Samson Dubria v. G.A. Smith, Warden

197 F.3d 390, 99 Daily Journal DAR 11655, 99 Cal. Daily Op. Serv. 9134, 1999 U.S. App. LEXIS 30064, 1999 WL 1044370
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 19, 1999
Docket98-55914
StatusPublished
Cited by11 cases

This text of 197 F.3d 390 (Samson Dubria v. G.A. Smith, Warden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Samson Dubria v. G.A. Smith, Warden, 197 F.3d 390, 99 Daily Journal DAR 11655, 99 Cal. Daily Op. Serv. 9134, 1999 U.S. App. LEXIS 30064, 1999 WL 1044370 (9th Cir. 1999).

Opinions

BOOCHEVER, Circuit Judge:

This case involves a double tragedy: the sudden death of a promising young woman, and the life sentence without parole of the young doctor found guilty of causing her death as the unexpected result of his allegedly using chloroform to accomplish sexual intercourse.

Samson Dubria, a California state prisoner, appeals the district court’s denial of his federal petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse because of the introduction of prejudicial evidence and improper comments made in closing arguments. The facts are set forth below in some detail because of their importance in resolving most of the claims.1

I. BACKGROUND

The State of California charged Samson Dubria (“Dubria”) with murdering and raping Jennifer Klapper (“Klapper”) while the two were on a sightseeing trip in California. The State alleged that Dubria administered chloroform to Klapper to render her unconscious so that he could rape her, and that Klapper died after suffering a lethal reaction to the chloroform. After a jury trial, Dubria was convicted of first degree murder, rape by use of drugs, and administering a drug in order to enable and assist himself to commit a felony. [ER lb] The jury also found the special circumstance of rape to be true, and he was sentenced to life imprisonment without the possibility of parole. [Id.]

The relevant events began in January 1990, when Klapper became Mends with Dubria at the hospital in Ohio where they both worked. Klapper, who was twenty years old at the time of her death, worked in the medical library while Dubria was a twenty-eight year old resident physician. [ER 3] The relationship between Klapper and Dubria was not a romantic one. Klap-per had stated that she was not physically attracted to Dubria, and at the time of her death, she was romantically involved with Christopher Eckes (“Eckes”). Klapper and Eckes had expressed their love for each other, and had talked of marriage. [Id.]

In March 1991, Dubria told Klapper that he was planning to attend.a class reunion in California and asked Klapper if she wanted to go with him. Klapper was a television and movie fan, and while she was interested in going to California, she also expressed serious reservations about the trip. She told a friend that she felt uncomfortable about going with Dubria because she did not know what he expected from her. [ER 3] Klapper stated that she was not physically attracted to Dubria and did not intend to have a physical relationship with him. Klapper also expressed reservations about being away from Eckes. Klapper’s sister overheard a telephone conversation in which Klapper told Dubria that their relationship was platonic, and that she had a boyfriend. Further, she told Dubria that if he expected to have a physical relationship with her while on the trip, she would have to cancel her plans to [395]*395go. In June 1991, Dubria moved to New Jersey, but continued to communicate with Klapper by telephone. [ER 14] Eventually, the two made plans to go to California together. [ER 4]

Dubria arrived in California first, and picked up Klapper at the airport on August 11, 1991. [ER 14] Klapper and Dub-ria spent the next several days sightseeing around California, staying at the home of Dubria’s parents. [ER 15] On August 15, Klapper and Dubria headed towards the San Elijo State Beach campground where they planned to camp for the night. They did not reach the campground that night, however, but instead checked into a motel in Carlsbad, California.2 [Id.]

At approximately 3:09 a.m., on August 16, 1991, in response to a 911 call, a Carlsbad police officer was dispatched to room 224 at the Allstar Inn, where he found Klapper lying on the bed closest to the door. [ER 2] She was not breathing and had no pulse. Firemen and paramedics soon arrived, and they administered CPR and other life saving and monitoring procedures to Klapper. [Id.] By approximately 3:20 a.m., the paramedics were able to restore some electrical activity in Klap-per’s heart, but not a normal beat. [ER 22] Neither the police officer nor any of the emergency personnel smelled a chemical odor in the room. Klapper was transported by ambulance to the hospital where further attempts to resuscitate her failed. She was pronounced dead at 3:52 a.m. The emergency room doctor could not determine a cause for Klapper’s death. [Id.]

Several hours after her death, Klapper’s body was examined by a coroner’s investigator, who noticed that Klapper was missing an earring, and the lycra pants she was wearing were on inside out. [ER 4] The investigator also noticed scratches on Klapper’s face including a half-moon scratch on her left cheek. [Id.] The investigator examined room 224 at the Allstar Inn, and in the trash basket found a beer can, a mixed drink carton and a styrofoam cup containing a yellowish liquid. None of the items had an odor except that of alcohol. [Id.]

Dubria talked to the Carlsbad police on three occasions during the early morning of August 16, giving essentially the same story each time. [ER 8] He explained that he and Klapper had originally planned to stay at a campsite that night, but instead arrived at the Allstar Inn at about 11:30 p.m. [ER 9] Dubria told the officers that Klapper complained of dizziness and headaches, and that she had a history of headaches. [Id.] Dubria stated that after Klap-per went to sleep, she tossed and turned the whole evening. Dubria awoke at about 3 a.m. and went to the bathroom, then heard a thud, and a moan. [Id.] Dubria returned to find Klapper on the floor. She was not breathing and had no pulse. [Id.] Dubria administered CPR for about five minutes. He then panicked, and instead of calling 911 on the room phone, Dubria ran out of the room to seek help. [ER 9] The motel staff told Dubria to call 911 from his room. [ER 16] Dubria then found that he had locked himself out of the room, so he ran back to the motel office, got a key, ran back to his room a second time, and then called 911. [ER 8]

Dubria told police that he and Klapper had intercourse that night. [ER 8, 10] Dubria stated that he had drunk a beer and a mixed drink and that Klapper had several sips of the mixed drink. [ER 10] Dubria stated he did not know why Klap-per had died, and that except for some brief periods when Klapper was making phone calls, he and Klapper had spent the entire day and evening together. [ER 10]

[396]*396Dr. Leena Jariwala, a forensic pathologist, performed the autopsy on Klapper’s body. [ER 4] Dr. Jariwala found numerous pink or red abrasions and bruises on Klapper’s face, including on her upper and lower right eyelids, her right chin, her left cheek, and the tip of her nose. [ER 5] Because it appeared these injuries resulted in bleeding, Dr. Jariwala concluded that they were inflicted before Klapper’s heart stopped beating. [Id] Dr. Jariwala and the emergency room physician who treated Klapper concluded that the injuries were not associated with the application of CPR, and the firemen and paramedics who aided Klapper did not believe that any of the equipment used could cause Klapper’s facial injuries nor had they seen such injuries caused by the application of CPR. [Id,.]

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197 F.3d 390, 99 Daily Journal DAR 11655, 99 Cal. Daily Op. Serv. 9134, 1999 U.S. App. LEXIS 30064, 1999 WL 1044370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samson-dubria-v-ga-smith-warden-ca9-1999.