State Of Washington, V William J. Grisso
48244-4
| Wash. Ct. App. | Apr 4, 2017Background
- Victim Nancy Gardner and defendant William Grisso lived together; Grisso purchased two 9mm handguns and maintained secret romantic contact with another woman, Carolynne Rapier.
- On June 30, 2014, Gardner was killed; her body was later found in a secluded state park with two 9mm gunshot wounds to the head and nearby 9mm casings and bullets.
- Cellphone data and photo coordinates placed Gardner’s phone near the park at 4:58 PM; Grisso gave inconsistent accounts of his whereabouts and filed a missing-person report the evening of June 30.
- A Sig Sauer 9mm (matching ballistic characteristics of bullets found) was purchased by Grisso but never recovered; the Smith & Wesson he claimed Gardner took was later found at his arrest location.
- Jury convicted Grisso of first-degree murder with special findings he was armed and that the victim was a household member. Grisso appealed challenging premeditation sufficiency, prosecutorial misconduct, a reasonable-doubt instruction, and appellate costs.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Grisso) | Held |
|---|---|---|---|
| Sufficiency of evidence for premeditation | Evidence of motive, weapon procurement, stealth, and killing method supports premeditation | Evidence insufficient to prove premeditation beyond a reasonable doubt | Affirmed: viewed in light most favorable to State, evidence supported premeditation (motive, procurement, stealth, method) |
| Prosecutorial misconduct — jury-role and appeal to community | Closing urged jury to return the verdict reflecting the truth and justice for community; State argues argument drew reasonable inferences and was not inflammatory | Argued prosecutor mischaracterized jury role and appealed to passion/prejudice | Rejected: no timely objection; even if improper, Grisso failed to show incurable prejudice or substantial likelihood of affecting verdict |
| Prosecutorial misconduct — jigsaw-puzzle analogy (burden of proof) | Analogy illustrates reasonable-doubt concept without quantifying or lowering burden | Argued analogy minimized/quantified beyond-reasonable-doubt standard (implied missing pieces %) | Rejected: Fuller controls — analogy permissible where it does not equate/quantify burden and trial instruction correctly stated beyond a reasonable doubt |
| Jury instruction on reasonable doubt ("abiding belief in the truth of the charge") | State relied on standard instruction explaining reasonable doubt | Grisso argued instruction encouraged a "search for the truth" and violated due process | Rejected: Instruction previously approved by Washington Supreme Court (Bennett) and appellate decisions; no error |
Key Cases Cited
- Pirtle v. State, 127 Wn.2d 628 (discusses sufficiency review and circumstantial evidence for premeditation)
- Gentry v. State, 125 Wn.2d 570 (defines premeditation and deliberation language)
- Camarillo v. State, 115 Wn.2d 60 (credibility determinations reserved for jury)
- Ollens v. State, 107 Wn.2d 848 (use of a weapon can show procurement of a weapon)
- Neslund v. State, 50 Wn. App. 531 (procurement shown where gun used in killing)
- Emery v. State, 174 Wn.2d 741 (prosecutorial misconduct standard and waiver analysis)
- Thorgerson v. State, 172 Wn.2d 438 (prejudice standard for prosecutorial misconduct)
- Fuller v. State, 169 Wn. App. 797 (approving jigsaw-puzzle analogy in closing)
- Bennett v. State, 161 Wn.2d 303 (approved reasonable-doubt instruction language)
- Jenson v. State, 194 Wn. App. 900 (rejected argument that instruction impermissibly encouraged a search-for-truth)