The opinion of the court was delivered by: Honorable Michael A. Telesca United States District Judge
Pro se petitioner Michaeljon Lord ("Lord" or "Petitioner") has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his detention in Respondent's custody. Lord is incarcerated pursuant to a judgment of conviction entered against him in Cattaraugus County Court, on October 10, 2006. Lord was convicted, upon a jury verdict, of rape in the second degree, criminal sexual act against a child in the second degree, endangering the welfare of a child, and unlawfully dealing with a child in the first degree.
II. Factual Background and Procedural History
Petitioner, then twenty-one-years-old, met fourteen-year-old S.E. and her friend, Kristen.*fn1 Kristen was fourteen- or fifteen- years-old at the time. When S.E. and Kristen when to church on July 31, 2005, they met Petitioner who asked if they wanted to go to his house. Petitioner told the girls he was eighteen.
At Petitioner's house, all three smoked marijuana. Petitioner then had sex with Kristen while S.E. remained in the room and looked out the window, apparently to give them privacy. Petitioner and S.E. walked Kristen to her boyfriend's house. Petitioner and S.E. returned to his house.
The mother of Petitioner's friend, Devon, came over to ask him to obtain marijuana for her and Devon, so Petitioner went out to purchase some. When he returned, he and S.E. went over to Devon's house where everyone smoked marijuana again.
Later that evening, Petitioner and S.E. had sex twice more. In the morning, they showered together and had sex two more times. S.E. also performed oral sex on Petitioner. Petitioner initiated the sexual activity, although S.E., who had told Petitioner she was fourteen, did not object or resist.
Afterwards, the two went outside and sat on the porch. In the meanwhile, S.E.'s mother had alerted the police that her daughter had run a way. The state troopers eventually arrived at Petitioner's house and brought S.E. back to her mother's house.
Upon learning that her daughter had had sex with Petitioner, S.E.'s mother brought her to the hospital where medical staff performed a pelvic examination on S.E. and collected samples for testing.
S.E. later gave a statement to the police, and the following day, troopers spoke to Petitioner at the barracks. When one of the investigators asked Petitioner if he had learned anything from the episode, Petitioner replied, "Yep, stay away from the young 'uns."
T.161-62, 177-78.*fn2 Petitioner, who had been given his Miranda warnings and waived his rights, gave a written and signed statement to the police.
Petitioner's statement was consistent with S.E.'s testimony, except that he asserted that S.E. initiated the sexual activity in the morning. According to Petitioner, S.E. came into his bedroom and woke him up. They started undressing, and S.E. "pulled [his] pants down and gave [him] head", and then they had intercourse with "[S.E. . . . on top of [Petitioner]." T.170. Petitioner stated, "I didn't force S.E. to do anything." Id. When they finished having sex, they went downstairs and then the police arrived. Petitioner stated that S.E. had informed that she was "16, going on 17" and admitted that he had "no idea how old Kristen was". T.170-71.
The jury returned a verdict convicting Petitioner as charged in the indictment on August 24, 2006. On October 10, 2006, Petitioner was sentenced to consecutive, indeterminate terms of 6 to 12 years on the rape and criminal sexual act ...