State v. Pickens
332 S.W.3d 303
| Mo. Ct. App. | 2011Background
- The jury convicted Pickens of second-degree felony murder, first-degree assault, two counts of child abuse, and two counts of armed criminal action, with consecutive sentences totaling two life sentences plus 157 years.
- Dr. Michael Armour testifed pretrial about factitious disorder by proxy (Munchausen syndrome by proxy) and responded to two defense-related hypotheticals.
- Pickens challenged Armour's testimony on Section 552.030.5, invasion of the jury, and Frye admissibility grounds; the trial court admitted the testimony.
- Medical evidence showed the children suffered severe symptoms; Clonidine was found in the daughter's blood and in residue from IV tubing and cups connected to the case.
- An autopsy tied the son's death to Clonidine poisoning with filler material in the lungs; the hospital records showed unusual parental involvement and suspicious conduct by Pickens.
- The State relied on motive and the disorder testimony to explain Pickens’ conduct; Pickens preserved appellate review of the challenged evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 552.030.5 violation evidence | Testimony did not rely on examination statements. | Hypothetical facts derived from the exam impermissibly used to prove guilt. | No violation; testimony did not breach the statute. |
| Invasion of jury by expert | Expert testimony aided jurors on complex issues beyond lay knowledge. | Testimony invaded jury prerogatives on mental state and guilt. | No reversible invasion; harmless error given strong circumstantial evidence. |
| Frye standard | Factitious disorder by proxy is a recognized diagnosis and admissible. | Disorder is not generally accepted and lacks reliability. | Admissible under Frye; the court did not abuse its discretion. |
Key Cases Cited
- State v. Davis, 814 S.W.2d 593 (Mo. banc 1991) (broad discretion to admit/exclude expert testimony; prejudice standard)
- State v. Worrall, 220 S.W.3d 346 (Mo. App. E.D.2007) (prejudice-based reversal standard on appeal)
- State v. Storey, 40 S.W.3d 898 (Mo. banc 2001) (trial-court discretion in evidentiary rulings)
- Paglino, 319 S.W.2d 613 (Mo. 1958) (expert opinion invades jury's province but may aid jury)
- State v. Haslett, 283 S.W.3d 769 (Mo. App. S.D.2009) (limits on expert testimony assessing witness veracity or defendant guilt)
- State v. Hayes, 88 S.W.3d 47 (Mo. App. W.D.2002) (testimony must be helpful to jury; limits on expert intrusion)