William George Bonin v. Arthur Calderon, as Warden of San Quentin State Prison James Rowland, Director of the California Department of Corrections

concurring.

The facts of this case shock even those of us inured to shocking facts by years of capital cases. Most distressing, however, is that these tragedies could have been averted: Bonin gave us more than fair warning of his proclivities before he embarked on his killing spree. The sordid tale begins at least as early as Bonin’s service in Vietnam, when “he began to engage in violent nonconsensual homosexual activity.” People v. Bonin, 46 Cal.3d 659, 671 , 250 Cal.Rptr. 687 , 758 P.2d 1217 (1988). Upon returning to civilian life, Bonin was twice convicted of kidnapping and sexually molesting a total of five boys between the ages of twelve and eighteen. The first conviction, in 1969, brought him all of three years behind bars; the second, in 1975, only three more. People v. Bonin, 47 Cal.3d 808, 824 , 254 Cal.Rptr. 298 , 765 P.2d 460 (1989). In 1978, Bonin was let loose on an unsuspecting population, condemning at least fourteen (and perhaps as many as twenty-one) more boys to sexual abuse, followed by slow, painful deaths. One knows not whether to pity more the victims of this ordeal or their parents, who must live with the dreadful knowledge of how their children…

William George Bonin, a California state prisoner awaiting execution at San Quentin State Prison, appeals from the district court’s denial of his two petitions for writ of habeas corpus relief under 28 U.S.C. § 2254 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. §§ 1291 , 2253. We affirm.

I

Between 1979 and 1980, Bonin committed a string of shockingly brutal murders in Southern California. As a result of his activities, Bonin became known as the “Freeway Killer.” Although the details of each murder vary and need not be repeated here, they shared a number of common features. In general, Bonin would pick up boys between the ages of 12 and 19 years. After engaging in various forms of homosexual activity with the boys, Bonin would murder them. The victims were usually killed by strangulation. The bodies of the victims exhibited signs that they had been beaten around the face and elsewhere, including the genital area. Marks were found on the wrists and ankles of the victims, indicating that they had been tied. Several of the bodies exhibited other more gruesome injuries. When Bonin was through with the boys, he would then dump their nude bodies along Southern…

59 F.3d 815 95 Daily Journal D.A.R. 8895 William George BONIN, Petitioner-Appellant, v. Arthur CALDERON, as Warden of San Quentin State Prison; James Rowland, Director of the California Department of Corrections, Respondents-Appellees. Nos. 92-56299, 93-99000. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1994. Decided June 28, 1995. Emry J. Allen and Michael H. Roquemore, Deputy State Public Defenders, San Francisco, CA, for petitioner-appellant. Esteban Hernandez, Supervising Deputy Atty. Gen., San Diego, CA, for respondents-appellees. Appeals from the United States District Court for the Central District of California. Before: WALLACE, Chief Judge, BRUNETTI and KOZINSKI, Circuit Judges. WALLACE, Chief Judge: 1 William George Bonin, a California state prisoner awaiting execution at San Quentin State Prison, appeals from the district court's denial of his two petitions for writ of habeas corpus relief under 28 U.S.C. Sec. 2254 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Secs. 1291 , 2253. We affirm. 2 * Between 1979 and 1980, Bonin committed a string of shockingly brutal murders in Southern California. As a result of his…