Daniel Vasquez v. R. Kirkland

facts of the crime. Because this initial statement of facts is drawn from the state appellate court’s decision, it is afforded a presumption of correctness that may be rebutted only by clear and convincing evidence. See 28 U.S.C. § 2254(e)(1); Moses v. Payne, 555 F.3d 742, 746 n.1 (9th Cir. 2009). Vasquez does not allege that these preliminary facts are erroneous. 9256 VASQUEZ v. KIRKLAND Lisa Sanchez.2 Detective Sanchez was assisted by a records clerk who had learned American Sign Language from her stepmother and by taking classes. Detective Sanchez showed Zapata a “gang book,” which was a book of 160 photographs of people whom the police believed belonged to the Clover gang. Zapata “right away” identified a photograph of Vasquez. Detective Sanchez testified that Zapata “became like excited and scared and pointing and making noises with her mouth and gesturing that he was the shooter.” After selecting the photograph of Vasquez, Zapata wrote out the following statement: “The person in photo no. 5 is the person that shot my son today.”

The police separately interviewed Shirley Sanchez. When she reviewed the gang book, Sanchez selected photographs of two men, one…