The opinion of the court was delivered by: Harry D. Leinenweber, Judge United States District Court
Hon. Harry D. Leinenweber
MEMORANDUM OPINION AND ORDER
Before the Court is Petitioner's Habeas Corpus Petition. For the reasons stated herein, the Petition is denied and no certificate of appealability is granted.
The day after Christmas 2000, Altonio Stewart ("Altonio") and his son, Charles Stewart ("Charles") were shot to death inside Charles' third-floor apartment at 7908 S. Laflin Street in Chicago. Carolyn Cole ("Cole") (also known as Faye) also lived in the building with Altonio, her fiance. She testified at Petitioner Josap "Blue" Crawford's trial that she heard several gunshots coming from Charles' apartment and then saw Petitioner and Anthony "Gunsmoke" Lake run from Charles' apartment. On the way, Lake dropped a handgun, stopped to retrieve it, and then continued out of the building. This testimony differed from the police report of Cole's initial eyewitness account in which she failed to mention seeing Petitioner running from the apartment; she only mentioned seeing Lake. Petitioner's attorney did not confront Cole with her police report account, but did confront Cole with her grand jury testimony, during which she also never mentioned seeing Petitioner.
Q. And, but, you never told anyone else this before, did you?
A. What do you mean -- Q. That you saw him [Petitioner] running down the steps?
Q. You testified in the Grand Jury, right?
Q. Did you tell them you saw Josap Crawford on the steps?
A. If I was asked the question. I mean, I'm not sure. I know what I saw. But if I was asked the question, I am sure I answered it. But I can't say right off hand if I was asked the question or not.
Trial Tr., R. FF-56-57, ECF No. 15-8, PageID 922-923. In cross-examining Cole, Petitioner's attorney also quoted at length from Cole's Grand Jury testimony. Id. at FF-58-59, ECF No. 15-8, PageID 924-925.
At the time of the shooting, building resident Angela King ("King") was with Cole. The police report of her interview did not match Cole's account detail-for-detail, but several points were the same. Cole related in her interview with police and at trial that
King was in the hallway at the time the shots were fired; King's police report account seems to indicate that King and Cole were both inside the apartment at the time of the shooting. King's police report account says she ran with Cole to Charles' apartment after the shooting, but it does not mention King seeing anyone flee the scene.
Neither Cole's nor King's police report accounts mention the presence of witness Willie "Little Bill" Cameron ("Cameron") in Cole's apartment. Cameron testified at trial that he ran into Cole's apartment at the time of the shooting and hid in a closet. Besides Cole, two trial witnesses placed Petitioner in the building at the time of the shooting. Cameron testified that the Petitioner, Lake, and the two victims were all standing in the hallway outside of Charles' apartment just before the shooting. Trial witness and building resident Renee Willis ("Willis") testified that shortly before the shooting, she was standing on the second floor landing and witnessed petitioner and Lake headed up to the third floor. She went to the store and when she returned, she headed to the third floor, but ...