Hanson v. State
Annotate this CaseIn 1990, Gregg and her four-year-old son, Aaron, moved into Hanson’s home. They moved out in 1992. After they broke up, Gregg became concerned about Aaron's nightmares and anger, bed-wetting, locking the door when he bathed, and hiding when someone came to the door. Gregg contacted Detective Lamb, who interviewed Aaron, who testified that he and Hanson would shower together and wash each other’s genital areas and that Aaron performed oral sex on Hanson. Hanson was convicted of sexual assault and deviate sexual conduct, MCA 45-5-502(1); 45-5-505(1), and sentenced to 20 years.The Montana Supreme Court affirmed. After his pro se petition for state post-conviction relief was rejected, Hanson’s federal habeas petition was dismissed as procedurally defaulted. The Ninth Circuit affirmed in 2003. In 2012, by counsel, Hanson sought a hearing on "newly discovered evidence" that potential witnesses had contacted Lamb (now deceased) and told her Gregg was lying; Lamb told these witnesses “to stay away” and did not inform Hanson’s attorney. The petition claimed voicemails left by Gregg should have been played for the jury because they indicated she was angry with Hanson for ending their relationship. Because of a warrant for his arrest, Hanson failed to appear for three scheduled depositions. The district court dismissed Hanson’s petition. The Montana Supreme Court affirmed, noting that Hanson had been warned of the possible sanction and the prejudice to the state.
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