Frederick George Roehler, II v. Robert Borg Attorney General of the State of California

Frederick George Roehler, II appeals the district court’s denial of his petition for habeas corpus relief. He argues that there was insufficient evidence to support his conviction of two counts of murder with special circumstances. We affirm.

BACKGROUND

On January 2, 1981 Roehler, his wife Verna, and his stepson Douglas took a dory from their sailboat to Bird Rock. Later that day, the crew aboard a boat called “The Sound of Music” spotted the dory floating overturned. Roehler was floating nearby with Verna under one arm and Douglas under the other. The crew brought the three aboard, but they were unable to revive Verna and Douglas.

A preliminary autopsy revealed that Verna and Douglas died from accidental drowning. A second autopsy revealed head wounds and evidence that the wounds occurred before the drowning. The State of California charged Roehler with two counts of murder and three special circumstances. A jury convicted him of both counts and two of the three special circumstances. Roehler was sentenced to life in prison without the possibility of parole.

The California Court of Appeal affirmed the judgment, but struck certain evidence that had been admitted at trial. The…