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United States ex rel Campos v. Eighteenth Jucidial Circuit of the State of Illinois

October 29, 2008

UNITED STATES OF AMERICA EX REL. MARCO A. CAMPOS, PETITIONER,
v.
EIGHTEENTH JUCIDIAL CIRCUIT OF THE STATE OF ILLINOIS, RESPONDENT.



The opinion of the court was delivered by: Judge Robert M. Dow, Jr.

MEMORANDUM OPINION AND ORDER

Petitioner Marcos Campos ("Petitioner" or "Campos") seeks a writ of habeas corpus [1] pursuant to 28 U.S.C. § 2254 claiming that his retrial is barred by the Double Jeopardy Clause of the Fifth Amendment because the prosecutor intentionally provoked a mistrial. The petition has been fully briefed. For the following reasons, Campos' petition for writ of habeas corpus [1] is denied.

I. BACKGROUND

The State of Illinois filed a complaint on June 12, 1998, charging Marco Campos with three counts of criminal sexual assault, one count of criminal sexual abuse, and one count of battery. Petition ("Pet."), Ex. J at 1-3. Following a mistrial declared on August 29, 2002, Campos filed a motion to discharge and for acquittal in the Circuit Court of DuPage County, arguing that the Double Jeopardy Clause barred his retrial. Pet., Ex. J at C150. After the Circuit Court denied Campos' motion (Pet., Ex. J at C-211), Campos filed an interlocutory appeal to the Illinois Appellate Court (Pet., Ex. J at C-215). The Appellate Court affirmed the decision of the Circuit Court on June 1, 2004. Pet., Ex. D. On June 22, 2004, Campos filed a petition for rehearing. Pet., Ex. E at 1. The Appellate Court denied Campos' petition for rehearing on July 20, 2004. Pet., Ex. F. Campos then filed a petition for leave to appeal the Appellate Court's decision, which the Illinois Supreme Court denied on November 24, 2004. Pet., Ex. G.

Because Campos does not present clear and convincing evidence challenging the statement of facts set forth in the Illinois Appellate Court's opinion affirming the decision of the Circuit Court of DuPage County, this Court presumes that those facts are correct for purposes of its habeas review. See 28 U.S.C. § 2254(e)(1); see also Virsnieks v. Smith, 521 F.3d 707, 714 (7th Cir. 2008). The pertinent facts, as set forth by the Illinois Appellate Court on June 1, 2004, are set forth below.

Campos worked at Chateau Village Living Center, a nursing home in Willowbrook, Illinois. Pet., Ex. D at 1. He was charged with committing five assaults against four different women while working at Chateau Village Living Center. Id. Four of the five assaults allegedly occurred at Chateau Village Living Center, while the fifth incident was alleged to have taken place in an apartment in Darien. Id. at 1-2.

Campos' trial began on August 26, 2002. Id. at 2. On August 29, 2002, the State called Willowbrook police commander Mark Shelton as a witness. Id. Shelton testified that on May 11, 1998, he went to the Chateau Village Center to speak with the facility administrator, Nancy Hartmann, as part of an investigation stemming from several complaints that the Willowbrook police had received about Campos. Id. Shelton testified that he also spoke to Campos on that date. Id. Defense counsel requested a sidebar and informed the trial court that Campos had asked to speak to a lawyer during his conversation with Shelton and stated that "[i]f that comes out, it will vitiate the jury and cause a mistrial." Id. The following exchange then occurred:

MR. KNIGHT [Assistant State's Attorney]: I'm certainly not going to ask him that.

MR. CONNIFF [Defense Counsel]: Then where are we going with this?

THE COURT: I don't think you want to try this case again. So, make sure, you know --

MR. KNIGHT: I understand the law, Judge.

Id. Assistant State's Attorney Knight then resumed his questioning of Shelton and asked him what he had asked Campos regarding the incidents under investigation and what, if anything, Campos said in response. Id. Defense Counsel again objected, and the trial court overruled the objection. Id. Assistant State's Attorney Knight then asked Shelton to relate what he told Campos and what Campos told him about the incidents, prompting the following exchange:

A: I told him that some ladies had come forward to the police department about some incident involving ...


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