Roger Saesee v. Mike McDonald
Opinion
Opinion
Noonan, J.
Roger Saesee appeals the denial of his petition for a writ of habeas corpus. We find that Saesee’s counsel was not constitutionally ineffective because he did not promise the jury that a witness would testify. We affirm.
FACTS
On November 15, 2004, Joe Fernandez was barbequing with his friend Fernando Cantu when a group of men, including Defendant Saesee, approached them. At least two of the men were members of the Oriental Troop (OT) Gang, a predominantly Asian gang.
One of the men asked Fernandez and Cantu if they were “fleas,” a derogatory term used to insult members of the Mexican Gangster Boys (MGB). Angered, Fernandez responded that neither he nor Cantu was part of the MGB. At this point, Fernandez recognized Saesee and said, according to Cantu’s testimony, “[Saesee] shot up my house a couple months ago. Let’s go in the parking lot and handle it.” Fernandez then took off his shirt, challenged the men to a fistfight, and yelled, “Fuck OTs, fuck Crips ... What, you guys gonna shoot me?” Saesee and another man took out their guns and shot at Fernandez, who died from multiple gunshot wounds.