Calderon

ORDER ON RESPONDENT’S MOTION FOR EARLY SUMMARY JUDGMENT/ADJUDICATION

DEATH PENALTY

I. INTRODUCTION

Before this Court is Respondent’s Motion for Early Summary Judgment/Adjudication. The motion came before the Court for oral argument on February 9, 1998. Having carefully considered all papers filed in support of and in opposition to the motion, and oral argument thereon, the Court hereby GRANTS IN PART the Motion for Early Summary Judgment/Adjudication.

II. BACKGROUND

A. 7-Eleven Murder

Alvin Owens was an employee at a 7-Eleven store in Whittier. Alfred Coward, known as “Blackie,” testified as an immunized witness at petitioner’s trial and gave the following account of Owens’s death:

At approximately 10:30 p.m. on February 27, 1979, petitioner Stanley Williams came to Coward’s house. The two went to the home of James Garrett (where petitioner was staying) and petitioner went inside, returning with a sawed-off shotgun. He was accompanied by a man named Darryl. The three men made several stops, including one to obtain “sherms” (cigarettes containing phencyclidine (PCP)). They all shared a sherm, then picked up Tony Sims. Petitioner shared a second sherm with Coward and Sims,…