Ivan Bechtol v. John Prelesnik

568 F. App'x 441
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 13, 2014
Docket12-2647
StatusUnpublished
Cited by14 cases

This text of 568 F. App'x 441 (Ivan Bechtol v. John Prelesnik) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ivan Bechtol v. John Prelesnik, 568 F. App'x 441 (6th Cir. 2014).

Opinion

ROGERS, Circuit Judge.

Ivan Bechtol appeals a district court judgment denying his petition for a writ of habeas corpus. Bechtol was convicted in Michigan state court of conspiracy to commit first degree murder, first degree home invasion, conspiracy to commit kidnapping, and attempted kidnapping. Bechtol’s conviction was related to the abduction and murder of Jamie Moran, whose body was found in her partially submerged car in the Torch River on September 5, 2001. The facts of the case were summarized, in detail, by the magistrate judge in his report and recommendation. Bechtol contends that his Fourteenth Amendment due process right to present an adequate defense, as established by the Supreme Court in Webb v. Texas, 409 U.S. 95, 93 S.Ct. 351, 34 L.Ed.2d 330 (1972), was violated and that his conviction to commit first degree premeditated murder is not supported by sufficient evidence. For the following reasons, ■ the district court properly rejected Bechtol’s claims and denied habeas relief.

I.

On Monday, September 3, 2001, Bechtol and William Cron were involved in a home invasion and attempted abduction of Moran. Cron and Moran had lived together and gotten engaged, but broke up in early August after Cron was charged with criminal sexual conduct against Moran’s sister. The prosecutor’s theory at trial was that Cron and Bechtol had conspired to abduct and kill Moran to prevent her from revealing their illegal drug dealings.

The day before, Moran and her new boyfriend, Ira Henke, went camping with another couple, Brent Torrey and Jessica Corner. Moran left the campsite for approximately two hours that night, went to Ryan Hittle’s house, got about 3 grams of cocaine from Cron, and returned to the campsite to use the drugs. At about 3:00 a.m. Monday morning, Moran and Henke went back to Henke’s trailer to watch movies. Several hours later, Cron and Bechtol stopped by the campsite looking for Moran. Cron asked Torrey if Moran “was f— ing anybody,” and Torrey responded in the negative.

Cron and Bechtol next went to Henke’s trailer, where Cron began yelling at Moran and asking “Where’s my shit?” Cron pulled the cord out of the phone to prevent Henke from calling 911. Henke pinned down Cron and told Moran to call 911, at *443 which point Bechtol came into the trailer and told Henke to let go of Cron. Henke let go, and Cron assaulted Moran, grabbed her by the arm and said that she was leaving with him whether she liked it or not. Henke held on to Moran so Cron could not take her with him. Cron and Bechtol eventually left.

On Tuesday, September 4, 2001, Moran changed her cell phone number, yet Cron acquired the new number and made repeated calls to Moran while she was at work. Moran’s coworker, Brenda Kay Standfest, answered one call that day and Cron told her that, “he had too much to lose, that he had too much going on with the police and he just needed to see her [Moran] one more—last time to say his goodbyes.” Moran called 911 because she was afraid of Cron and believed he was near her workplace. After work that day, Moran told Standfest that Moran felt that she was being followed by Bechtol, so Moran and Standfest met at a Shell gas station. Moran decided to go to her parents’ home for safety, because Moran’s sister had a personal protection order against Cron. Moran told Standfest that Cron and another man tried to kidnap her on September 3, but she did not mention the other person by name.

Another friend, Jessica Corner, testified that Moran called her on Tuesday to give Corner her new cell phone number. Moran said she was on her way to her parents’ house, and while they were talking, Moran got another call on her cell phone and clicked over to answer the call. When Moran clicked back to Corner, Moran was screaming. Corner heard a man’s voice that sounded like Cron, but she could not hear what he was saying.

Danny Lee Davis testified that he was in the same cell block with Petitioner in the Kalkaska County Jail in November 2001. Davis testified that the prosecutor’s office offered him some leniency in exchange for his cooperation and testimony in this case. Davis pleaded guilty to one count of third-degree criminal sexual conduct and was sentenced to imprisonment of twenty-four months to fifteen years. Davis was ashamed of the charges against him, so he told Petitioner that he was in jail on drug charges. Petitioner told Davis that he was in jail for home invasion involving Jamie Moran. Over the next couple of days, Petitioner asked Davis if he could “keep a secret” and began offering more details about the events leading up to Moran’s murder. Petitioner stated that he and Cron went over to the trailer to get Moran. When Petitioner heard a commotion coming from inside the trailer, he went inside to get Cron. Petitioner explained that he and Cron were worried about Moran turning them in for dealing drugs. After the failed attempt to take Moran from the trailer, they decided to get her coming home from work. According to Petitioner, Cron and a friend planned to wait by her workplace, while Petitioner and a friend of his waited over by her house in case she got past Cron. The plan was to take Moran to a park in Rapid City, give her a lethal dose of drugs and make it look like she drove herself into the river. Petitioner told Davis that they met in the park as planned, but Cron left with Moran when another car pulled into the parking lot. At that point, Moran was drugged, but alive. Petitioner indicated that the drugs were provided by Ryan Hittle, but Hittle refused to deliver the lethal dose himself. Petitioner’s cellmate, Scott Riplow also was present when Petitioner told Davis about the home invasion and the plan to kill Moran.
Davis testified that about a week after telling Davis about Moran’s murder, Pe *444 titioner approached Davis and said, “You better not utter a word.... I know you’ve got a wife on the outside,” which Davis took as a threat. After consulting with his wife, Davis decided to contact the police in late January 2002, to tell them what Petitioner had told him about Jamie Moran’s murder. On cross-examination, Davis testified that he was at the Kalkaska County courthouse on September 10, 2001, the same day that Cron had a bond revocation hearing. Davis maintained that he only heard testimony about Cron’s attempt to kidnap Moran from Henke’s residence on September 3. Davis testified that he did not ask for a deal when he provided the information to police, but asked to be released on bond so that he could protect his wife from retaliation.

R. 40, at 8-9, PagelD # 503-04 (citations omitted).

Matthew Alan Cron, William Cron’s younger brother, provided detailed testimony about Cron’s activities on Tuesday, September 4, 2001, when Cron purchased various supplies, including work gloves, baseball gloves, a fake mustache and side burns, and hair dye, which he then put on to change his appearance. Early the next morning, September 5, 2001, Cron called and asked Matthew to pick him up at the bar by Bear Lake. When Matthew arrived, Cron was cold because he was wet from the waist down, and Cron told Matthew to wipe his fingerprints off the car he had stolen and to get rid of the keys.

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568 F. App'x 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ivan-bechtol-v-john-prelesnik-ca6-2014.