATION
Patricia Sullivan United States Magistrate Judge
brings this habeas corpus case pursuant to 28 U.S.C. §
2254 challenging the legality of his state-court convictions
for Sexual Abuse in the First Degree. For the reasons that
follow, the Amended Petition for Writ of Habeas Corpus (#9)
should be denied.
March 2, 2007, the Multnomah County Grand Jury indicted
Petitioner on three counts of Sexual Abuse in the First
Degree for inappropriately touching CB, the 11-year-old
daughter of Petitioner's friend and colleague.
Respondent's Exhibit 102. As part of the investigation
for the case, the police asked CB to place a recorded call to
Petitioner under a pretext. A transcript of the call was read
to the jury during trial:
CB: I had health class today.
CB: And all that.
Petitioner: About you touching or someone else touching them?
CB: Someone else touching them.
CB: And they said that it wasn't okay.
CB: And - but I thought it was okay, but - Petitioner:
It's okay if you want them to. It's not okay if you