Before TACHA, Chief Judge, BALDOCK, and EBEL, Circuit Judges.

Kenneth Charm appeals the district court’s decision denying him habeas relief, see 28 U.S.C. § 2254, from his Oklahoma first-degree murder conviction and death sentence. Among other issues, Charm challenges his trial attorney’s conceding Charm’s guilt during first-stage opening argument. Because defense counsel was not constitutionally ineffective in doing so, we affirm the district court’s denying Charm relief on this, and his remaining claims for habeas relief.

I. FACTS

Fourteen-year-old Brandy Hill had traveled to Lawton, Oklahoma, to spend several weeks with her father during her summer vacation. On July 20, 1993, Charm and his sixteen-year-old cousin, Ronald Jessie, visited Michael Hill, the girl’s father. Charm and Hill were described as drinking buddies.

As Charm and Jessie drove away from the Hill residence that afternoon, they spied Brandy walking down the street. The two men lured her into their car. Jessie then wrapped a piece of cloth around Brandy Hill’s neck. The men drove the victim to a field. There, both Charm and Jessie each twice raped the girl. Afterwards, Jessie tried to choke her to death with the piece of cloth. He could not kill her, however. Charm then tried, still without success. Finally, Jessie retrieved a sledgehammer from the car’s trunk and hit the girl twice in the head. Charm then hit her several more times. The two men left Brandy Hill’s body there in the field, where it was discovered several days later.

Jurors convicted Charm of first-degree malice-aforethought murder, kidnapping and first-degree rape. They sentenced Charm to fifty-four and one hundred twenty years’ imprisonment, respectively, on the kidnapping and rape convictions, which were enhanced in light of Charm’s nine prior felony convictions. After finding the existence of the three charged aggravating factors--Charm had killed the victim to avoid arrest or prosecution for kidnapping and raping her, the killing was especially heinous, atrocious or cruel, and Charm was a continuing threat to society--the jury sentenced Charm to death on the murder conviction.

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C. Was there sufficient evidence to support the aggravating factors? Charm argues there was insufficient evidence to support the jury’s finding the existence of the three charged aggravating factors. In this habeas proceeding, the relevant question presented is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the [presence of the aggravating factor] beyond a reasonable doubt.” Fields v. Gibson, 277 F.3d 1203, 1220 (10th Cir. 2002) (applying Jackson v. Virginia, 443 U.S. 307 (1979)) (further quotation omitted); see also Lewis v. Jeffers, 497 U.S. 764, 780-83 (1990).

The Oklahoma Court of Criminal Appeals, however, in addressing these claims, applied a different legal standard, considering instead only whether there was “competent” evidence to support the aggravators. Charm, 924 P.2d at 770. We will, therefore, review these claims de novo, applying Jackson. See Romano, 278 F.3d at 1150; see also Fields, 277 F.3d at 1220 (noting that, prior to AEDPA, this court reviewed similar claim de novo).

1. Continuing threat. Under Oklahoma law, the continuing-threat aggravator may be established solely on the basis of the callous nature of the crime itself. See, e.g., Sallahdin, 275 F.3d at 1232. Here, then, the facts of the kidnapping, rape and murder alone are sufficient to support this aggravating factor. See, e.g., James v. Gibson, 211 F.3d 543, 559 (10th Cir. 2000). In addition, however, the defense’s own psychologist testified that Charm was a continuing threat to society. See Trial tr., vol. 5 at 1311.

The State’s psychologist, too, asserted that Charm’s personal insecurity made it possible that he would become aggressive or assaultive. And while his nine prior felonies had generally been nonviolent, Charm had received prison disciplinary reports for fighting, threatening to kill another inmate and possessing a homemade weapon. See, e.g., James, 211 F.3d at 559 (determining evidence was sufficient to support jury’s finding this aggravator, relying in part on threats defendant made while in custody and his possession of homemade weapons while in prison).

In addition, during his confession, Charm threatened to kill his wife. And he had previously threatened to kill a former work supervisor. Furthermore, a few days after this kidnapping, rape and murder, Charm robbed a convenience store by pretending to have a weapon and threatening to kill the clerk. The record, therefore, was sufficient for a rational jury to find beyond a reasonable doubt that Charm was a continuing threat to society.

2. Avoid arrest or prosecution. The jury found that Charm killed the victim to avoid arrest or prosecution. “Under Oklahoma law,” the avoid-arrest aggravating factor “focuses on the defendant’s intent, which can be proven either through his own statements or circumstantial evidence, and additionally requires proof of a predicate crime, other than the murder, for which the defendant seeks to avoid arrest or prosecution.” Romano, 278 F.3d at 1154.

Here, the kidnapping and rape supply the necessary predicate crimes. Further, the victim knew both her attackers. See, e.g., Romano v. Gibson, 239 F.3d 1156, 1179 (10th Cir.) (determining evidence was sufficient for jury to find this aggravator, where defendant told acquaintance he would have to kill victim after robbing him, because victim knew and could identify petitioner), cert. denied, 122 S. Ct. 624, 628 (2001). Additionally, according to Charm’s own confession, after the rapes, Jessie had asked Charm what they were going to do with the victim. It was only then that Jessie began choking her. Because Jessie was unable to kill her, however, Charm then tried to choke her to death. According to Charm, “she wouldn’t die.” Trial tr., vol. 3 at 847.

Finally, after stating that somebody was going to come, Jessie retrieved the sledgehammer from the car’s trunk and hit the victim in the head several times with it. After noting that “she was still moving,” Charm remarked, “‘[m]an, we’re going to go to jail,’” and then he hit her, too, to “make sure she was dead.” Id. at 847, 863-64. See LaFevers v. Gibson, 182 F.3d 705, 723 (10th Cir. 1999) (determining evidence was sufficient for jury to find this aggravating factor under similar circumstances). The two men then hid the victim’s body and returned to Michael Hill’s home to establish an alibi. This evidence was more than sufficient for a rational trier of fact to find this aggravating factor beyond a reasonable doubt.

3. Especially heinous, atrocious or cruel. “A murder is especially heinous, atrocious or cruel under Oklahoma law if it is preceded by torture or serious physical abuse. Torture includes the infliction of either great physical anguish or extreme mental cruelty, while physical abuse requires evidence of conscious physical suffering.” Toles v. Gibson, 269 F.3d 1167, 1183 (10th Cir. 2001) (further quotation omitted).

Here, again, the evidence was sufficient for the jury to find this aggravating factor beyond a reasonable doubt. Charm and Jessie abducted the victim, wrapping a piece of cloth around her neck. According to Charm’s own confession, the victim kept pleading with them, asking them over and over again to please take her home and not hurt her. See Jones v. Gibson, 206 F.3d 946, 953 (10th Cir. 2000) (noting that under Oklahoma law, victim’s uncertainty as to her fate will suffice to establish mental anguish or torture).

In addition, according to the medical examiner, the victim sustained physical injuries during the kidnapping and rapes, including scratches or a bruise over her right eye and on her right cheek, neck, abdomen and chest, and her left wrist, front and back, as well as her left elbow and arm. See Moore v. Gibson, 195 F.3d 1152, 1177 (10th Cir. 1999) (determining evidence was sufficient to support jury’s finding that murder was especially heinous, atrocious or cruel under similar circumstances). The injuries to her left wrist were consistent with defensive wounds. See Fox, 200 F.3d at 1299 (determining evidence was sufficient to support this aggravating factor where, among other things, victim suffered defensive wounds).

Additionally, trauma to her vaginal area corroborated the confessed rapes. Charm also confessed that the victim continued pleading during the rapes, asking that they not hurt her. See id. (testimony that victim cried out and begged for his life during attack supports finding victim endured conscious physical suffering). After the rapes, both Charm and Jessie each attempted, unsuccessfully, to strangle the victim.

Finally, they each hit her several times over the head with a sledgehammer. While it is unclear when, between the strangulation and the bludgeoning, the victim finally lost consciousness, the preceding events were more than sufficient to establish both torture and conscious physical suffering during the attack. See, e.g., Hooks, 184 F.3d at 1240.

IV. CONCLUSION

For these reasons, we AFFIRM the denial of habeas relief.

Charm v. State, 953 P.2d 47 (Okla.Crim.App. 1998) (PCR)