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Kangas v. Ryan

United States District Court, D. Arizona

May 11, 2018

William Edward Kangas, Petitioner,
v.
Charles L Ryan, et al., Respondents.

          REPORT AND RECOMMENDATION

          Honorable John Z. Boyle United States Magistrate Judge

         TO THE HONORABLE JOHN J. TUCHI, UNITED STATES DISTRICT JUDGE:

         Petitioner William Kangas has filed Motion for Relief Pursuant to Rule 60(b). (Doc. 31.)

         I. Summary of Conclusion.

         Petitioner argues that he is actually innocent because other individuals could have placed pornographic materials on his computer without his knowledge. But Petitioner's claim is nothing more than additional argument regarding claims already considered by the state courts and this Court. Petitioner's claim must be dismissed because it is a disguised, successive § 2254 motion.

         II. Rule 60 Motion.

         On March 16, 2018, Petitioner filed a Rule 60 Motion arguing there is “proof of actual innocence” in his case. (Doc. 31 at 15.) He submits “there are five (5) different ways that Mr. Lamm could have put the [pornographic] pictures and videos on Mr. Kangas' computer.” (Id.) He asserts that the prosecution's computer experts were not experts on “hacking” and had “no knowledge concerning how computers can be ‘hacked' or ‘manipulated.'” (Id. at 18.) He also asserts that “with the amount of pictures and videos allegedly found on Mr. Kangas' computer, and given the fact that Mr. Kangas held a job, took care of his son and participated in activities outside his home, it is feasable that these pictures and videos were placed on his computer by ‘hackers' and/or Mr. Lamm.” (Id. at 20.) He argues that if “trial counsel acted with the customary skill and diligence” and argued that Petitioner's computer had been hacked, then Petitioner would not have been convicted. (Id. at 20.)

         Petitioner also includes a summary of facts and findings related to the disbarment of his trial counsel for conduct between November 2012 and January 2015. The Court notes that Petitioner's trial and appeal concluded before 2009.

         III. Background.

         A. Facts of the Crimes.

         The Court includes a recitation of the facts because they are relevant to Petitioner's claim of actual innocence. The Arizona Court of Appeals found the following:[1]

In September 2005, Kangas was experiencing difficulties accessing digital pictures on his computer's hard drives. Because Kangas's co-worker, A. Lamm, was experienced in repairing computer systems, Kangas gave Lamm a loose hard drive and a computer tower containing two hard drives on or about September 25, 2005, so Lamm could retrieve “family pictures.” After scanning one of the disks in the tower, Lamm discovered a large number of digital photos depicting children engaged in sexual acts. Lamm reported the discovery to his supervisor and ultimately, Yuma police seized the computer equipment and conducted a forensic examination of the loose hard drive, which had at one time been connected to the computer. In three different folders on the hard drive, police discovered seven pictures and three digital videos that formed the basis of the indictment charging Kangas with ten counts of sexual exploitation of a minor in violation of A.R.S. § 13-3553(A)(2) (Supp. 2007).
A jury convicted Kangas as charged and found each offense involved a minor under the age of 15. The superior court sentenced Kangas to ten mitigated ten-year consecutive flat-time prison sentences. Kangas timely appealed.

State v. Kangas, 2008 WL 3856357, at *1-2 (Ariz.Ct.App. 2008).

         B. ...


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