United States District Court, S.D. Illinois
MARK J. ANDERSON, Petitioner,
KAREN JAIMET, Respondent.
MEMORANDUM AND ORDER
HERNDON UNITED STATES DISTRICT JUDGE
Mark J. Anderson was convicted of two counts of predatory
criminal sexual assault of a child and one count of
aggravated criminal sexual abuse after a jury trial in the
Circuit Court of DuPage County, Illinois, in 2003. He was
sentenced to consecutive terms of imprisonment totaling
twenty-three years. After exhausting state court remedies, he
filed a petition for writ of habeas corpus pursuant to 28
U.S.C. §2254. (Doc. 1).
matter is now before the Court on respondent's Motion to
Dismiss, arguing that the petition is time-barred. (Doc. 11).
Petitioner responded to the motion at Doc. 14.
Grounds Asserted for Habeas Relief
construed on preliminary review, the petition states the
1. Use of inadmissible hearsay evidence (minor victim's
statements made to an investigator) at trial;
2. The introduction of petitioner's illegally obtained
3. Lack of corroborating evidence;
4. Lack of DNA testing;
5. Ineffective assistance of appellate counsel; and
6. Actual innocence.
See, Doc. 3.
of the issue raised in respondent's motion, it is not
necessary to delve too deeply into the facts underlying
summary of the fact is taken from the Appellate Court's
Rule 23 Order denying Anderson's direct appeal, Doc. Doc.
11, Ex, 2. State court determinations of facts
“shall be presumed to be correct” and can only be
rebutted by “clear and convincing evidence.” 28
U.S.C. §2254(e)(1). Petitioner has not offered any
evidence to rebut the state court's determinations of
victim was petitioner's nine-year-old stepdaughter, A.F.
A.F. told her brother, J.F., that petitioner sexually abused
her, and J.F. told their mother. The mother contacted the
police. Casey Woodham, an investigator with the DuPage County
Children's Center, interviewed the victim. A.F. made
detailed statements describing petitioner's abuse of her.
Petitioner was interviewed by a different investigator and a
detective; during that interview, he confessed to sexually
abusing A. F.
two years later, A.F. was interviewed again. This time, A.F.
said that she had been abused by a man named
“Robert” whom she had met at a park and who had
come to her home five times and abused her. She also said
that her brother J.F. had told her to change her story so
that Anderson would not go to jail.
trial, the videotaped confession was played, and Casey
Woodham testified about the statements made by A.F. during
the first interview. A.F. testified that it was
“Rob” and not petitioner who had abused her. A
detective testified that he had removed a stained comforter
and a carpet sample from the home. A forensic scientist
testified that the carpet did not contain blood or semen and
that the stain on the comforter tested positive for semen.
However, the semen on the comforter did not match
petitioner's DNA profile. Petitioner ...