Michael Gordon REYNOLDS, Appellant,
v.
STATE of Florida, Appellee.
Supreme Court of Florida.
*1134 Jаmes S. Purdy, Public Defender, and James R. Wulchak, Chief, Appellate Division, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Barbara C. Davis, Assistant Attorney General, Daytona Beach, FL, for Appellee.
PER CURIAM.
We have on appeal a judgment of conviction of two counts of first-degree murder and corresponding sentences of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons that follow, we affirm the convictions and sentences of death.
I. FACTS AND PROCEDURAL HISTORY
The circumstances surrounding the crimes involved in this matter and the *1135 nature of the physical evidence cause the facts established at trial to be crucial in our analysis of this case. Specifically, we note that physical evidence produced at trial placing Reynolds at the scene of the crimes, inconsistencies in Reynolds' statements to the authorities regarding injuries he sustained on the evening the murders were committed, and evidence tending to establish his involvement in the murders are all important to our decision to affirm Reynolds' convictions and sentence. On August 25, 1998, the grand jury indicted the appellant, Michael Gordon Reynolds, on three counts of first-degree premeditated murder for the murders of Danny Ray Privett, Robin Razor, and Christina Razor, and for the burglary of a dwelling during which a battery upon Robin or Christina or both was committed while armed with a weapon. On July 22, 1998, the bodies of the victims were found on the property located at 1628 Clekk Circle in Geneva, Florida. Danny's body was found outside near a large pine tree, and the bodies of Robin and Christina were found inside a trailer in which the victims were living. The trial in this case began on April 21, 2003, and on May 7, 2003, Reynolds was found guilty of the lesser-included offensе of second-degree murder as to the murder of Danny, and guilty as charged as to the remaining three counts of the four-count indictment.
The evidence established that on July 22, 1998, Shirley Razor, the mother of victim Robin Razor, traveled to the crime scene to deliver items Danny used in the work he was doing on trailers at that location. Upon arriving at the property, Shirley noticed Danny lying on the ground outside. Shirley, being accustomed to seeing Danny drunk and passed out, proceeded to her separate trailer on the property and ate her lunch. After finishing her lunch, Shirley walked over to the trailer in which Danny and Robin were living when she noticed that Danny had a "hole in his head." After discovering that Danny was dead, Shirley ran to a neighbor's residence and called the authorities. Subsequent to the arrival of the fire department personnel, Shirley went to her daughter's trailer and upon looking inside found that her daughter, Robin, and her granddaughter, Christina, were inside and apparently dead.
At trial, a medical examiner, Dr. Sara Hyatt Irrgang, testified that the deaths had occurred at least eight hours, but probably more than twelve hours prior to her arrival at the crime scene, placing the time of death between nine p.m. on July 21 and seven a.m. on the morning of July 22. The evidence demonstrated that Danny Ray Privett was found lying outside beneath a large pine tree on his side with his face down, surrounded by bloody pieces of concrete block and broken pieces of glass. Danny's jeans were partially unzipped suggesting that he had been in the process of urinating when the attack occurred. The autopsy of Danny Ray Privett revealed that he suffered a large depressed skull fracture with additional injuries to the head area. The wounds apрeared to have been caused by three or more separate blows, with the injuries indicating that the assailant had been behind the victim. There was no indication of any defensive wounds on Danny, and examination of his major skull injury revealed that the injury was likely caused by a partially broken cinder block, based on fragments found within the wound. The medical examiner was unable to determine the order in which the injuries had been inflicted upon him. The cause of death for Danny was determined to be primarily due to blunt force trauma to the head with the large *1136 depressed skull fracture probably being the fatal blow. If this blow had been inflicted first, the medical examiner opined that the victim would have lost consciousness within a second to a minute or two.
Robin and Christina Razor were found dead inside the living room portion of the camper trailer being used as living quarters. Robin was found lying on the floor, face up. Christina was found nearby sitting on the couch and leaning to her left. The living room area was in disarray and a large amount of blood was scattered throughout this area of the trailer. Robin Razor's autopsy revealed that she suffered multiple stab wounds along with multiple blows to the side of her face and a broken neck resulting in injuries to her spinal cord. Closer examination revealed that Robin suffered ten stab wounds to the head and neck area and one to the torso area. The wounds appeared to have been inflicted with a sharp object such as a knife or scissors. Based on examination of the Robin's body and the defensive wounds present, the medical examiner opined that she had been involved in a violent struggle. In addition to the above wounds, Robin suffered multiple superficial wounds to her torso area which the medical examiner stated to be consistent with torment woundswounds produced not to cause serious injury but to cause aggravation and produce fear in the victim. The medical examiner was of the opinion that because blows to the victim's head were inflicted at different angles and the presence of significant defensive wounds, it was likely that she was conscious and struggling when these wounds were inflicted. The primary cause of death for Robin was determined to be the broken neck and spinal cord injury, although bleeding from the stab wounds would have also resulted in death.
The autopsy of Christina Razor revealed that she suffered blunt force trauma to her head, a stab wound to the base of her neck that pierced her heart, and another stab wound to her right shoulder that pierced her lung and lacerated her pulmonary artery. These latter two wounds would have resulted in significant internal and external hemorrhaging and would have been fatal. The medical examiner indicated that the only sign of defense wounds to Christina was the presence of a small contusion to her left hand, which could have occurred as she attempted to block a blow from her assailant. The medical examiner opined that Christina would have lost consciousness within a minute or two of receiving the stab wounds. The primary cause of death for Christina was determined to be internal and external hemorrhaging.
During his investigation of the crimes, Investigator John Parker of the Seminole County Sheriff's Department made contact with Reynolds and requested that he submit to an interview, to which Reynolds voluntarily agreed. During this interview, Investigator Parker also inquired about injuries that he observed on Reynolds' hand and ankle. In response to inquiries made abоut these injuries, Reynolds advised the investigator that at approximately five a.m. on the morning that the victims' bodies were discovered, he was taking his dog outside and slipped on the exterior step of his camper, twisting his ankle. Reynolds stated that the cut on his hand occurred when he caught his hand on a burr on the aluminum door frame of his trailer as he attempted to break his fall by grabbing the door frame. Reynolds advised the investigator that approximately thirty or forty minutes after sustaining the injuries he cleaned the cut to his hand and proceeded to an emergency *1137 room for treatment. Reynolds stated that while on his way to the emergency room he suffered a flat tire and borrowed a jack from a convenience store to change his tire and after doing so he proceeded to the emergency room. After receiving treatment for his injuries, Reynolds informed the investigator that he returned to his residence and removed the burr from the trailer door frame with a pair of channel-lock pliers.
In addition to the discussion concerning the injury, Reynolds also discussed an altercation in which he was involved with Danny Ray Privett regarding a trailer that was allegedly given to Reynolds by his landlord. According to Reynolds, the argument with Danny was centered upon Danny removing the trailer from Reynolds' property without permission. Upon discovering that Danny had removed the trailer, Reynolds indicated that he confronted Danny and a heated argument ensued. Reynolds stated that after exchanging words with Danny, he left Danny's property but returned a short while later to apologize and advise Danny that he could keep the trailer. Significantly, during this interview Reynolds advised the investigator that he had never been inside the trailer in which the victims were living. Subsequent to this intеrview, Reynolds gave permission for the search of both his trailer and his vehicle, and he also agreed to provide hair and blood samples for DNA analysis. Additionally, pursuant to a search warrant certain evidence was seized from Reynolds' vehicle and residence.
At trial, a neighbor of the victims testified that on the night prior to the discovery of the bodies he observed a car similar to that of Reynolds parked at the victims' residence. Fingerprint and shoe pattern analysis of the crime scene and items collected from the scene revealed several prints of value, but none of them connected Reynolds to the scene. However, extensive evidence with regard to DNA analysis resulting from testing of items of evidence recovered from the crime scene was presented. Several of the items recovered from the crime scene inside the trailer and on the exterior of the trailer contained a DNA profile matching that of Reynolds. There was no eyewitness testimony offered by the State and, other than the concrete block allegedly used to strike the victims, no other weapon was recovered.
The defense attempted to establish mishandling and contamination of the evidence, along with suggesting that other individuals had committed the crimes with which Reynolds had been charged. The defense elicited testimony from Danielle Privett, Danny and Robin's other daughter, indicating that her parents had been having an ongoing disagreement regarding rent payments with a man by the name of Justin Pratt, a friend of Pratt's, Alan Combs, and Pratt's girlfriend, Nicole Edwards. In addition to this testimony, Reynolds presented evidence consisting of portions of an interview conducted by the Sheriff's Department with Pratt wherein Pratt disсussed the disagreement and admitted that he had left a note at the victims' residence indicating that "it was war,. . . conventional weapons." After hearing all the evidence, the jury rendered a verdict finding Reynolds guilty of second-degree murder as to the death of Danny Privett, two counts of first-degree murder as to the deaths of Robin and Christina Razor, and burglary of a dwelling during which a battery was committed while Reynolds was armed with a weapon.
During the penalty phase the State presented four witnesses. Danna Birks established *1138 multiple prior convictions of Reynolds. Tonya Chapple, the victim of Reynolds' prior conviction for aggravated battery, described the circumstances surrounding the prior crime. Christina Razor's grandmother testified as to Christina's age at the time of the crimes, and Robin Razor's brother read a prepared statement in the nature of victim impact evidence. Reynolds, after thorough consultation with his attorneys and the trial court, waived his right to present mitigating evidence.
On May 9, 2003, the jury returned unanimous recommendations of death for both first-degree murder convictions. During the Spencer[1] hearing, the sole testimony presented by the defense was the testimony of Reynolds himself. The State did not present any testimony, relying solely on the evidence and testimony admitted during the guilt and penalty phase trials as support for the aggravating factors. At sentencing, the State presented testimony of Teresa Barcia, the sister of Danny Ray Privett, who read a prepared statement expressing the pain caused by the victims' death and asking the court to impose the maximum sentence provided by law. On September 19, 2003, the trial judge sentenced Reynolds to concurrent sentences of life for the murder of Danny Ray Privett and the burglary conviсtion, and the trial judge entered separate sentences of death for the murders of Robin and Christina Razor. In pronouncing Reynolds' sentence, the trial court found that the State had proven beyond a reasonable doubt the existence of four statutory aggravators for the murder of Robin Razor: (1) Reynolds had previously been convicted of a another capital felony or a felony involving a threat of violence to the person (great weight); (2) Reynolds committed the murder while he was engaged in or was an accomplice in the commission of or an attempt to commit a burglary of a dwelling (great weight); (3) the murder was committed for the purpose of avoiding a lawful arrest (great weight); and (4) the murder was committed in an especially heinous, atrocious, or cruel fashion (great weight).
As to Christina Razor's murder, the trial court found that the State had proven beyond a reasonable doubt the existence of five statutory aggravators: (1) Reynolds had previously been convicted of a another capital felony or a felony involving a threat of violence to the person (great weight); (2) Reynolds committed the murder while he was engaged in or was an accomplice in the commission of or an attempt to commit a burglary of a dwelling (great weight); (3) the murder was committed for the purpose of avoiding a lawful arrest (great weight); (4) the murder was committed in an especially heinous, atrocious, or cruel fashion (great weight); and (5) the victim of the murder was a person less than twelve years of age (great weight).
In its analysis of the mitigation present, the trial court acknowledged the defendant's waiver of the presentation of mitigating evidence but, nonetheless, the court considеred and weighed any mitigation that it found to be established. In doing so, the trial court found that the following nonstatutory mitigating circumstances had been established and were applicable to both the murders of Robin and Christina Razor: (1) that Reynolds was gainfully employed at the time of the crimes (little weight); (2) that Reynolds manifested appropriate courtroom behavior throughout *1139 the proceedings (little weight); (3) that Reynolds cooperated with law enforcement (little weight); and (4) that Reynolds had a difficult childhood (little weight). The trial court determined that the evidence did not establish that Reynolds could easily adjust to prison life. The trial court recognized that evidence was presented by Reynolds for purposes of establishing lingering doubt. However, the trial court noted that it would not consider any theory of lingering doubt as nonstatutory mitigation in its sentencing analysis. This direct appeal followed.
II. ANALYSIS
A. Statement of Justin Pratt
Subsequent to the discovery of the victims, investigators spoke with Danielle Privett, the oldest daughter of Danny Ray Privett and Robin Razor, who informed the authorities that her parents had been having problems with Justin Pratt with regard to asserted unpaid rent owed by the family to Pratt. As a result of this discussion with Danielle, Deputy Ray Parker interviewed Pratt on July 23, 1998, in connection with his investigation of the crimes. During trial, Reynolds attempted to secure the testimony of Pratt, who was in Oklahoma, in an effort to demonstrate the animosity existing between Pratt and the victims, but the defense investigator was unable to obtain his attendance for trial. Due to this inability, Reynolds' trial counsel attempted to place into evidence at trial the transcript of Pratt's July 23 interview with law enforcement officers based on an argument that the interview fell within the statement against interest exception to the hеarsay rule. After consideration of arguments from both sides regarding the admissibility of the statement from the interview, the trial judge ruled that Pratt was unavailable and that limited portions of the interview were admissible under the statement against interest exception rule of evidence, while the remainder of the interview was inadmissible hearsay.
Florida law defines hearsay as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." § 90.801(1)(c), Fla. Stat. (2003). Hearsay is inadmissible at trial except as specifically provide by statute. See § 90.802, Fla. Stat. (2003). Section 90.804 of the Florida Statutes (2003) provides an exception to the hearsay rule of inadmissibility for out-of-court statements offered for the truth of the matter asserted made by an unavailable witness if the statement qualifies as a "statement against interest." See § 90.804(2)(c), Fla. Stat. (2003). The definition of that which qualifies as a statement against interest in its entirety provides:
A statement which, at the time of its making, was so far contrary to the declarant's pecuniary or proprietary interest or tended to subject the declarant to liability or to render invalid a claim by the declarant against another, so that a person in the declarant's position would not have made the statement unless he or she believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is inadmissible, unless corroborating circumstances show the trustworthiness of the statement.
Id. Reynolds contends (a) that the trial court erred when it found that the excluded portions of Justin Pratt's interview with investigators were hearsay, and (b) even if the excluded portions were properly considered hearsay, the trial court erred by *1140 finding that they did not come within the statement against interest exception to the hearsay rule of inadmissibility.
As to the first assertionthat the statements were not hearsayReynolds contends that Pratt's interview statements regarding the manner in which the victims were killed and the statements regarding Pratt's location at the time of the crimes were not being offered for their truth. Initially, we note that the only portion of Pratt's statement that Reynolds asserted was not hearsay were the statements that Danny Ray Privett himself stabbed Robin and Christina. Reynolds' contention that the statements regarding the location of Pratt at the time of the crime were not hearsay was not presented to the trial court, and, therefore, this issue has not been properly preserved for review by this Court. See Steinhorst v. State,
to [the defense] position ... that [Pratt] had motive, opportunity and time to commit these crimes and that ... this is the other person that we're going to allege that he committed it with.... [H]e is telling that, in fact, he, in fact, met this person on the night of the killings and what time he met them.
Based on these arguments advanced by Reynolds' trial counsel, it is clear that the statements regarding the location of Pratt at the time of the crime were in fact being offered by Reynolds for their truth and nothing to the contrary was argued by the defense at trial. Therefore, thе trial court properly found these statements to be hearsay subject to the rule of inadmissibility, see § 90.801(1)(c), Fla. Stat. (2003), and any claim by Reynolds that these statements were not being offered for their truth and, therefore, were not hearsay has not been properly preserved for our review. See Steinhorst v. State,
As to the statements by Pratt regarding the manner of death, Reynolds asserts that these statements were not being admitted for their truth but, rather, the defense sought to admit them to demonstrate that Pratt knew the manner in which the victims were killed, a fact that Reynolds claims had not been released to the public at the time of Pratt's interview. Initially, we note that these statements, offered without explanation, undoubtedly constitute hearsay. In fact, these statements, which involve Pratt relaying to law enforcement officers what another individual told him, qualify as inadmissible hearsay within hearsay. However, notwithstanding the foregoing, a close review of the trial transcript reveals that these statements may in fact have been incorrectly determined to be hearsay by the trial court. During the discussions of these particular statements, Reynolds' trial counsel stated, "[W]e're not trying to prove that that statement is, in fact, true.... As a matter of fact, that particular statement.... We know that not to be true. It's not a true statement nor are we offering it for the truth of the matter asserted." Based on the foregoing, it is clear that the statements were not being offered to establish their truth, and, therefore, we conclude that the trial court improperly concluded that they were subject to the hearsay rule of inadmissibility. See *1141 Foster v. State,
The material excluded portions of Pratt's interview in this claim reveal:
Pratt, J: ... Debbie [Pretena] came in and told me that ... what she had heard and she heard about the, what I was telling you earlier, about the. . .
Parker, R: Debbie is Nicole's friend?
Pratt, J: Yeah.
....
Parker, R: What did she say?
Pratt, J: She said that Danny had cut, stabbed or whatever, Robin and Chris....
....
Herron, L: But she said specifically that Nicole had told her that Danny had cut...
Pratt, J: That's what she thought, yeah. That's what....
Reynolds asserts that because these statements establish Pratt's involvement in the crimes due to his knowledge of the manner of death, a fact that had not been released to the public at the time of the interview, the statements went to the heart of his defensethat Pratt committed the crimesand, therefore, the error was not harmless. Although the trial court did rule that the statements were inadmissible, the defense was permitted to place into evidence portions of Pratt's interview in which he discussed an argument between himself and the victim Danny Privett, along with admissions by Pratt that he had left a note at the victims' residence declaring "war" against the family. Therefore, there was evidence offered by Reynolds at trial that was intended to establish the defense that it was Pratt who had committed these crimes. Moreover, Pratt's statements that were allowed into evidence by the trial judge were muсh more beneficial to Reynolds' theory of the crimes than the statements at issue in this claim regarding the manner of death. Even with this evidence before them, the jury rejected Reynolds' assertion that Pratt committed these crimes and found Reynolds guilty of the murders of the three victims.
In addition, the evidence at trial connecting Reynolds to these murders was substantial. DNA analysis revealed that his blood was scattered throughout the interior of the victims' trailer, contrary to his statement to authorities that he had never been in the trailer before. Testimony established that a car similar to that of Reynolds was seen at the scene of the crime the night before the victims were discovered. Direct evidence established a heated argument between Reynolds and the victim Danny Privett, and testimony at trial also established that obvious injuries on Reynolds appeared to have been from a knife blade inconsistent with his version of how they occurred. With the substantial *1142 evidence produced at trial by the State connecting Reynolds in these crimes, along with the clear insignificance of the statements of Pratt with regard to what he had been told about the manner of death of the victims as compared to the portions of the interview that were admitted into evidence, we conclude that any error in excluding these portions of Pratt's interview was harmless beyond a reasonable doubt. See DiGuilio,
Next we must determine whether the portions of Pratt's statements that where properly found to be hearsay should have been before the jury as statements falling with the statements against interest exception to the hearsay rule of inadmissibility. Initially, the State asserts that this issue need not be addressed because the trial court erred in finding that Pratt was unavailable and, therefore, the statement against interest exception is totally inapplicable. Florida law requires that for the statement against interest exception to apply, the declarant must first be determined be "unavailable" for trial. See § 90.804, Fla. Stat. (2003). Unavailability is defined as meaning that the declarant:
(a) Is exempted by a ruling of a court on the ground of privilege from testifying concerning the subject matter of the declarant's statement;
(b) Persists in refusing to testify concerning the subject matter of the declarant's statement despite an order of the court to do so;
(c) Has suffered a lack of memory of the subject matter of his or her statement so as to destroy the declarant's effectiveness as a witness during the trial;
(d) Is unable to be present or to testify at the hearing because of death or because of then-existing physical or mental illness or infirmity; or
(e) Is absent from the hearing, and the proponent of a statement has been unable to procure the declarant's attendance or testimony by process or other reasonable means.
§ 90.804(1)(a)-(e), Fla. Stat. (2003). After a hearing on the issue of availability, the trial court determined that the defense had made reasonable efforts, albeit unsuccessful efforts, to secure Pratt's attendance at trial and, because he refused to attend, Pratt was "unavailable" for purposes of application of this rule.
A trial court's determination on the issue of availability "will not be disturbed unless an abuse of discretion clearly appears." Jackson v. State,
Reynolds contends that, even if the trial court correctly found that these portions of Pratt's interview were hearsay, the statements should have been admitted under the statement against interest excеption to the hearsay rule of inadmissibility. As noted above, this exception applies to "[a] statement which, at the time of its making,... tended to subject the declarant to liability ..., so that a person in the declarant's position would not have made the statement unless he or she believed it to be true." § 90.804(2)(c), Fla. Stat. (2003). Moreover, "[a] statement tending to expose the declarant to criminal liability and offered to exculpate the accused is inadmissible, unless corroborating circumstances show the trustworthiness of the statement." Id. Based on this statutory definition, we conclude that the trial court correctly found these statements did not qualify under this hearsay exception and were therefore properly determined to be inadmissible at trial.
Initially, we note that the statements at issue were not actually against Pratt's interest. The statement by Pratt that he was with his girlfriend during the early morning hours on the day the bodies were discovered, contrary to Reynolds' assertion, does not qualify as a statement against interest. Reynolds contends that this statement by Pratt tends to expose him to liability and exculpate the defendant. This contention by Reynolds is without merit. Pratt's statement discloses that he was with his girlfriend at his residence during the time frame in which the crimes at issue where estimated to have occurred. Clearly, a statement such as this would tend to exculpate Pratt as opposed to inculpating him, and, therefore, the trial court properly determined that the statement regarding Pratt's location did not come within the definition of that which constitutes a statement against interest. Similarly, the trial court also properly concluded that Pratt's statement that another individual informed him that Danny Privett had stabbed Robin and Christina also fails to cоme within the exception. If anything, this statement operates to the opposite of the predicate required to invoke the exceptionthe statement at issue here tends to exculpate Pratt rather than inculpate him in these crimes. The disclosure that Pratt, a neighbor and apparently a close acquaintance of the victims, stated that he had heard from another individual, Debbie Pretena, that Robin and Christina had been stabbed, purportedly prior to the release of this information, does not bring this statement within this exception to the hearsay rule of inadmissibility.
*1144 Reynolds also asserts that his constitutional right to a fair trial was denied by excluding portions of Pratt's statement even if the trial court properly applied the rules of evidence. However, we note that this particular claim was not presented at the trial court level, and, therefore, the claim has not been properly preserved for review. See Steinhorst,
In Curtis, the district court held that the trial court erred in excluding an out-of-court confession even though it did not satisfy the statement against interest exception. See id. at 15-16. Crucial to the district court's decision in Curtis was that the statement excluded was more than just an out-of-court statementit was a confession by another individual to the crime with which Curtis had been charged. See id. at 16. The district court stressed this fact when it noted that the "general principle that state evidence rules must, in some instances, yield to greater principles established by the Constitution has been applied specifically to require the admission of a confession by a third party." Id. at 19 (emphasis supplied). Pratt's statement in the instant matter is not even similar to the confession that the trial court erroneously excluded in Curtis. Pratt never confessed to the crimes during his interview, so the constitutional concerns driving the district court's decision in Curtis simply are not present in the instant matter and, therefore, Curtis is inapplicable here.[2]
In addition to Curtis, Reynolds also relies upon Chambers v. Mississippi,
Based on the analysis set forth above, we hold that the trial court properly found the statements by Pratt regarding his location during the timeframe when these crimes were committed to be inadmissible hearsay and not within the statement against interest exception to the hearsay rule of inadmissibility. In addition, although we conclude that the trial court erred in finding the statements regarding the manner of death to be inadmissible hearsay, we hold, based on our analysis above, that this error was harmless beyond a reasonable doubt. See DiGuilio,
B. Sufficiency of the Evidence
Reynolds next contends that the trial court erred in denying his motion for acquittal because the evidence was not sufficient to sustain his convictions. In reviewing a motion for judgment of acquittal, a de novo standard of review applies. See Pagan v. State,
However, "where a conviction is based wholly upon circumstantial evidence, a special standard of review applies." Darling v. State,
Where the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence. The question of *1146 whether the evidence fails to exclude all reasonable hypotheses of innocence is for the jury to determine, and where there is substantial, competent evidence to support the jury verdict, we will not reverse.
Id. (quoting State v. Law,
Reynolds asserts that thе evidence of his guilt offered by the State in this case was entirely circumstantial and, therefore, the heightened standard of review should apply to our consideration of the trial court's denial of his motion for acquittal. Reynolds contends that the case against him rests solely on the evidence that his finger was injured and "tainted and inconsistent DNA evidence." Contrary to this assertion, the evidence presented against him at trial by the State was far more than Reynolds accepts. In addition to the evidence Reynolds has noted, the State also introduced expert testimony from a medical examiner demonstrating that the injury to Reynolds' hand was inconsistent with his explanation of the injury; testimony from a neighbor of the victims who saw Danny Privett sitting on Reynolds' car, which was parked at the victims' residence the night the crimes were committed; microscopic and DNA analysis of a pubic hair found at the crime scene matched a hair sample taken from Reynolds; Reynolds' admission during an interview with law officers that he had a heated argument with Danny Privett; eyewitness testimony corroborating the circumstances surrounding the argument between Reynolds and Danny Privett; evidence that Reynolds denied ever being in the victims' residencea statement that was clearly inconsistent with the considerable DNA evidence presented at trial which placed him inside the trailer; testimony from Reynolds' neighbor who saw him washing clothes at 5:30 a.m. on the morning the bodies were discovered; clothes found hanging on Reynolds' clothesline the morning the bodies were discovered that appeared to have been strongly bleached; and the testimony of two prisoners who had previously been incarcerated with Reynolds that Reynolds admitted to them that he had in fact committed the crimes. We have previously held that evidence similar to that offered in the instant matter refuted the assertion that the case was entirely circumstantial. See Meyers v. State,
In reviewing a trial court's denial of a defendant's motion for acquittal in a case not based entirely on circumstantial evidence, we look to determine whether, when viewing the evidence in a light most favorable to the State, sufficient evidence exists that would permit a rational trier of fact to find the elements of the crimes beyond a reasonable doubt. See Pagan,
Notwithstanding the above, even if we were to accept Reynolds' contention that the standard of review applicable to cases based wholly on circumstantial evidence is applicable to the instant matter, we would conclude that his claim should still be denied because the evidence offered at trial in support of the jury's verdicts was sufficient to satisfy even the higher standard of review applicable to such cases. The higher burden is one which would require the State to "introduce competent evidence which is inconsistent with the defendant's theory of events" to establish its case. Darling,
C. Waiver of Sentencing Recommendation from Penalty Phase Jury
Reynolds next asserts that the trial court abused its discretion and committed *1148 reversible error when it refused to honor Reynolds' waiver of his right to a jury's penalty recommendation as to the appropriate sentence. This claim is without merit. We have "continually recognized that where a defendant has been convicted of a capital crime, he may waive his right to a jury in the sentencing phase, provided the waiver is voluntary and intelligent." State v. Hernandez,
In Muhammad v. State,
Based on our holding in Muhammad, Reynolds' claim must be denied. The trial court below cannot be said to have abused its discretion in requiring a penalty phase jury to render an advisory sentence solely because Reynolds waived the presentation of mitigating evidence before the penalty phase jury. See id. Additionally, the trial court recognized the error committed by the trial court in Muhammad, and explicitly took measures to avoid the same error. In its sentencing order, the trial court below expressly recognized that Reynolds "presented no mitigation to the jury," and, therefore, the sentencing order did "not give the recommendation of the jury great weight ... in accordance with Muhammad." (Emphasis supplied.) Based on the foregoing analysis, we conclude that the trial court did not abuse its discretion, and, therefore, Reynolds' claim is denied.
D. Prior Violent Felony Aggravating Circumstance
Reynolds next claims that it was reversible error for the trial court to allow testimony providing details surrounding a prior violent felony conviction that included facts tending to establish crimes for which he was not convicted. To establish the prior violent felony aggravating circumstance *1149 during Reynolds' penalty phase trial, the State, in addition to the contemporaneous killings in the present case, presented certified copies of prior convictions of Reynolds for aggravated robbery, aggravated assault, and aggravated battery. In addition, the State presented the testimony of the victim of his prior conviction for aggravated battery, Tonya Chapple. During Chapple's testimony, she described the circumstances surrounding the criminal episode underlying this conviction. Reynolds objected to the portions of Chapple's testimony in which she described details of the episode that tended to establish crimes for which Reynolds was not convicted. The trial judge overruled the objection, and the witness was allowed to testify in detail regarding the entire circumstances of the crime. Reynolds asserts that the trial court committed reversible error by allowing Chapple to present these details which would tend to implicate Reynolds in the commission of the crimes of sexual battery and armed kidnapping crimes for which he was not convicted.
When the State is offering evidence to establish the prior violent felony aggravating circumstance, we have held:
"[I]t is appropriate in the penalty phase of a capital trial to introduce testimony concerning the details of any prior felony conviction involving the use or threat of violence to the person rather than the bare admission of the conviction." Rhodes v. State,547 So.2d 1201 , 1204 (Fla.1989). Further, this Court explained that "[t]estimony concerning the events which resulted in the conviction assists the jury in evaluating the character of the defendant and the circumstances of thе crime so that the jury can make an informed recommendation as to the appropriate sentence." Id.
Dufour v. State,
Based on the foregoing, we conclude that Reynolds' claim should be denied. Chapple's testimony during the penalty phase merely relayed the details surrounding Reynolds' previous conviction for aggravated battery. Even though the testimony involved circumstances that may have suggested the simultaneous commission of other crimеs for which Reynolds was not convicted, Chapple's testimony *1150 was not rendered inadmissible. See Anderson v. State,
E. Penalty Phase Jury Instructions
Reynolds next takes issue with the instructions to the jury prior to penalty phase deliberations. Reynolds claims that section 921.141 of the Florida Statutes (2003) and the standard jury instructions based thereon unconstitutionally place a higher burden of persuasion on the defense to establish that life is the appropriate sentence than is placed on the State to demonstrate that death is the appropriate sentence. Specifically, Reynolds takes issue with the following language found in Florida's standard jury instruction, which was read to the jury during the penalty phase trial:
[W]hether sufficient aggravating circumstances exist that would justify the imposition of the penalty and, second, whether there are mitigating circumstances sufficient to outweigh the aggravating circumstances, if any.
See Fla. Std. Jury Instr. (Crim.) 7.11 (emphasis supplied); see also § 921.141(2), Fla. Stat. (2003). Additionally, Reynolds claims that similar language found in section 921.141 of the Florida Statutes (2003), the statutory section upon which the above instruction is based, also renders that statutory section unconstitutional. Reynolds asserts that the language requires a defendant to prove the existence of mitigating circumstances sufficient to outweigh the aggravating circumstances established and renders Florida's capital sentencing scheme unconstitutional.
Initially, the State responds that the specific claim now asserted by Reynolds on appeal was not properly preserved for review. "For an issue to be preserved for appeal, ... it `must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation if it is to be considered preserved.'" Archer v. State,
Despite the fact that his challenge to section 921.141 of the Florida Statutes (2003) was adequately preserved, it does not appear that Reynolds' claim with regard to the specific penalty phase jury instruction was properly presented to the trial court. To challenge jury instructions, *1151 a party must object to the form of those instructions and specifically state the grounds upon which the objection is based. See Fla. R.Crim. P. 3.390(d) ("No party may raise on appeal the giving or failure to give an instruction unless the party objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which the party objects and the grounds of the objection."). A careful review of the record reveals that the claim now asserted by Reynolds with regard to the penalty phase jury instruction was not presented to the trial court for consideration. Although just prior to the penalty phase jury instructions Reynolds renewed his pretrial objections to the instructions to be given, the record does not reveal that any of those pretrial objections presented the same distinct issue now presented on appeal. Therefore, it does not appear that this particular claim was properly preserved for review by this Court. See Fla. R.Crim. P. 3.390(d).
Notwithstanding the above, the view upon which both of these claims are based has been consistently rejected by this Court. See Asay v. Moore,
If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-4625 . . . exist and, further, that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances which are found to exist, the defendant shall be sentenced to death; otherwise, the defendant shall be sentenced as provided by law.
Kan. Stat. Ann. § 21-4624(e) (1995) (emphasis supplied). Of critical importance to the Kansas court's holding the statute unconstitutional was the language of the statute as enacted: "In the event of equipoise, i.e., the jury's determination that the balance of any aggravating circumstances and any mitigating circumstances weighed equal, the death penalty would be required." Marsh,
F. Residual or Lingering Doubt
Reynolds also asserts that the trial court erred in refusing to consider residual doubt in its sentencing order. In its sentencing order, the trial court noted that "`residual' or `lingering' doubt is not an appropriate mitigating circumstance," and that any evidence offered at the Spencer[3] hearing "with respect to residual or lingering doubt [would] not be considerеd by the Court as a non-statutory mitigator for purposes of sentencing." Reynolds asserts that the trial court's refusal to consider residual doubt when sentencing Reynolds rendered his sentences of death unconstitutional. Reynolds' claim has been repeatedly rejected by this Court. See Darling v. State,
G. Aggravation and Mitigation
The next issue raised by Reynolds involves claims that his sentences of death were impermissibly imposed because the trial court included improper aggravating circumstances, excluded existing mitigation, and failed to find that the mitigation *1153 established outweighed the aggravating circumstances.[4] The standard for evaluating a trial court's finding of an aggravating circumstance was set forth by this Court in Willacy v. State,
[I]t is not this Court's function to reweigh the evidence to determine whether the State proved each aggravating circumstance beyond a reasonable doubtthat is the trial court's job. Rather, our task on appeal is to review the record to determine whether the trial court applied the right rule of law for each aggravating circumstance and, if so, whether competent substantial evidence supports its finding.
Id. at 695 (footnote omitted).
Heinous, Atrocious, or Cruel Aggravating Circumstance
Reynolds asserts that there was a lack of competent, substantial evidence to support the trial court's finding that the heinous, atrocious, or cruel (HAC) and commission to avoid arrest aggravating circumstances had been established. The trial court's sentencing order outlined the following evidence that it considered in making its determination that HAC applied to the murder of Robin Razor:
a. Dr. Sarah Irrgang, the medical examiner, testified that the victim, Robin Razor, suffered multiple stab wounds to the head and neck area and one to the torso. It was Dr. Irrgang's testimony that Robin Razor also suffered a number of defensive wounds to the arms and hands.
b. The presence of defensive wounds allows the assumption to be made that the victim was alive unless shown otherwise by the evidence.
c. The existence of numerous defensive wounds demonstrates that the victim was aware of her plight and was resisting.
d. The medical examiner also testified that torment wounds were present. Wounds of this type are normally associated with the perpetrator taking a depraved, measured approach to the infliction of the injury and taking pleasure in his cruel activity.
e. The numerous stab and cutting wounds suffered by the victim, Robin Razor, are consistent with having been made by a weapon such as a knife and did produce copious amounts of blood. At the moment that the victim, Robin Razоr, was being attacked, it is not known whether or not her daughter was still alive and conscious or unconscious or had been murdered. Regardless, in the close confines of that cramped camping trailer, a bloodied Robin Razor, in great pain as a result of numerous stab wounds to her body, was forced to fight a losing battle for her life knowing that either her daughter had already been killed and she was next or that if Reynolds prevailed, her daughter would suffer certain death. It is not difficult to imagine the fear, terror and emotional strain that accompanied Robin Razor as she fought for her life knowing full well the consequences of losing the battle. Socher[Sochor] v. Florida,580 So.2d 595 , 603 (Fla.1991), reversed on other grounds, Socher[Sochor] v. State, [504 U.S. 527 ,]112 S.Ct. 2114 [,119 L.Ed.2d 326 ] (1992).
*1154 f. In addition to the victim, Robin Razor, having suffered multiple stab and cut wounds, evidence was presented at trial that the victim was beaten about her head with apiece of concrete block. The blood of Danny Privett was mingled with that of the victim, Robin Razor, on the concrete block located within the camper.
g. As a result of the above-mentioned factors, Robin Razor, while still conscious and alert suffered great physical pain, mental torment, fear and emotional anguish.
With regard to Christina Razor, the trial court made the following findings:
a. Dr. Sarah Irrgang, the medical examiner, testified that the victim Christina Razor, suffered two stab wounds to the neck and shoulder area, contusions to her face, and injuries to her mouth. It was Dr. Irrgang's testimony that Christina Razor also suffered an abrasion on the back of one of her hands which was characterized as being consistent with a defensive wound.
b. The presence of defensive wounds allows the assumption to be made that the victim was alive unless shown otherwise by the evidence.
c. The existence of a defensive wound demonstrates that thе victim was aware of her plight and was resisiting[resisting]. The stab wounds suffered by the victim, Christina Razor, are consistent with having been made with a weapon such as a knife.
d. At the moment that the victim, Christina Razor, was being attacked, it is not known whether or not her mother was still alive and conscious or unconscious or had been murdered. Regardless, in the close confines of that cramped camping trailer, Christina Razor, in great pain and fear, was forced to fight a losing battle for her life knowing that either her mother had already been killed and she was next or that after Reynolds killed her, he was sure to end her mother's life. For a child to experience the fear, terror and emotional strain that accompanied Christina Razor as she fought for her life, knowing full well that she was fighting a losing battle, is unimaginable, heinous, atrocious and cruel. In a prior decision, the Florida Supreme Court has dealt with a similar situation. Francis v. State,808 So.2d 110 (Fla.2003[2002]). The Francis decision discusses the unique circumstances associated with close proximity homicides:
Moreover, as we have previously noted, "the fear and emotional strain preceding the death of the victim may be considered as contributing to the heinous nature of a capital felony." See Walker,707 So.2d at 315 ; see also James v. State,695 So.2d 1229 , 1235 (Fla.1997) ("[F]ear, emotional strain, and terror of the victim during the events leading up to the murder may make an otherwise quick death especially heinous, atrocious, or cruel."). In this case, although the evidence did not establish which of the two victims was attacked first, the one who was first attacked undoubtedly experienced a tremendous amount of fear, not only for herself, but also for what would happen to her twin. In a similar manner, the victim who was attacked second must have experienced extreme anguish at witnessing her sister being brutally stabbed and in contemplating and attempting to escape her inevitable fate. We arrive at this logical inference based on the evidence, *1155 including photographs presented at the guilt phase, which clearly establishes that these two women were murdered in their home only a few feet apart from each other. As a result, we conclude that the trial court's HAC finding is further buttressed by the logical fear and emotional stress experienced by the two elderly sisters prior to their deaths as the events were unfolding in close proximity to one another.
The evidence presented at trial through the admission of the medical examiner's testimony and the copious amounts of DNA evidence offered support the trial court's findings regarding the circumstances surrounding the murders.
Notwithstanding the foregoing, Reynolds asserts that HAC is inapplicable because the evidence does not establish that he intended or desired to inflict a high degree of pain or that he was utterly indifferent to or enjoyed the suffering of his victims. However, we have specifically rejected Reynolds' contention. In Lynch v. State,
Reynolds next asserts that HAC is inapplicable because there was evidence that the victims lost consciousness quickly and, therefore, the prolongеd suffering associated with HAC is not present in this case. As support for his contention, Reynolds relies on Rhodes v. State,
This Court has repeatedly upheld the HAC aggravating circumstance in cases where a victim was stabbed numerous times. See, e.g. Guzman v. State,
In addition to the above, we have held that "fear, emotional strain, and terror of the victim during the events leading up to the murder may make an otherwise quick death especially heinous, atrocious, or cruel." James v. State,
Based on the foregoing, we hold that there was competent, substantial evidenсe supporting the trial court's finding that HAC applied to the murders committed here.
Avoiding a Lawful Arrest Aggravating Circumstance
Reynolds next asserts that the trial court erred in finding that the murders were committed for the purpose of avoiding a lawful arrest. We have held:
"[T]o establish the avoid arrest aggravating factor where the victim is not a law enforcement officer, the State must show beyond a reasonable doubt that the sole or dominant motive for the murder was the elimination of a witness." Connor v. State,803 So.2d 598 , 610 (Fla. 2001), cert. denied,535 U.S. 1103 [,122 S.Ct. 2308 ,152 L.Ed.2d 1063 ] (2002); see also Alston v. State,723 So.2d 148 , 160 (Fla.1998). "Mere speculation on the part of the state that witness elimination was the dominant motive behind a murder cannot support the avoid arrest *1157 aggravator. Likewise, the mere fact that the victim knew and could identify defendant, without more, is insufficient to prove this aggravator." Looney v. State,803 So.2d 656 , 676 (Fla.2001) (citation omitted), cert. denied,536 U.S. 966 [,122 S.Ct. 2678 ,153 L.Ed.2d 850 ] (2002); see also Consalvo v. State,697 So.2d 805 , 819 (Fla.1996).
Bell v. State,
With regard to this aggravating circumstance, the trial court made the following findings in its sentencing order:
a. The Defendant knew the victims; and the victims, Danny Ray Privett and Robin Razor, knew the Defendant. They lived in close proximity to each other on the same street.
b. It was proven at trial that victim, Danny Ray Privett, was surreptitiously murdered outside the trailer. This stealthy killing was committed while Danny Ray Privett was about to engage, in the act of, or having just finished urinating. The Defendant approached the victim, unnoticed, then viciously and deliberately battered the victim's skull with a piece of concrete.
c. The victim was rendered unconscious almost immediately and died a short period thereafter without regaining consciousness according to the Medical Examiner.
d. The gooseneck prowler trailer, being located some distance away, would not necessarily afford its occupants the opportunity to either see or hear the murder of Danny Ray Privett.
e. Should the perpetrator be unknown to the victims located inside the gooseneck prowler trailer, there would be no need for him to proceed to the trailer and murder its occupants if he was not seen or heard by the remaining victims.
f. The victim, Robin Razor, did know the Defendant and had expressed her dislike and mistrust of the Defendant to several acquaintances. It was necessary for the Defendant to eliminate Robin Razor to avoid arrest because Robin Razor would advise the authorities that the Defendant would be a primary suspect.
g. Darrell Courtney testified at the guilt/innocence phase that the Defendant admitted that he had killed the victims. The Defendant expressed regret to Courtney over having to kill the child, Christina Razor, but advised that "with my record I couldn't afford to leave any witnesses."
h. The relationship that existed between the Defendant and Darrell Courtney was borne out of mutual respect due to their joint status of being convicted felons who had served time in prison. Darrell Courtney is logically the type of individual with whom the Defendant would share this information concerning the murders. The Defendant also had requested that Darrell Courtney perform an act on the Defendant's behalf concerning a jail guard. Said request was set forth in the Defendant's letter to Courtney and admitted into evidence.
i. This aggravating circumstance has been proven beyond all reasonable doubt. This aggravating circumstance is given great weight by the Court.
*1158 Based on our review of the record, we conclude that the trial court's findings are supported by competent, substantial evidence and should be affirmed. See Willacy,
Notwithstanding the above, even if we were to agree with Reynolds and conclude that the trial court erred in finding this aggravating circumstance, the error would be harmless because we can state beyond a reasonable doubt that any error in this regard did not affect the result in this case. See DiGuilio,
Mitigation
Turning now to the trial court's assessment of the mitigating circumstances in this case we note that a trial court must find a mitigating circumstance "when a reasonable quantum of competent, uncontroverted evidence of a mitigating circumstance is presented." Nibert v. State,
Reynolds claims that the trial court improperly assigned little weight to or inexplicably found nonexistent the following nonstatutory mitigation: (1) Reynolds cooperated with the police; (2) Reynolds exhibited good courtroom behavior; (3) Reynolds was remorseful; (4) Reynolds suffered a difficult childhood; (5) Reynolds loved his mother and cared for his wheelchair-bound sister; and (6) Reynolds was gainfully employed at the time of the crimes. However, Reynolds provides no support for his assertion that the trial court abused its discretion when assigning little weight to the nonstatutory mitigation that it found to exist. Contrary to Reynolds' assertion that the trial court failed to provide details of its weighing process with support from the evidence, our review of the sentencing order reveals that the trial court did in fact provide ample analysis and support for its determination as to the weight it assigned the mitigation found to exist. Moreover, the only nonstatutory mitigation cited by Reynolds that was not addressed in the trial court's sentencing orderthat Reynolds was remorseful was not supported by the evidence. The cases that Reynolds advances to support his claim that the trial court erred in failing to find this nonstatutory mitigating circumstance are inapplicable to the instant matter. The majority of these cases address instances where the defendant expressed remorse for having committed the crimes. See Snipes v. State,
In summary, the trial court's analysis of the mitigating circumstances found to exist is supported by competent, substantial evidence. Additionally, no abuse of discretiоn has been established with regard to the weight to be assigned to the mitigation found to have been established. Moreover, the trial court properly found that Reynolds had failed to offer sufficient evidence to support a finding that Reynolds was remorseful for having committed the crimes. Therefore, this claim is denied.
H. Constitutionality of Florida's Death Penalty
Reynolds next asserts that Florida's capital sentencing scheme violates his Sixth Amendment right and his right to due process under the holding of Ring v. Arizona,
I. Proportionality Review
Finally, although Reynolds does not challenge the proportionality of his death sentence, we must ensure that the sentence is proportional. See Rimmer v. State,
The jury in this action recommended the death penalty by a vote of twelve to zero for both murders. The trial court considered *1161 the following aggravating factors with respect to both Robin and Christinа Razor: (1) Reynolds was previously convicted of another capital felony or a felony involving the use or threat of violence to the person (great weight), see § 921.141(5)(b), Fla. Stat. (2003); (2) Reynolds committed the murder while engaged in or an accomplice in the commission of or an attempt to commit any burglary (great weight), see § 921.141(5)(d), Fla. Stat. (2003); (3) Reynolds committed the murder for the purpose of avoiding or preventing a lawful arrest (great weight), see § 921.141(5)(e), Fla. Stat. (2003); and (4) Reynolds committed the murder in this case in an especially heinous, atrocious, or cruel fashion (great weight), see § 921.141(5)(h), Fla. Stat. (2003). With respect to Christina Razor's murder, the trial court also considered the additional aggravating circumstance that the victim was a person less than twelve years of age (great weight), see 921.141(5)(l), Fla. Stat. (2003).
In mitigation, the trial judge found no statutory mitigating circumstances had been established. The trial judge considered the following nonstatutory mitigating factors: (1) Reynolds was gainfully employed at the time the crimes were committed (little weight); (2) Reynolds exhibited appropriate courtroom behavior (little weight); (3) Reynolds had a difficult childhood (little weight). The trial court found that the evidence did not establish that Reynolds had the ability to adjust easily to prison life. Additionally, the trial court refused to consider residual or lingering doubt as a nonstatutory mitigating circumstance.
The circumstances of this case are similar to other cases in which this Court has upheld the death penalty. See Butler v. State,
III. CONCLUSION
Having heard oral argument and considered each of the issues raised in this direct appeal, we affirm the judgment and sentences of death.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
NOTES
Notes
[1] Spencer v. State,
[2] Neiner v. State,
[3] Spencer v. State,
[4] Reynolds reasserts his claim regarding the penalty phase testimony of Tonya Chapple, the victim of one of Reynolds' prior violent felony convictions. This issue was analyzed in detail and rejected above. See discussion supra pp. 1148-50.