United States District Court, D. Kansas
MEMORANDUM AND ORDER
CROW U.S. Senior District Judge.
matter is a consolidated action arising from three habeas
corpus petitions filed under 28 U.S.C. § 2254 by the
order entered on September 29, 2016, the Court dismissed
petitioner's claims of actual innocence and directed him
to file an amended petition that contained only claims that
had been exhausted by presentation to the highest state court
(Doc. #8). The matter is now before the Court on the amended
petition (Doc. #9), two supplements to the petition (Docs.
#10 and #16), and five motions for court orders (Docs. #11,
#12, #13, #14, and #15).
was convicted of three counts of first-degree murder, one
count of aggravated robbery, one count of felony theft, and
two counts of misdemeanor theft. State v. Vasquez,
194 P.3d 563 (Kan. 2008).
sought relief both by a direct appeal, id., and in
an action filed under K.S.A. 60-1507. Vasquez v.
State, 331 P.3d 833 (Table), 2014 WL 4080025 (Aug. 15,
2014), rev. denied, July 21, 2015.
case against petitioner was circumstantial but compelling.
The Kansas Supreme Court summarized the case as follows:
On December 12, 1998, the bodies of Vasquez' wife Robin;
Robin's father, Howard Franks; and Tom Dinkel were
discovered in Robin's home in Kinsley, Kansas. Each
victim had been incapacitated by blows or gunshots, then
executed by means of a final gunshot. Investigators recovered
9 mm bullet casings at the scene, and 9 mm bullets were
recovered from the bodies. ‘Robin I Love You' was
written on a wall at the scene. Although Dinkel's truck
had been parked in the driveway in front of Robin's house
the night before, it was no longer there the morning the
bodies were found.
Mike Sebes, who had employed Vasquez, discovered that his 9
mm Firestar handgun was gone when he looked for it on
Dinkel's truck was found in Juarez, Mexico, in late
December 1998. Dinkel's wallet was discovered along
Highway 183 south of Kinsley in February 1999. Sebes' 9
mm Firestar was found in El Paso, Texas, in late December
Vasquez was arrested in Mexico on September 3, 2003; gave
statements to police; and made his first appearance before
the district court on October 19, 2004.
At trial, the State's evidence covered the following