Karen Boes
Karen Boes
Michigan
Convicted: 2003
Death of daughter.
Sentence: Life Without Parole
Arson Denied



Summary From the Innocence Project: Karen Boes was convicted of arson/first degree murder in the death of her teenage daughter, Robin, who died on July 30, 2002. She was sentenced to life without parole. Investigators claimed that Boes sprinkled gasoline in her daughter’s bedroom and lit the fire. A witness testified that the day before the fire, Boes admitted hate and violent feelings towards her daughter. Additionally, Boes allegedly made incriminating statements to an ATF agent during the investigation. Boes’s defense maintained that the alleged confession was coerced and that the fire was either an accident or suicide on the part of Robin Boes.

In 2004, Boes appealed her conviction. Her attorneys from the state Appellant Defenders Office argued that some of her statements were inadmissible because she was not advised her rights, and that the evidence against her was insufficient for a murder conviction. Her appeal for a new trial was denied by the Michigan Court of Appeals. She still maintains herinnocence and is currently represented by Marc Satawa of Kirsch & Satawa of Detroit.

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Retired Grand Rapids fire dog known for impressive accuracy in investigations dies
By John Tunison | The Grand Rapids Press



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Grand Rapids Press File Photo

Loyal friend: Grand Rapids fire investigator Pablo Martinez and his accelerant-detector dog, Rhonda, started working together in 2000. They retired from the department together in 2008.





GRAND RAPIDS — A few days ago, retired Grand Rapids fire investigator Pablo Martinez watched his retired fire dog, Rhonda, run and play at a local park, never suspecting anything amiss.

So it was a shock when he and his wife found the 12-year-old black Labrador, well-known for her accelerant-sniffing prowess, dead on the floor of their home on Saturday.

“My wife is taking it very hard,” said Martinez, who cared for Rhonda as a family member.

A veterinarian’s necropsy showed she likely died of a tumor on her heart that eventually caused a rupture.

The dog is being remembered for her astonishing abilities that helped police and fire investigators solve countless suspicious blazes, including several involving homicides.

Rhonda put her nose to the ground at hundreds of fire scenes during her service from 2000 to 2008.

“This is going to be tough,” said Martinez, who thought Rhonda might live several more years. “She was one-of-a-kind.”

One of the most high-profile cases Rhonda worked was the July 2002 death of 14-year-old Robin Boes, whose body was found in the family’s burned Zeeland home. While much of the home smelled of gasoline, Rhonda found key evidence of gasoline on an overturned chair in the bedroom of Robin’s mother, Karen.

The mother was convicted of murder.

“That chair was a crucial piece of evidence we likely would not have found without her,” said Alcohol, Tobacco and Firearms investigator Mike Marquardt, whose agency offered Rhonda to Martinez a decade ago and paid for five weeks of training.

She lived with Martinez and his family since he took her on, abiding by a strict regimen of getting food when she worked. The practice meant Martinez was busy every day, doing training exercises when there wasn’t a fire to investigate.

Rhonda’s nose was so sensitive, she could sniff out a drop of gasoline or other accelerant on a piece of wood from a considerable distance.

Martinez remembered an instance where he investigated a routine attic fire and brought Rhonda into the house for companionship. But the dog soon “alerted” to insulation that had fallen from the ceiling — material that Martinez could not tell was tainted.

The discovery helped convict a contractor, also a minister, who had been paid up front to renovate the vacant home but ran out of money. He set the attic on fire.

In another case, Rhonda helped sniff out the remnants of a Dixie cup of gas that was poured on the stairs of an Alpine Avenue NW stairwell leading to apartments and set ablaze in 2000, killing a tenant. She found the accelerant despite the enormous amount of water used to put out the fire.

Rhonda and Martinez retired together in 2008.

The only ATF-trained fire dog in Michigan today is based in Detroit, but Marquardt hopes to have another one in West Michigan someday. The only obstacle is finding a fire investigator and his family willing to devote the time and discipline to a dog, as well as a fire department that can pay for veterinary care and the investigator’s overtime.

Meanwhile, Rhonda is to be buried Thursday at Noah’s Pet Cemetery near Cascade Road and 28th Street, with police paying for the site, casket and headstone. Martinez posted entries about Rhonda’s death on Facebook and described the outpouring of support as phenomenal.

E-mail John Tunison: jtunison@grpress.com

© 2012 MLive.com. All rights reserved.

Boes -Article 2
December 22, 2010 KAREN SUE BOES, PETITIONER, v. UNITED STATES DISTRICT JUDGE MILLICENT WARREN, RESPONDENT
The opinion of the court was delivered by: Honorable Paul D. Borman
OPINION AND ORDER GRANTING PETITIONER'S MOTION TO REINSTATE THE HABEAS PETITION, GRANTING THE MOTION TO AMEND PETITION FOR WRIT OF HABEAS CORPUS, AND ORDERING THAT THE AMENDED PETITION BE SERVED UPON THE RESPONDENT AND THE MICHIGAN ATTORNEY GENERAL, AND DIRECTING RESPONDENT TO FILE AN ANSWER TO THE AMENDED PETITION FOR WRIT OF HABEAS CORPUS AND THE RULE 5 MATERIALS .
Petitioner filed a petition for writ of habeas corpus with this Court through her counsel Mark A. Satawa and Stuart G. Friedman, in which she challenged her conviction for for first-degree felony murder. On June 25, 2009, this Court entered an opinion and order granting petitioner's motion to hold her habeas petition in abeyance pending the completion of state post-conviction proceedings by petitioner. The Court also administratively closed the case. Boes v. Warren, No. 2009 WL 1856511 (E.D. Mich. June 25, 2009). Petitioner has now filed a motion to reinstate the petition and for leave to file an amended petition for writ of habeas corpus. For the reasons stated below, petitioner's motion to reinstate the petition for writ of habeas corpus to the Court's active docket is GRANTED. The Court will also GRANT the motion to amend the habeas petition. The Court will further order that the Clerk of the Court serve a copy of the amended petition for writ of habeas corpus upon respondent and the Michigan Attorney General's Office by first class mail. The Court will further order the respondent to file an answer to the amended petition and the Rule 5 materials within one hundred and eighty (180) days of the Court's order.
Federal courts have the power to order that a habeas petition be reinstated upon timely request by a habeas petitioner, following the exhaustion of state court remedies. See e.g. Rodriguez v. Jones, 625 F. Supp. 2d 552, 559 (E.D. Mich. 2009). Because petitioner is now alleging that her claims have been exhausted with the state courts, her petition is now ripe for consideration. Accordingly, the Court will order that the original habeas petition be reopened.
The Court will also grant petitioner's motion to amend her habeas petition. The decision to grant or deny a motion to amend a habeas petition is within the discretion of the district court. Clemmons v. Delo, 177 F. 3d 680, 686 (8th Cir. 1999); citing to Fed.R.Civ.P. Rule 15. Notice and substantial prejudice to the opposing party are the critical factors in determining whether an amendment to a habeas petition should be granted. Coe v. Bell, 161 F. 3d 320, 341-342 (6th Cir. 1998).
The Court will permit petitioner to amend her petition, because there is no indication that allowing the amendment would cause any delay to this Court nor is there any evidence of bad faith on petitioner's part in bringing the motion to amend or prejudice to respondent if the motion is granted. See Gillette v. Tansy, 17 F. 3d 308, 313 (10th Cir. 1994). Additionally, because petitioner has filed this motion to amend the petition before the Court has adjudicated the issues in her petition, the motion to amend should be granted. Stewart v. Angelone, 186 F.R.D. 342, 343 (E.D. Va. 1999).
The Court will further order that the Clerk of the Court serve a copy of the amended habeas petition and a copy of this Order on Respondent and on the Attorney General for the State of Michigan by first class mail as provided in Rule 4 of the Rules Governing § 2254 Cases, Rule 4. See Coffee v. Harry, 2005 WL 1861943, * 2 (E.D. Mich. August 2, 2005).
The Court will also order the respondent to file an answer to the amended habeas petition within one hundred and eighty days of the Court's order. This Court has the discretion under the rules governing responses in habeas corpus cases to set a deadline for a response to petitioner's habeas petition. Erwin v. Elo, 130 F. Supp. 2d 887, 891 (E.D. Mich. 2001); 28 U.S.C. § 2243.
The Court will also order respondent to provide this Court with the Rule 5 materials at the time that it files its answer. The habeas corpus rules require respondents to attach the relevant portions of the transcripts of the state court proceedings, if available, and the court may also order, on its own motion, or upon the petitioner's request, that further portions of the transcripts be furnished. Griffin v. Rogers, 308 F. 3d 647, 653 (6th Cir. 2002); Rules Governing § 2254 Cases, Rule 5, 28 U.S.C. foll. § 2254.
Finally, the Court will give petitioner forty five days from the receipt of the respondent's answer to file a reply brief to the respondent's answer, if she so chooses. Rule 5(e) of the Rules Governing § 2254 Cases, 28 U.S.C. foll. § 2254 states that a habeas petitioner "may submit a reply to the respondent's answer or other pleading within a time fixed by the judge." See Baysdell v. Howes, 2005 WL 1838443, * 4 (E.D. Mich. August 1, 2005).
ORDER
Based on the foregoing, the Petitioner's motion to reinstate her habeas application to the Court's active docket is GRANTED.
IT IS FURTHER ORDERED That Petitioner's motion to amend the petition for writ of habeas corpus is GRANTED.
IT IS FURTHER ORDERED That the Clerk of the Court serve a copy of the amended petition for writ of habeas corpus [Court Dkt. # 6] and a copy of this Order on respondent and the Attorney General by first class mail.
IT IS FURTHER ORDERED that respondent shall file an answer to the amended habeas corpus petition and the Rule 5 materials within one hundred and eighty (180) days of the date of this order or show cause why they are unable to comply with the order.
IT IS FURTHER ORDERED that petitioner shall have forty five days from the date that she receives the answer to file a reply brief.
SO ORDERED.
PAUL D. BORMAN UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on December 22, 2010.
Denise Goodine Case Manager
20101222
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Karen Boes was convicted of first-degree-murder for setting the fire that killed her teenage daughter, Robin, on July 30, 2002. She was sentenced to life in prison without parole.

Investigators claimed that Boes sprinkled gasoline in the upstairs of the house and her daughter’s bedroom and lit the fire. The prosecution also presented a witness who testified that before the fire, Boes spoke of hate and violent feelings towards her daughter. Additionally, Boes allegedly made incriminating statements to an ATF agent during the investigation.

Boes’s defense attorney maintained that the alleged confession was coerced and that the fire was either an accident or suicide on the part of Robin Boes. In 2004, Boes appealed her conviction. Her attorneys from the state Appellant Defenders Office argued that some of her statements were inadmissible because police had not advised rights and that there was not enough evidence to warrant a murder conviction. Appeal for a new trial was denied by the Michigan Court of Appeals. She still maintains innocence and is currently represented by Marc Satawa of Kirsch & Satawa of Detroit.