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Charges were brought against Sera in Arkansas, Texas, and Missouri for drugging, kidnaping, and sexually assaulting or raping the three women on the videotape, as well as a fourth woman, Jackie Haygood, in Arkansas. Deal's cousin invited Deal's two children to her house for the afternoon, and upon hearing this, Sera invited Deal to accompany him on a drive. In both, Deal's state of dress was altered when she awoke. Bates, 77 F.3d 1101, 1105 (8th Cir.) (upholding conviction for felon in possession of a firearm where the defendant was found dressed in hunting apparel with two other individuals in a boat containing two shotguns, dead ducks, and decoys, despite recognizing the possibility that defendant was a wilderness guide and not hunting), cert.
We are called upon here only to address Sera's conviction in Arkansas for the rape of Deal, and we accordingly focus our discussion on the facts relating to that incident. After taking the children to the cousin's house, Sera and Deal drove to nearby Monticello, Arkansas. Deal testified that the way she felt when awaking in Sera's bed the morning after the Macaroni Grill trip was consistent with the way that she felt after the video-taped episode. 127 (rejecting argument that circumstantial evidence must exclude every reasonable hypothesis other than guilt); Jackson, 443 U.
She found herself wearing nothing but a tee-shirt, but does not recall how she got to that state of undress. Two pharmacologists testified regarding the effects of Rohypnol on the human body. El Sohly testified that ingestion of Rohypnol can cause hypnosis, total muscle relaxation, and loss of memory. El Sohly concluded that the behaviors of Deal, Hataway, and Coleman shown therein were consistent with ingestion of Rohypnol. Tolliver similarly testified that, when ingested, Rohypnol will cause hypnosis, relax muscles, and cause anterograde amnesia. Sera challenged only the rape conviction and argued that his due process rights were violated because there was not enough evidence to support a guilty verdict.
Deal continued to have stomach cramps and felt nauseated. Count 7: Restrained Haygood so as to interfere substantially with her liberty for the purpose of engaging in sexual intercourse, deviate sexual activity, or sexual contact; Ark. He stated that a person under the influence of Rohypnol can be talking and functioning yet still not be able to remember what is happening during that time. Tolliver stated that combining Rohypnol with alcohol causes a magnification of the drug's effects, which can cause a deeper state of unconsciousness. Agreeing with Sera, the District Court set aside the rape conviction.
Deal testified that her last recollection of the evening was walking to the car in the restaurant parking lot. In addition to the facts set out above, the evidence introduced at trial indicated that Mrs. This was a legal determination, which we review de novo.
She did not become aware again until the next morning when she awoke in Sera's bed at a bed and breakfast. Count 8: Engaged in conduct intended to culminate in the commission of the offense of rape of Haygood; Ark. Sera found a bottle labeled “Rohypnol” in Sera's suitcase following one of his out-of-town trips. Foregoing any post-conviction relief in state court, Sera filed his petition for habeas corpus relief in federal court.
These actions were recorded on the videotape found by Mrs. After the episode, Sera drove Deal to her cousin's house to pick up her children. Upon awakening, nothing indicated to Deal that she had sexual intercourse the prior evening.
These vulnerable boys and girls have either been removed from their homes due to abuse or neglect or are returning home after spending time in the juvenile justice system.The two drove to Little Rock, Arkansas, to dine at the Macaroni Grill restaurant.