State v. ClaytonState v. Clayton
Charles R. Jones, Jones & Murray, New Orleans, for defendant/appellant.
GOTHARD, Judge.
On May 31, 1989 the St. James Parish grand jury returned an indictment charging the defendant, Katherine Clayton, with second degree murder in violation of
FACTS
On the morning of May 8, 1989, deputies from the St. James Parish Sheriff‘s Department were summoned to investigate a shooting incident at the trailer residence of Tracy and Katherine Clayton. Upon arriving, the officers found the nude body of Tracy Clayton on the bed in the couple‘s bedroom. Mr. Clayton had been killed by a single gunshot wound to the head. The officers then learned that Katherine Clayton, the decedent‘s wife, had begun acting hysterically and therefore had been taken by family members to the emergency room of a local hospital. While some of the police officers proceeded to the hospital to question Ms. Clayton, other officers searched the trailer residence for evidence relating to the homicide. The defendant confirmed to investigating officers and to members of her family that she had been involved in her husband‘s shooting.
Although defendant‘s version of the incident varied, essentially she claimed that her husband came home, threatened and abused her and her children with his gun and subsequently raped her. An ensuing struggle over the gun resulted in the victim‘s death.
On two occasions while being seen at the hospital emergency room, the defendant told investigating officers that she dropped the gun by the side of her bed after the shooting. When officers at the trailer did not find the weapon near the bed, they expanded their search. The officers found the weapon in the living room of the trailer. The gun had been concealed inside a decorative pillow which had been cut open to accommodate placement of the pistol inside the pillow. The pillow had then been placed, with certain other bloody items, inside a paper bag. The paper bag, in turn, had been put into a larger plastic trash bag which was knotted to prevent easy access to the bag. Upon being released from the hospital emergency room, the defendant was taken into police custody and booked for the homicide of Tracy Clayton.
Assignment number one.
The defendant asserts that the trial court erred in denying her motion for continuance.
The defendant moved to continue the trial, arguing that a material defense witness was not available to testify and that the state produced the results of laboratory tests performed on certain physical evidence in the case too late for the defense to properly analyze those results or to conduct its own testing of the evidence. Counsel for the defendant filed a written motion for a continuance, which the district court heard on November 14, 1989 immediately prior to the commencement of trial.1 The
On appeal, the defendant claims that the denial of the continuance severely prejudiced her ability to present a defense at trial. Essentially, the defendant contended that her husband physically abused and raped her and then was killed when a pistol over which the couple was struggling accidentally discharged. The material witness alleged to have been unavailable for trial was Ms. Barbara Davison, a representative of the Battered Women‘s Program in Baton Rouge. According to the defendant, Ms. Davison‘s testimony was vital in establishing that the defendant‘s conduct conformed to that of an abused spouse or other victim of family violence. The defendant further argues on appeal that the state provided her with its laboratory testing results only nine days before trial, thereby making it impossible for the defendant to properly evaluate those results or to procure her own testing of the evidence.
While pointing out that the defendant‘s motion for continuance was not filed at least seven days prior to trial, the trial judge chose to address the motion as if timely filed under
The defendant did not sufficiently meet the requirements of arts. 707 and 709. The motion was not filed timely even if the earlier of the two dates shown on the motion is considered. While the motion alleges the nonavailability of a material witness to testify at trial, it neither identifies the witness nor alleges the substance and materiality of that witness‘s testimony. Moreover, the motion is silent as to any efforts to obtain the witness‘s presence at trial. Counsel for defendant admitted to the court that no subpoena had been issued to the witness.
With regard to the defendant‘s complaint about laboratory testing results, the defendant‘s motion merely recites that the defendant had been unable to obtain a hearing on discovery motions necessitated by the production of discovery information since the trial court‘s previous hearing in the matter.2 This vague and general assertion hardly complies with the specificity requirement imposed by
The defendant‘s claim of inadequate time to prepare for trial is likewise without merit. Although the defendant asserts that discovery was held in abeyance until the sanity hearing on October 10, 1989, the
Consequently, we find no error in the trial court‘s denial of defendant‘s motion for continuance. This assignment is without merit.
Assignments numbers two and three.
By these two assignments of error the defendant asserts that the jury was tainted and, thus, unable to impartially judge the defendant. In assignment number two the defendant cites error in the trial court‘s refusal to question the previously sworn jury as to whether they viewed a certain television program. The program, which aired the evening after the jury had been impaneled and the court had recessed for the day, portrayed the dramatic account of a mother charged with murdering her child and blaming the child‘s death on animals.
The defendant did not request sequestration of the jury and admits on appeal that sequestration is discretionary with the trial court in this non-capital case.
The defendant gave no indication at trial how the viewing of a factually dissimilar television program would prejudice the jury against the defendant. Nor does defendant make the allegation on appeal that any prejudice actually occurred. Consequently, we find no error in the trial court‘s decision to proceed with the trial without mention of the program.
In the third assignment the defendant asserts her motion for mistrial should have been granted on the ground that one of the jurors failed to inform the court in voir dire that she was acquainted with the victim‘s family.
On the second morning of trial defense counsel moved for a mistrial stating that one of the jurors had been seen in conversation with the victim‘s mother during the selection of the jury. During an in-camera interrogation, the juror assured the court that she did not know any of either the victim‘s or the defendant‘s family. She further stated that she was not familiar with the facts of the case and assured the court she would be fair and impartial.
At trial the defendant based his motion on
Assignment number four.
By this assignment of error the defendant asserts that the state gave a “summation of information,” not an opening statement which explained the nature of the evidence against the defendant as required by
A review of the state‘s opening statement in this case reflects that it complied with
This assignment of error lacks merit.
Assignments numbers five, seven, and eight.
The defendant asserts that the trial court committed reversible error by allowing three witnesses to give opinion testimony beyond their expertise.
The defendant first challenges the trial court‘s ruling on an objection to opinion testimony raised during the state‘s examination of Ms. Ernestine Williams, the defendant‘s mother. Ms. Williams testified that each morning she drove to the defendant‘s trailer and picked up her granddaughter before school. The prosecutor asked Ms. Williams if the child appeared to be upset on the morning of the incident, and counsel for the defendant objected. The trial judge overruled the objection and allowed Ms. Williams to respond.
The Louisiana Code of Evidence makes it clear that opinion testimony by lay witnesses, while only authorized in limited situations, is not absolutely prohibited. A lay witness may express those opinions or inferences which are rationally based on the first-hand perceptions of the witness and are helpful in understanding the witness‘s testimony or in resolving a factual matter at issue.
Ms. Williams’ testimony concerning her granddaughter‘s emotional composure on the day of the incident was admissible. In her previous testimony, Ms. Williams established that she picked up her granddaughter each morning before school. Because she observed her granddaughter on a daily basis, Ms. Williams could rationally form an opinion concerning the child‘s emotional state on the morning of the murder. Moreover, this testimony was helpful in determining the validity of the defendant‘s contention that she and the victim engaged in a violent physical struggle while her young children were also present in the trailer residence. The trial judge‘s ruling on the objection to Ms. Williams’ opinion testimony was therefore correct.
The defendant next challenges the admission of Detective Willie Taylor‘s testimony concerning an allegedly misfired 25 caliber cartridge found in the defendant‘s residence. Detective Taylor conducted a search of the defendant‘s trailer on the morning of the incident. At the trial, he testified that during the search he found a garbage bag which had been knotted closed. Inside the garbage bag Detective Taylor found a paper bag which contained a decorator pillow and a 25 caliber cartridge. A 25 caliber pistol had been stuffed inside the pillow through a cut in the material. With regard to the cartridge, Detective Taylor testified that the round appeared to be live because the slug and casing were still intact. However, upon further examination, Detective Taylor noticed that the cartridge‘s primer was indented. Over a defense objection, the trial judge allowed Detective Taylor to testify that the indented primer indicated that the cartridge had misfired. Prior to ruling on the objection, the trial judge afforded the state the opportunity to lay a foundation for the witness‘s testimony on this subject;
A thorough review of the record in this case convincingly demonstrates that the erroneous admission of Detective Taylor‘s testimony was harmless. The challenged testimony was contradicted by state witness Patrick Lane, a forensic scientist with the Louisiana State Police crime laboratory. On the basis of his education and background, Mr. Lane was accepted at trial as an expert in firearms identification and analysis and as an expert in fingerprint analysis. Mr. Lane testified that as a forensic scientist he had experience in examining cartridge casings to determine if a misfire occurred. He further testified that he did not examine any cartridge casings in this case. However, the determination of whether a cartridge misfired would require a laboratory examination of the round, not mere visual inspection. This expert testimony by Mr. Lane effectively refuted the lay opinion expressed by Detective Taylor regarding the possibility of a misfire. Moreover, while the state attempted to offer the misfire evidence as proof of the specific intent element of the second degree murder charge against the defendant, the jury apparently rejected that evidence and convicted the defendant of manslaughter. Considering these facts, the admission of Detective Taylor‘s testimony concerning the allegedly misfired cartridge constitutes harmless error. State v. DiLosa, supra.
Finally, the defendant argues that the trial court improperly permitted Patrick Lane to express his opinion regarding why there were no fingerprints on the 25 caliber pistol found at the crime scene. Such opinion testimony, according to the defendant, extends beyond the scope of Mr. Lane‘s expertise.
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
As previously stated, Mr. Lane was accepted at trial as an expert in firearms identification and analysis and as an expert in fingerprint analysis. The disputed inquiry concerning the absence of fingerprints on the 25 caliber pistol clearly falls within the scope of Mr. Lane‘s firearms and fingerprint expertise, and his opinion testimony in this area was properly admitted by the trial court.
These assignments or error lack merit.
Assignment number six.
By this assignment the defendant asserts the trial court erred by allowing the state to lead a witness in direct testimony.
At trial, the following exchange took place during the state‘s direct examination of Mr. Albert Williams, Jr., the defendant‘s brother:
Q (state) Did you notice anything unusual about her (the defendant‘s) physical appearance?
A (Mr. Williams) I didn‘t pay no attention.
Q (state) Do you understand my question as to the physical appearance? Did you see any bruises?
The defendant objected that the state was improperly asking the witness leading questions, and the trial court overruled that objection. On appeal, the defendant
Generally, the use of leading questions during the direct examination of a witness is improper unless authorized under the circumstances described in
Assignments numbers nine and ten.
These assignments allege the trial court erred in denying defendant‘s motion for new trial.
After her conviction, the defendant filed a motion for a new trial taking issue with the trial testimony of Detective Willie Taylor and that of Dr. Paul McGarry, the forensic pathologist who autopsied the victim. The motion alleges that the testimony of these two witnesses was inaccurate and exaggerated the facts of the case beyond credibility. The trial judge denied the motion. Citing
Throughout the trial, the defendant contended that the victim was killed while the two struggled over a weapon. She also asserted she dropped the weapon by the bed. On appeal she argues that Detective Taylor‘s testimony that the gun was found carefully concealed inside a pillow placed in bags is untrue. She further argues that Dr. McGarry‘s testimony that there was no sign of a recent struggle on the victim‘s body is incredulous.
Appellate review of a trial court‘s denial of a new trial motion which alleges that the verdict is contrary to the law and the evidence under
A physician who examined the defendant on the day of the incident at 10:30 a.m. found no injuries to suggest that the defendant had been engaged in a physical struggle with another. The doctor found nothing more than a small, slightly swollen area above the defendant‘s left kneecap. Moreover, further examination of the defendant failed to reveal any indication of recent sexual activity on her part. Given that testimony and the opinion of Dr. McGarry that the victim was unaware that he was about to be shot, we find no abuse of discretion in the trial court‘s finding that the testimony of the two witnesses was credible.
Assignment number eleven.
By this assignment the defendant challenges as excessive her sentence of eighteen years imprisonment at hard labor with credit for time served. In sentencing the defendant the trial court considered the entire Pre-Sentence Investigation Report including letters of reference submitted in support of the defendant. Sentencing was accompanied by articulate written reasons for imposition.
The
The trial judge imposed a sentence in the higher range of available sentences, although not the maximum of 21 years. However, the trial judge articulated his reasons for that sentence using the appropriate
In light of the foregoing considerations, the defendant‘s sentence does not appear to be excessive. This assignment of error lacks merit.
Assignment number twelve.
The defendant requests a review of the record for errors patent. We have made such a review and have found none. This assignment is meritless.
Consequently, the defendant‘s conviction and sentence are affirmed.
AFFIRMED.