United States District Court, W.D. Washington, Seattle
ORDER DENYING PETITIONER'S MOTION UNDER 28 U.S.C.
S. Lasnik United States District Judge.
matter comes before the Court on petitioner Leslie Guy
Wilson's motion under 28 U.S.C. § 2255. Dkt. #1.
Conviction and Supervised Release Violations
February 10, 1992, petitioner pleaded guilty to one count of
murder in the second degree, in violation of 18 U.S.C.
§§ 1151, 1153, 1111, one count of assault with a
dangerous weapon, in violation of 18 U.S.C. §§
1151, 1153, and use of a weapon during a crime of violence,
in violation of 18 U.S.C. § 924(c). Ex. C, Dkt. #5-3 at
2-3. This pertained to the murder of R.J.H. and J.A.H. on
September 22, 1991. Ex. A, Dkt. #5-1 at 2-3. J.A.H. had also
been sexually assaulted. Id. at 4. According to the
complaint, officers found a man's red shirt next to her
body and discovered the presence of what appeared to be semen
on the floor. Id. Petitioner's brother, Walter,
brought petitioner to the Neah Bay Police Department later
that night. Id. “[H]e had heard about the
shootings, and he knew that [petitioner] had access to a .22
caliber semi-automatic pistol. [He] was fearful that
[petitioner] had been involved in the shootings.”
Id. at 4-5. Petitioner was intoxicated. He was
arrested. Id. at 5. According to his brother,
petitioner had stolen a 0.22 caliber semi-automatic pistol
from Kenneth McKenney three weeks ago, and had also expressed
anger toward R.J.H. in the same period. Id. The next
morning, on September 23, 1991, Special Agent Gahan advised
petitioner of his Miranda rights and petitioner
waived them. Id.; see Miranda v. Arizona,
348 U.S. 436 (1966). He was shirtless. Id. He
admitted that he had been at the residence of R.J.H. and
J.A.H. the night before, and that he had a .22 caliber
semi-automatic pistol with him. Id. at 6. He stated
that the red shirt that was recovered belonged to him.
Id. Pursuant to a search warrant for the person of
petitioner, a blue light was reflected on his groin area. The
light revealed the presence of semen. Id. Another
search warrant was obtained for petitioner's residence. A
.22 caliber semi-automatic pistol was recovered near the
residence in some weeds. It had been fired. Id.
McKenney identified the gun and stated that petitioner had
taken it from him. Id. at 7.
Rainwater also made a complaint that petitioner approached
her in the evening on September 22, 1991 as she was walking
by his residence, pointed a gun at her, and demanded drugs.
Id. Rainwater said that she didn't have any, and
petitioner walked away, facing east. R.J.H. and J.A.H.'s
residence was located one half-mile east of petitioner's
residence. This occurred approximately one hour before their
bodies were discovered. Id. Finally, a preliminary
examination of J.A.H. had revealed the presence of foreign
hairs in her pubic region. Id. In an FBI report
dated October 31, 1991, this hair was found to be
“consistent with having originated from
[petitioner].” Ex. B, Dkt. #5-2 at 7. The examiner also
pointed out that “hair comparisons [did] not constitute
a basis for absolute personal identification.”
was sentenced to 228 months on September 16, 1992. He was
released from custody on September 19, 2008. Several
subsequent violations have since been the subject of
proceedings before this Court. Most recently, while
petitioner was imprisoned, the Bureau of Prisons designated
that petitioner complete the last few weeks of his term of
imprisonment at the Pioneer Fellowship House residential
reentry center. Dkt. #5 at 4. Petitioner arrived on January
3, 2013 and escaped on January 10, 2013. Id. In a
separate case, he was charged with escape under 18 U.S.C.
§ 751(a) and sentenced to 60 months. United States
v. Leslie Guy Wilson, No. 2:13-cr-00024-RSL-001 (W.D.
Wash, October 25, 2013). He was then taken into custody by
King County on allegations that he had sexually assaulted his
adopted granddaughter. Dkt. #5 at 4. The case remains pending
retrial. See State v. Wilson, No. 13-1-01376-9 (King
County Sup. Ct.). Petitioner is still subject to supervised
release and is therefore in “custody” for the
purposes of § 2255. United States v. Reves, 774
F.3d 562, 565 (9th Cir. 2014).
meantime, the Department of Justice (“the
Department”) undertook a review of hair comparison
reports prepared by the FBI prior to December 31, 1999. Dkt.
#5 at 5. The Department has looked for instances where
“examiners have overstated their conclusions relative
to accepted scientific standards.” Id. In this
case, they determined that the examiner's comment that
the foreign hair removed from J.A.H.'s body was
“consistent with having originated from”
petitioner exceeded the limits of science. The Department
notified petitioner of the review and stated that it would
“waive reliance upon the statute of limitations as to
any section 2255 petition based on the erroneous statement in
the forensic report.” Id.
Petition under 28 U.S.C. § 2255
filed his § 2255 motion on April 2, 2019. Dkt. #1. He
has also filed several additional “statements.”
See Dkts. #6, #8, #12, #14, #15. Petitioner requests
relief on four grounds. His first ground is “wrongful
statements used in discovery by supervisory special
agent.” Dkt. #1 at 4. Petitioner alleges that the FBI
“laboratory examiners exceeded the limits of science by
overstating the conclusions that may appropriately be drawn
from a positive association between evidentiary hair and a
known hair sample.” Id. He claims that the
United States has waived reliance on the statute of
limitations under 28 U.S.C. § 2255(f) and any defenses
regarding procedural defaults “to permit the resolution
of legal claims arising from the erroneous presentation of
microscopic hair examination laboratory reports or
testimony.” Id.; see Dkt. #6 at 1.
His second ground concerns an “illegal recorded
interview that did not show up in discovery.”
Id. at 5. He states that he was interviewed on the
Makah Indian Reservation by police officers and a United
States Attorney. They told him that they had identified his
fingerprints at the crime scene and found a red shirt
belonging to him. Petitioner claims that he kept asking for
his attorney, and the United States Attorney told him that he
was “like [petitioner's] attorney.”
Id. Petitioner also asserts that he was brought to
jail in a pair of swimming shorts, although “in the
discovery it said the [red] shirt was on [his] person and so
was a pair of Levi jeans with some short[s].” Finally,
he claims that his blood tests were lost. Id. He
states that he did not raise this issue on appeal or
post-conviction proceedings because the government lost his
five blood tests and his defense counsel would not file the
paperwork. Id. at 6; see Dkt. #6 at 1-3.
third ground concerns his violations on probation.
Id. at 7. He states that the residential reentry
center insisted that he needed to register as a sex offender
even though the Sex Offender Registry indicated that he was
not required to do so. Id. He walked out of the
halfway house as a result. He states that he was told by his
attorneys that none of his paperwork before the Court would
mention any sex offenses. Id. He claims that he
raised this issue on another § 2255 motion. Id.
see Dkt. #6 at 3. Fourth, he states that two witnesses
were forced to make statements by the government.
Id. at 8; see Ex. D, Dkt. #5-4. He also
mentions that he chose not to read his statement regarding
his acceptance of responsibility at his plea hearing.
Id. He claims that he informed his defense counsel
of these issues, but they were not pursued. Id. at
9. Finally, he mentions being arrested on July 12, 2012. No.
warrant was presented, and the arresting officer could not
find it in his email. Id. He states that he has
raised this ground in another § 2255 motion.
Id. at 10. He requests that the case be removed from
his record, and that he be allowed to change his name.
Id. at 12.
a § 2255 motion must be filed within one year from the
date on which a judgment becomes final. 28 U.S.C. §
2255(f)(1). However, the motion may be filed up to one year
from “the date on which the facts supporting the claim
or claims presented could have been ...