State v. SattlerState v. Sattler
Lead Opinion
delivered the Opinion of the Court.
¶ 1 Rodney Joseph Sattler (Sattler) appeals from the judgment and death sentence entered by the Twentieth Judicial District Court, Lake County, on a jury verdict finding him guilty of the offense of deliberate homicide. Sattler raises both trial-related and death penalty-related issues and, pursuant to
¶2 We address the following issues:
¶3 1. Did the District Court abuse its discretion by limiting Sattler’s questioning of prospective jurors during voir dire?
¶4 2. Did the District Court abuse its discretion by refusing to allow Sattler to inquire into the reason the victim had been at the Pine Hills youth correctional facility?
¶5 3. Was there sufficient evidence to support the conviction?
¶6 4. Did the District Court commit reversible error in analyzing aggravating or mitigating circumstances?
¶7 5. Was the death sentence imposed under the influence of passion, prejudice or any other arbitrary factor?
¶8 6. Is the death sentence imposed disproportionate to the penalty imposed in similar cases?
¶9 7. Are the District Court’s findings regarding the existence of the aggravating circumstance set forth in
BACKGROUND
¶10 On May 2, 1995, the State of Montana (State) charged Sattler by information with committing the offense of deliberate homicide in violation of
¶11 The case was tried to a jury in Powell County in March of 1996. The undisputed evidence was that the altercation between Sattler and Martinson which resulted in Martinson’s death occurred shortly before midnight on April 20, 1995, in Cell 1 of the Jail’s Cell Block A and that Sattler inflicted a minimum of six blows to Martinson’s head and neck with a metal bar which had affixed the seat to an exercise bicycle located in that cell.
¶12 Each of the four cells in Cell Block A contained bunks and a combination sink and toilet. Cell 1 did not house any inmates, but was used as a common bathroom and exercise room by the inmates. Cell 2 housed five inmates, including Sattler, Martinson, and two inmates who testified for the State at trial. Cells 3 and 4 housed two and five inmates, respectively. The remainder of Cell Block A was composed of a common area containing a main room and a shower. Except during the period from approximately midnight to 6:00 a.m. each day, during which time the inmates were locked in their cells, inmates frequently sat at two picnic tables in the main room and watched television, played cards and the like.
¶13 According to the evidence presented by the State, jailer Luc Mathias (Mathias) checked on the inmates in Cell Block A at around 11:20 p.m. on April 20, 1995, and saw that a few of them were watching television in the main room; everything was quiet and seemed normal. About 20 minutes later, Darlene Healy (Healy), a dispatcher whose responsibilities included monitoring a surveillance and intercom system at the Jail, noticed Sattler pacing back and forth in the main room of Cell Block A. She did not see any other inmates in the main room at that time. Approximately 15 minutes later, someone pressed the intercom button in Cell Block A. When Healy pressed the button which allowed her to communicate with the caller and asked what the caller needed, the response was “Man down.” “Man down” was repeated. Healy advised Mathias of the message and called Lake County Deputy Sheriff David Alexander (Alexander). She continued to monitor the surveillance and intercom system; she did not see anything unusual, but thought she could hear someone trying to breathe.
¶ 14 Mathias went to the catwalk in front of the cell block, observed feet protruding from Cell 1, locked down all of the inmates and entered Cell Block A. He saw Martinson lying on his back in Cell 1. Martinson’s head was under the bunk opposite the door to the cell; he was lying in a lot of blood but was still alive. Mathias also noticed a bloody metal bar lying across the sink and the exercise bicycle. Mathias left the cell block and directed Healy to call an ambulance.
¶15 Alexander arrived, together with emergency personnel who also noticed that Martinson’s head was approximately three to four inches under the bunk. Martinson was transported to the local hospital and died there less than an hour later.
¶16 Inmate Dale Tammen (Tammen) testified that a number of inmates, including himself and Sattler, were watching television at the picnic tables shortly before midnight on April 20,1995. Martinson was there on and off. Tammen heard a “loud thump” from Cell 1, turned, and saw Martinson on the floor of Cell 1 slumped against the exercise bicycle with his legs facing back toward the bunks; Martin-son appeared to be unconscious and Sattler was standing over him looking down. Tammen noticed a large wound in the back of Martin-son’s head, and possibly another next to it. He saw Sattler
¶17 Tammen went briefly to his own cell, Cell 2, and then followed the other inmates to Cell 4, the cell farthest away from Cell 1. He heard a series of approximately five or six more “thumps” in rapid succession over a three- to five-second period. Soon thereafter, Sattler came to Cell 4 and directed the inmates to go to their cells. Sattler returned to the main room and began pacing, then went to Cell 2, laid down on his bunk and started reading a book. After borrowing a shirt from another inmate, Sattler took off his own shirt and wiped his feet with it. He then tore up his shirt and flushed it down the toilet; Tammen did not observe any injuries on Sattler when he changed shirts. After Sattler said it was okay to do so, Tammen pressed the intercom button and reported that there was a “man down.” According to Tammen, Sattler asked if any of the inmates had seen anything and if anyone was going to betray him.
¶18 While not identical, the testimony of inmate Jonathan Nunn (Nunn) largely corroborated Tammen’s version of the events at issue. He heard loud banging noises coming from Cell 1 which sounded to him like metal on metal. Similarly, inmate Leslie Butler (Butler) heard “thumping” noises while showering which sounded like “metal hitting metal.” On returning to his cell, Butler suspected something was wrong because Sattler was alone in the main room of Cell Block A.
¶ 19 Inmate Jody Law (Law) testified that the seat had been on the exercise bicycle in Cell 1 approximately an hour before the incident in question and was still there shortly before the incident when he went into Cell 1 to use the toilet. Sattler came into Cell 1 while Law was there and remained in the cell when Law returned to the main room. Upon his return to the picnic tables, Law noticed that Sattler had left his glasses on the table; this was noteworthy, in Law’s view, because Sattler “just never took [his glasses] off.” Law did not see anyone else go into Cell 1 after he left Sattler there but, “maybe a couple minutes” later, he heard a “scuffle going on behind” which started with kind of a dull thumping sound and then started sounding “like taking a pipe and hitting it against metal... or something.” Law looked into Cell 1 momentarily and saw no one; he noticed only that the exercise bicycle moved a little bit. He then saw Sattler come out of Cell 1, wiping his hands off on his shirt. Sattler went to Cell 2, then came to Cell 4, where the other inmates were gathered, and said only “Has anybody got a problem with that?” Like other inmates, Law could hear someone gasping for breath in Cell 1 while Sattler returned to the main room to pace.
¶20 Inmates described Sattler as intimidating, unpredictable, temperamental and the “boss” of the cell block. He was bigger than the other inmates. Martinson, on the other hand, was described as a smaller, nonaggressive “happy go lucky kind of guy,” who was quiet, wimpy, naive and a pest. Sattler apparently did not like Martinson very much and frequently would slap Martinson’s bunk to frighten him.
¶21 According to inmate Shannon Swimmer (Swimmer), Sattler’s attitude had undergone a change for the worse several weeks before Martinson’s death when Sattler learned he would be receiving a significant sentence on the attempted deliberate homicide offense which resulted in his placement at the Jail. Indeed, he and Sattler devised a plan to escape from the Jail and considered disassembling the exercise bicycle to use parts of it — including the metal bar to the seat — as weapons. They had gotten as far as removing the seat but had not removed the bar which held the seat — and which Sattler ultimately used to beat Martinson to death. Swimmer abandoned the escape plan upon receiving a lesser sentence than he had anticipated for his underlying offense.
¶22 On the morning of either April 19 or April 20,1995, Swimmer was to be transported to the MSR Before leaving he asked — and was permitted — to speak to Sattler. Swimmer testified that, during their conversation, Sattler indicated to Swimmer that somebody was going to die. Sattler pointed in the direction of Martinson or the other inmate sleeping on a top bunk in Cell 2. Swimmer could not tell whether Sattler was joking or serious but, in any event, he did not report the conversation to anyone at the Jail. He
¶23 The State also presented evidence that there were no defensive-type wounds on Martinson and testimony — in addition to that of Tammen — that no signs of injury were observed on Sattler after the incident. Sattler did not claim to have been attacked or injured in the incident at the time. No identifiable fingerprints were found on the metal bar which inflicted the blows resulting in Martinson’s death, but blood spatter evidence was consistent with the State’s theory that most of the blows Martinson received were inflicted after his head was low to the ground in Cell 1.
¶24 Sattler testified on his own behalf as the only witness for the defense. He did not deny having caused Martinson’s death, but testified that he did so in self defense and not purposely. According to Sattler, he had been working out — during which he did not wear his eyeglasses — earlier in the evening of April 20, 1995, and then watched the David Letterman show on television with other inmates. When he entered Cell 1 to use the toilet, dropping his pants in preparation, he saw a person who turned out to be Martinson standing by the toilet. Sattler testified that Martinson swung at him with a weapon, that he went into a defensive posture, and that he was hit under the arm and on the left rib cage. He punched Martinson and they struggled over the metal bar Martinson had in his hands; Martinson went down on his knees and Sattler hit him again, but Martinson continued to come at him. According to Sattler, he had no intention of killing Martinson and did not think he had hit Martinson that hard; his only intent was to protect himself. Sattler’s version of the incident was that he struck Martinson on the top of the head a couple of times, Martinson hit the lower bunk pretty hard when he fell against it, and then Martinson hit his head on the floor.
¶25 Sattler also testified that he was not the “boss” of the cell block, admitted that he had slapped Martinson’s bunk on occasion, but denied that he had any problem with Martinson. He denied having had a conversation with Swimmer about Martinson when Swimmer was leaving the Jail, expressly denied telling Swimmer that he was going to kill anyone and, indeed, denied ever having had a conversation with Swimmer which lasted as long as the conversation Swimmer described.
¶26 The State presented six rebuttal witnesses. A Jail inmate testified about Sattler’s threats to inmates. In addition, the jailer who allowed Swimmer to talk to Sattler before being transported to the MSP testified that the conversation lasted about IV2 minutes, and the employee who transported Sattler to the MSP approximately 12 hours after the incident testified that he saw no swelling or bruising on Sattler during a pretransport strip search. Pat Warnecke (Warnecke), the chief juvenile probation officer in Flathead County, testified that he had known Martinson for years through his work and otherwise and that, in his opinion, Martinson was not considered a violent or particularly aggressive individual. Finally, Martinson’s widow testified that Martinson was nonviolent and that he would get upset and even cry if she got angry at him.
¶27 The jury found Sattler guilty of deliberate homicide and, thereafter, the State provided Sattler with formal notice of its intent to seek the death sentence. Following a sentencing hearing, the District Court entered its findings of fact, conclusions of law, judgment and sentence. The court found the existence of two statutory aggravating circumstances and no mitigating circumstances. The District Court sentenced Sattler to death and set an execution date of July 10, 1996. Sattler appealed and the sentence was stayed pending resolution of this appeal and automatic review.
DISCUSSION
¶28 1. Did the District Court abuse its discretion by limiting Sattler’s questioning of prospective jurors during voir dire?
¶29 During voir dire, Sattler’s counsel inquired of individual prospective jurors whether they thought someone in jail “would commit a homicide unless there was something
¶30 Sattler contends that he had a right to voir dire on his defense of justifiable use of force and that the right was infringed by the District Court’s refusal to allow him to inquire about whether there must be a cause or reason to commit a homicide in jail. It is true that, where notice of a defense is given, a refusal to allow the defendant to voir dire prospective jurors on the defense constitutes prejudicial error. See State v. McKenzie (1980),
¶31 In McKenzie, the trial court did not allow the defendant any voir dire regarding mental disease or defect and the defendant claimed prejudice on appeal. We concluded that the voir dire was properly prohibited because notice had not been given of reliance on the defense. McKenzie,
¶32 In Olson, the defendant asserted an insanity defense and was denied the opportunity to voir dire on the subj ect. We determined that the defendant could not be assured of an impartial jury without questioning each prospective juror to see if he or she could understand and accept the insanity plea, and reversed the trial court. Olson,
¶33 The question disallowed by the District Court in the present case, however, did not relate directly to Sattler’s self defense theory. Instead, Sattler’s question about whether a cause or reason must exist to commit a homicide in jail suggested to prospective jurors that the State was required to prove motive, and Sattler concedes that the State need not do so. On the face of it, the question went beyond an attempt to determine whether potential jurors were biased against the justifiable use of force defense.
¶34 We conclude that the District Court did not abuse its discretion in limiting Sattler’s voir dire of prospective jurors.
¶35 2. Did the District Court abuse its discretion by refusing to allow Sattler to inquire into the reason the victim had been at the Pine Hills youth correctional facility?
¶36 As set forth above, Sattler testified that Martinson was the aggressor in the encounter. Thereafter, the State called Warnecke, the chief juvenile probation officer in Flathead County, as a rebuttal witness. Warnecke knew Martinson through his work and otherwise. In his opinion, Martinson was not considered a violent or particularly aggressive individual.
¶37 Prior to beginning his cross-examination of Warnecke, Sattler’s counsel asked for a bench conference at which he apparently sought permission to question Warnecke about Martinson having once been sent to the Pine Hills youth correctional facility (Pine Hills) for “molestation.” Sattler’s theory, apparently, was that “molestation” was a violent act and that evidence of Martinson’s prior acts of violence became relevant after Sattler had identified Martinson as the aggressor in the incident. The bench conference was not recorded and Sattler did not pursue the line of inquiry thereafter. Sattler contends that the District Court prohibited
¶38 The State asserts that we cannot review this issue absent both a record of the bench conference, which Sattler did not ensure was made, and an offer of proof as to the specific facts which would have been proven by the offered evidence. Sattler contends he was unaware the bench conference was not reported and directs our attention to the fact that, during the settling of instructions, he advised the District Court that he wanted to make a record of his effort to question Warnecke about Martinson being sent to Pine Hills for “molestation” and of his theory that the molestation was an admissible violent act by Martinson. The District Court acknowledged Sattler’s earlier effort, agreed it had prohibited the questions in response to an objection by the State and directed that “[t]he record will so reflect.” According to Sattler, this record reflects the entirety of the bench conference which occurred prior to his cross-examination of Warnecke. Taking Sattler at his word, the record contains neither his specific legal argument for admissibility or the basis of the State’s objection and, as a result, it is deficient for purposes of appellate review.
¶39 Sattler asserts generally, however, that the offense for which Martinson was sent to Pine Hills was a sexual offense in which Martinson caused bodily injury or used threats, intimidation or force against the victim. As such, according to Sattler, Martinson’s offense was a “crime of violence” under
¶40 Sattler relies first on two cases which predated the July 1, 1977, effective date of the Montana Rules of Evidence — State v. Jones (1914),
¶41 In Jones, the defendant was charged with first degree murder, admitted the homicide and asserted the defense of self defense. Jones, 139 R at 443. On appeal, we addressed the issue of whether evidence that the decedent was reputed to be a turbulent, violent man was admissible for any purpose unless it was first shown to have been known to the defendant. We concluded that, when the issue is self defense and there is doubt as to who was the aggressor, evidence of the decedent’s reputation for violence is admissible in order to enable the jury to resolve the doubt. Jones,
¶42 As discussed, both Jones and Logan addressed the admissibility by the defendant of evidence regarding the decedent’s reputation for violence. Neither addressed the issue before us in this case, namely, the admissibility of “specific instance” evidence regarding the victim’s character by the defendant. Since Sattler was attempting to introduce the “molestation” incident by Martinson, rather than evidence regarding Martinson’s reputation for violence, Jones and Logan do not support his position that the District Court erred in excluding the evidence.
¶44 Where character evidence is admissible pursuant to Rule 404, M.R.Evid., character or a character trait can be proven through reputation evidence or specific instances of conduct evidence as expressly authorized in Rule 405, M.R.Evid. Sattler argues summarily that Rule 405(b), M.R.Evid., authorized him to introduce the specific instance of Martinson’s prior act of violence to support his claim that Martinson was the aggressor in the altercation between the two men. Rule 405(b), M.R.Evid., permits proof of character via specific instances of conduct in two situations: 1) where character or a trait of character of a person is an essential element of a charge, claim or defense; and 2) where the character of the victim relates to the reasonableness of force used by the accused in self defense.
¶45 With regard to the first circumstance outlined in Rule 405(b), we must look to the justifiable use of force defense to determine whether Martinson’s character for violence was an essential element of that defense. Pursuant to
when and to the extent that he reasonably believes that such conduct is necessary to defend himself ... against such other’s imminent use of unlawful force. However, he is justified in the use of force likely to cause death or serious bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or serious bodily harm to himself. ...
Nothing in the statutorily-defined defense relates directly to the question of the identity of the aggressor and Sattler cites to no authority under which the identity of the aggressor is an “essential element” of the justifiable use of force defense. His bare contention that Martinson’s character for violence was an essential element of his justifiable use of force defense does not make it so. We conclude that the “specific instance” evidence regarding Martinson’s prior violent act which Sattler sought to introduce through Warnecke was not admissible under the first circumstance set forth in Rule 405(b), M.R.Evid.
¶46 The second circumstance outlined in Rule 405(b), M.R.Evid., renders specific instances of the victim’s conduct admissible where the victim’s character regarding violence or aggression relates to the reasonableness of the force used by the accused in self defense. In this regard, we need observe only that this was not the purpose for which Sattler sought to introduce Martinson’s prior act of violence. Indeed, as discussed above, Sattler sought to introduce the evidence to show that Martinson was the aggressor in the incident, not to support any claim that the force he used against Martin-son was reasonable based on his knowledge of Martinson’s history of violent acts. As a result, we conclude that the “specific instance” of Martinson’s conduct which Sattler sought to introduce through Warnecke was not admissible under the second circumstance set forth in Rule 405(b), M.R.Evid.
¶47 Sattler raises two new arguments relating to this issue in his reply brief. Legal theories raised for the first time in an appellant’s reply brief are outside the scope of such a brief and we do not address them. See Rule 23(c), M.R.App.P.; Loney v. Milodragovich, Dale & Dye, P.C. (1995),
¶48 Moreover, while we have addressed this issue absent an appropriate record in order to resolve it now rather than later, we did so on the basis that the arguments presented in Sattler’s opening brief were those presented to the District Court during the trial of this case. Under the principles that guide all cases, a party may not change his theory on appeal from that advanced in the trial court. See State v. Fisch (1994),
¶49 Finally, we observe that any error in the District Court’s refusal to admit the evidence of Martinson’s prior violent act under Rule 405, M.R.Evid., would not necessarily have resulted in prejudicial and reversible error. Reversible error is error which affects the substantial rights of a party. See
¶50 First, while Martinson’s act of “molestation” was relevant in that it had a tendency to make the existence of a disputed fact— whether, as Sattler testified, Martinson was the aggressor — more probable (see Rule 401, M.R.Evid.), the relevance was slight given the other evidence of record. It was clear from the circumstances of this case that Martinson was incarcerated in the Jail. In addition, the jury was aware that Martinson had been committed to Pine Hills during his youth and that he had been involved in an escape attempt when he was 14 or 15 years old. Furthermore, Warnecke testified that Martinson “could be” violent if armed with a weapon, as Sattler testified he was. Thus, whatever the specifics of the evidence of Martinson’s act of “molestation,” it would have been cumulative to other negative evidence about Martinson which was before the jury.
¶51 Moreover, whatever the nature of Martinson’s “molestation” act, it had occurred approximately eight years before Martinson’s death, by Sattler’s counsel’s own reckoning during oral argument, at a time when Martinson was in his mid-teen years. Therefore, the act was not only remote but potentially excludable on that basis. See State v. Benton (1992),
¶52 We hold that the District Court did not abuse its discretion in refusing to allow Sattler to inquire into the reason the victim had been at Pine Hills.
¶53 3. Was there sufficient evidence to support the conviction?
¶54 The jury ultimately found Sattler guilty of deliberate homicide, which is defined in
¶55 As is true in every criminal case, the State was required to prove Sattler’s guilt beyond a reasonable doubt. See
¶56 This Court reviews the sufficiency of the evidence to sustain a guilty verdict in a criminal case to determine whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. State v. Richards (1995),
¶57 As set forth above, a person commits the offense of deliberate homicide if he or she purposely or knowingly causes the death of another human being. See
¶58 On this record, we conclude that a rational trier of fact could have found beyond a reasonable doubt that Sattler purposely and knowingly caused Martinson’s death. Factually, it was undisputed that Sattler caused Martinson’s death by inflicting blows to his head and neck area with a metal bar. Sattler admitted inflicting the blows which killed Martinson and the State’s medical examiner testified that one of the blows actually indented — or caved in — Martinson’s skull; the beating also was sufficient to bruise the brain. Notwithstanding Sattler’s testimony that he did not intend to kill Martinson, the nature of Martinson’s fatal injuries — together with Sattler’s awareness of his conduct and the jury’s ability to infer that he also was aware that there was a high probability that that conduct would result in Martinson’s death — was sufficient to support a finding that Sattler purposely or knowingly caused Martinson’s death beyond a reasonable doubt. See Arlington,
¶59 Sattler points to his denial that the conversation related by Swimmer took place. However, the jailer who permitted Swimmer to talk to Sattler prior to being
¶60 Sattler’s contention that the State did not present sufficient evidence of his mental state to enable the jury to find him guilty beyond a reasonable doubt of purposely or knowingly causing Martin-son’s death is not a model of clarity. He appears to argue that, because his testimony supported the existence of the elements of his justifiable use of force defense, the jury was obligated to find that a reasonable doubt existed regarding whether he had the requisite mental state for the deliberate homicide offense. As discussed above, however, the jury is free to weigh the evidence and determine the credibility of all witnesses in making its factual findings. We review the jury’s verdict only to determine whether it is supported by sufficient evidence, not to determine whether there was evidence to support a different verdict.
¶61 Nor do Arlington and State v. Popescu (1989),
¶62 Finally, we observe that Sattler effectively conceded this issue in his reply brief on appeal. There, he stated that “it could not be said that the State had failed to prove it’s [sic] case ...”
¶63 We conclude that, on this record, the jury could have found the essential elements of the charged deliberate homicide offense beyond a reasonable doubt. As a result, we hold that there was sufficient evidence to support Sattler’s conviction.
¶64 4. Did the District Court commit reversible error in analyzing aggravating or mitigating circumstances?
¶65 After the State served formal notice of its intent to seek the death penalty, the District Court held the sentencing hearing required by
¶66 Sattler challenges the District Court’s determinations regarding both aggravating and mitigating circumstances. We consider his arguments in turn.
¶67 The District Court determined that two statutory aggravating circumstances existed: first, that the offense of which Sattler was convicted was deliberate homicide and it “was committed by a person serving a sentence of imprisonment in the state prison!,]” as set forth in
¶68 In Keith, the defendant pleaded guilty to six charged offenses, including aggravated kidnaping and deliberate homicide. Keith,
¶69 Sattler contends that, because he was under sentence to the MSP at the time of Martinson’s death but physically present in the Jail as the result of a different charge, Keith bars application of the
¶70 As set forth above, the District Court determined that two aggravating circumstances existed in this case. The first is the “serving a sentence of imprisonment in the state prison” circumstance discussed above. The second is that contained in
¶71 In determining whether to impose a death sentence, a sentencing court in Montana must take into account the statutory aggravating and mitigating circumstances and “shall impose a sentence of death if it finds one or more of the aggravating circumstances” and no mitigating circumstances sufficiently substantial to call for leniency.
¶72 Nor, under a statutory death penalty scheme like Montana’s, must a death sentence be reversed or a new sentencing hearing conducted if one of several aggravating circumstances found to exist is subsequently held to be inapplicable. See Zant v. Stephens (1983),
¶73 As noted above, the District Court concluded that the existence of either one of the aggravating circumstances was sufficient to support the death sentence in this case. That conclusion is correct under
b. Mitigating circumstances
¶74 The District Court made extensive findings with regard to both the mitigating circumstances enumerated in
¶75 Sattler’s first contention is that the District Court erred in considering every enumerated mitigating factor rather than only those he raised and relied on as mitigating circumstances. He cites to no authority in support of this assertion of error and it is clear that
¶76 Sattler also contends that the District Court improperly considered the lack of mitigating circumstances as justification for imposing the death sentence, contrary to
¶77 Next, Sattler asserts that the District Court erred in failing to find the existence of the mitigating circumstance contained in
¶78 Sattler’s argument seems to be that, notwithstanding the jury’s rejection of his self defense theory, the court was required to consider his testimony that Martinson was the aggressor as mitigating evidence under
¶79 Nor is Sattler’s reliance on State v. Korell (1984),
¶80 We observed that the applicable sentencing statutes expressly required the sentencing court to consider whether the defendant suffered from a “mental disease or defect,” even where the jury had convicted the defendant. Indeed, the court could sentence the defendant to imprisonment only after specifically finding that the defendant did not suffer from such a disease at the time of the offense. Korell,
¶81 Korell is inapplicable here. There, statutes expressly required the sentencing judge to independently determine whether the defendant suffered from a mental disease or defect even after the jury had rejected the mental disease or defect defense. No similar statutes required the District Court in this case to independently evaluate Sattler’s self defense evidence after it had been rejected by the jury. Unlike the situation in Korell, the language setting forth the statutory mitigating circumstance relating to a victim participating in or consenting to a defendant’s acts is not similar, much less identical, to the language defining the justifiable use of force defense.
¶82 We conclude, therefore, that the District Court did not err in failing to make independent factual findings in Sattler’s favor — or at all — on the evidence Sattler presented on his justifiable use of force defense. We further conclude that the District Court did not err in failing to find that Sattler had established the mitigating circumstance set forth in
¶83 Sattler’s next argument is that the District Court did not properly consider the “catchall” mitigating evidence he presented under
¶84 Sattler also argues that the District Court committed two distinct errors with regard to its finding “[t]hat the sentences imposed following the prison riot trials, referred to by [Sattler], do not constitute a mitigating circumstance as applied to this defendant and this offense.” Sattler first asserts that he referenced those sentences in relation to his “excessive or disproportionate” arguments under
¶85 Here, Sattler referred to proportionality during the sentencing hearing and the District Court merely found that sentences in other cases did not constitute a mitigating circumstance with regard to Sattler and the deliberate homicide at issue. This determination is not at odds with our holding in Smith and it was, at most, an indication of the sentencing court’s caution and thoroughness in attempting to address all of Sattler’s arguments and evidence in the findings on mitigating circumstances.
¶86 Sattler’s second assertion of error relating to his reference to the prison riot cases, vis-a-vis his disproportionality argument, is that the District Court failed to address whether the death sentence in this case was excessive or disproportionate to the penalties imposed after the riot trials. He cites no authority under which the District Court was required to do so, however, and, as discussed above, Montana statutes and case law reserve the proportionality review to this Court. Sections 46-18-307 and 46-18-310, MCA; Smith,
¶87 Next, Sattler argues that the District Court did not consider either (1) the psychological report he presented, (2) that he came from dysfunctional family circumstances, as outlined in the presentence report, or (3) that the State was unwilling to negotiate away the death penalty as mitigating circumstances under
¶88 Moreover, while the District Court’s findings on mitigating circumstances did not expressly reference either the family information contained in the presentence report or Sattler’s evidence of the State’s unwillingness to enter into a plea bargain that excluded the death penalty, the court indicated that it had considered all of the evidence and all of the circumstances of the defendant, including his character and propensities. The law does not require the sentencing court to make findings on each piece of purportedly mitigating evidence produced. See Smith,
¶89 We conclude that the District Court did not err in analyzing mitigating circumstances.
¶90 5. Was the death sentence imposed under the influence of passion, prejudice or any other arbitrary factor?
¶91 This Court automatically reviews every death sentence imposed under Montana law.
¶92 Here, Sattler asserts that the death sentence was imposed under the influence of passion, prejudice or other arbitrary factors because the District Court imposed the sentence on the same day the sentencing hearing
¶93 With regard to the promptness of the District Court’s written findings, conclusions, judgment and sentence, the sentencing hearing in this case lasted only 1V2 hours and the evidence presented was neither extensive nor complex. The District Court recessed the hearing and indicated that it had drafted findings and conclusions to fit both a life sentence and the death sentence and would give its predrafted findings and conclusions full consideration, along with “the material that was introduced [at the sentencing hearing] and the court file and my notes.” Two hours later, the court reconvened and read its findings, conclusions, sentence and judgment in open court in Sattler’s presence. As discussed above, the District Court’s findings on aggravating and mitigating circumstances were thorough and detailed; further, they reflected that the court took the evidence before it into account in determining to impose the death penalty.
¶94 Sattler also contends that the District Court improperly used his lack of rehabilitation as the basis for imposing the death sentence and, indeed, converted that lack of rehabilitation into an aggravating circumstance. The record does not support this contention. First, the court’s findings and conclusions were confined to addressing the aggravating and mitigating circumstances set forth in
¶95 We conclude, on the record before us, that the sentence of death was not imposed under the influence of passion, prejudice, or any other arbitrary factor.
¶96 6. Is the death sentence imposed disproportionate to the penalty imposed in similar cases?
¶97 As noted above, this Court is required to determine whether the sentence of death imposed in a given case is “excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.”
¶98 We observe that Sattler initially urged us to overrule the Smith limitation vis-a-vis considering only cases where the death penalty was, or could have been, imposed after conviction, and to take into account the so-called prison riot cases in which inmates at the MSP committed deliberate homicides but the death penalty was not sought or imposed. He withdrew that request at oral
¶99 With the proper scope of our proportionality review in mind, therefore, we must examine the proportionality of the death sentence in this case as compared with other cases appealed to us in which a deliberate homicide was committed by an incarcerated defendant and the death penalty was sought or imposed. It is undisputed that only two such cases exist and, because they arose from the same circumstances, we consider them together.
¶100 Douglas Turner and William Gollehon were charged with, and convicted of, deliberate homicide by accountability based on their having beaten Gerald Pileggi to death with a baseball bat while all three were incarcerated at the MSP. Turner,
¶101 The trial court sentenced both Turner and Gollehon to death. Regarding Turner, the court found the existence of two aggravating circumstances, namely, that Turner was serving a term of imprisonment at the MSP when he committed the offense and that he previously had been convicted of a deliberate homicide. It also found that Turner’s difficult childhood was insufficient to call for lenity under the circumstances. Turner,
¶102 The gravity and brutality involved in Sattler’s beating death of Martinson are substantially similar to the gravity and brutality of the offense committed by Turner and Gollehon. Here, as there, an inmate was attacked with a weapon and beaten to death by blows to the head and other areas of the body. Here, as there, at least one blow was sufficient to cave in the skull. Here, as there, the beating continued after the victim was down. Elere, as in Gollehon’s case, there was an indication in advance that the attack was going to be made.
¶103 Furthermore, Sattler — like Turner and Gollehon — had previously been convicted of a deliberate homicide and, while we have not resolved whether the second aggravating circumstance which existed in Turner’s and Gollehon’s cases applies here, it is clear that all three men were incarcerated at the time they committed their deliberate homicides. Finally, the evidence of mitigation on which Sattler premised his call for lenity was no stronger than that presented by Turner and less persuasive than that presented by Gollehon.
¶104 Sattler’s arguments that imposition of the death penalty in this case would be disproportionate to the death penalties imposed in Turner and Gollehon generally are based on his version of the facts rather than the version accepted by the jury. He also argues differenees in the facts relating to the two offenses, such as that two persons were involved in the beating death of Pileggi, who was smaller than either of them. He does not explain, and we certainly cannot conceive, how the fact that Sattler — the “boss” of Cell Block A — acted alone in beating Martinson — a smaller, wimpy guy — to death renders the death penalty here disproportionate to those imposed in Turner and Gollehon.
¶106 Sattler also seems to argue that, absent the existence of both of the aggravating circumstances found in Turner and Gollehon, the death penalty is disproportionate here as a matter of law. He cites to no authority, however, in support of the proposition that disproportionality exists between death penalties when the number of aggravating circumstances in factually similar cases is not equal. Nor is that a matter within the scope of our proportionality review under
¶107 Finally, Sattler contends that, unlike Turner and Gollehon, he accepted responsibility for his acts and, as a result, the death penalty is disproportionate here. Without regard to whether a defendant’s acceptance of responsibility for the offense at issue is a proper consideration in our proportionality review, we reject Sattler’s premise. While it is true that Sattler admitted killing Martinson, he has continued to assert that he had a right to do so because he was defending himself. We do not equate continuing to assert a justifiable use of force defense — even after the jury has rejected it — with “accepting responsibility’ for a brutal deliberate homicide. Thus, we need not consider this contention further.
¶108 Having considered the offense and the defendant in the present case in proportion to the offenses and defendants in other Montana cases, we conclude that the death sentence imposed in this case is not excessive or disproportionate to the penalty imposed in similar cases.
¶109 7. Are the District Court’s findings regarding the existence of the aggravating circumstance set forth in
¶110 Our automatic review of death sentences includes, in addition to the “arbitrary factor” and proportionality issues discussed above, whether the evidence supports the sentencing court’s findings regarding aggravating and mitigating circumstances. See
¶111 The District Court made a number of underlying factual findings relating to its ultimate finding that the aggravating circumstance contained in
¶112 With regard to whether the evidence supports the District Court’s findings on the existence or nonexistence of the mitigating circumstances enumerated in
¶113 Sattler’s other evidence in mitigation was advanced under the “catchall” provision contained in
¶114 We conclude that the District Court’s findings regarding the existence of the aggravating circumstance set forth in
¶115 Affirmed.
Concurrence Opinion
specially concurring.
¶117 I concur with the result of the majority opinion. I would affirm the judgment of the District Court. I do not agree with all that is said therein, however, and in particular, disagree with parts of the majority’s rationale for affirming the District Court’s exclusion of the victim’s prior criminal offense.
¶118 The majority first sets forth
¶119 I would affirm the District Court’s exclusion of evidence regarding Martinson’s prior offense (whatever that offense was) on the basis that no adequate offer of proof was made to preserve the issue for appeal. Rule 103(a)(2), M.R.Evid., provides as follows:
(a)... Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and
(2)... In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.
¶120 In this case, we, as the reviewing court, do not know the substance of the evidence Sattler sought to introduce. During the cross-examination of the juvenile probation officer during which Sattler sought to introduce evidence of Martinson’s prior offense, his discussion with the District Court occurred in a manner that could not be heard by the jury and was not recorded. The only record we do have are comments made after the conclusion of evidence and during the settlement of jury instructions. At that time, the following discussion was had:
[MARTINSON’S ATTORNEY]: Your Honor, while we’re waiting, one other thing I think we need to put on the record would be the conversation we had in terms of when Mr. Warnecke was testifying, about my wanting to get in of Mr. Martinson being sent to Pine Hills for molestation because I believe that was a violent act. And the State objected and the Court indicatedthat it would not allow me to ask those questions.
THE COURT: With respect to the molestation charge, that’s correct.
[MARTINSON’S ATTORNEY]: Right.
THE COURT: The record will so reflect.
¶121 There is no offense in Montana known as “molestation,” and the specific acts by Martinson which Sattler sought to introduce were not identified. Therefore, I conclude that an adequate offer of proof was not made and that there is an insufficient record on which to conclude that relevant evidence pertaining to a characteristic of violence was excluded by the District Court.
¶ 122 For these reasons, I would affirm the judgment of the District Court, even though I do not agree with all that is said in the majority opinion.
Concurrence Opinion
specially concurring.
¶116 I concur with the result reached by the Court and I would affirm the judgment of the District Court. However, for the reasons set forth in my special concurrence in State v. Smith (1996),
Concurrence Opinion
specially concurs.
¶123 I concur in the result of the majority opinion and join Justice Terry N. Trieweiler and Justice W. William Leaphart in their concurring opinions.