Bernhardt v. State

684 N.W.2d 465, 2004 Minn. LEXIS 480, 2004 WL 1748977
CourtSupreme Court of Minnesota
DecidedAugust 5, 2004
DocketC8-02-742, A03-1458
StatusPublished
Cited by277 cases

This text of 684 N.W.2d 465 (Bernhardt v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bernhardt v. State, 684 N.W.2d 465, 2004 Minn. LEXIS 480, 2004 WL 1748977 (Mich. 2004).

Opinions

OPINION

BLATZ, Chief Justice.

From July 18 until July 20, 1999, the victim Randy Pool was held against his will and repeatedly beaten. On the evening of July 20 he was murdered. Although appellant Salem Mathew Bernhardt was in-earcerated in connection with a misdemeanor probation violation at all times throughout the kidnapping, beating, and murder of Pool, appellant was charged with aiding and abetting the crimes because of suspicion that he ordered the crimes from jail. An indictment was filed on December 4, 2000, charging appellant with five counts in the death of Pool: (1) first-degree premeditated murder in violation of Minn.Stat. § 609.185(1) (2000) (Count I); (2) first-degree felony murder (intentional murder while committing a kidnapping) in violation of Minn.Stat. § 609.185(3) (2000) (Count II); (3) second-degree intentional murder in violation of Minn.Stat. § 609.19, subd. 1 (2000) (Count III); (4) kidnapping in violation of Minn. Stat. § 609.25, subd. 1(3) (2000) (Count IV); and (5) third-degree assault in violation of Minn.Stat. § 609.223, subd. 1 (2000) (Count V). Following a change of venue, the jury convicted appellant on all five counts. He was sentenced to life imprisonment without the possibility of parole on Count II, intentional murder while committing a kidnapping.

The following events preceded and constituted the murder of Pool and were presented to the jury at trial. In May or June of 1999, appellant and his then-pregnant fiancée, Heather Ecklund,1 moved into the upstairs of Pool’s house at 560 Brown Street in Hutchinson, Minnesota. Appellant and Pool sold drugs, mainly methamphetamine, from this residence, and according to appellant, each had their own set of customers whom they dealt with individually.

At the beginning of July 1999, appellant and Ecklund were preparing to move out of the Pool residence. In the days imme[468]*468diately following July 4, appellant and Ecklund traveled to Omaha, Nebraska, to visit an acquaintance of appellant, Jason Caldwell. Appellant had met Caldwell at a graduation party one or two months prior to the trip, and Caldwell was interested in starting a drug business in Omaha similar to appellant’s. Appellant made arrangements for another acquaintance, Shawn McCollum, who appellant had met through Caldwell at the same graduation party, to stay at the Pool residence and handle his drug business while he was out of town.2

On approximately July 13, appellant and Caldwell left Nebraska and.returned to Hutchinson so that appellant could introduce Caldwell to his drug supplier. Eck-lund and Tanya Caldwell, Caldwell’s wife, stayed in Nebraska. When appellant and Caldwell arrived in Minnesota, they stayed at the Pool residence; McCollum remained there as well.

The next day, July 14, appellant and Caldwell went to the home of Lance Matt-son, another acquaintance of appellant, and attempted to purchase a handgun. Matt-son did not sell appellant the weapon. When appellant and Caldwell left, Mattson telephoned the Hutchinson Police Department and reported that appellant and Caldwell had just been at his home in hopes of purchasing a handgun, and that they were staying at the Pool residence. At that time, both appellant and Caldwell had outstanding warrants for their arrests. Appellant’s warrant was in connection with a misdemeanor probation violation for failure to comply with a disorderly conduct sentence, and Caldwell’s warrant was in connection with a felony fifth-degree controlled substance probation violation.

Police officers were dispatched to Pool’s residence to arrest Caldwell and appellant in connection with the outstanding warrants. When they arrived at Pool’s house, they encountered Pool and asked him to bring Caldwell out of the house, which he did. Just prior to Caldwell’s arrest, officers witnessed Caldwell handing Pool a roll of money. Caldwell also asked Pool to go into the house and retrieve a pair of Caldwell’s black pants because Caldwell was only wearing shorts.

Üpon arresting Caldwell, Officer Gregory Nadeau searched Caldwell and found a baggy containing a substance that was later identified as methamphetamine in the pocket of the shorts he had been wearing before retrieval of the black pants. Officer Nadeau seized the methamphetamine and transported Caldwell to jail. While Officer Nadeau was booking Caldwell, he asked Caldwell how much money he had given Pool, and Caldwell replied that it was approximately $2,200.

Officer Trevor Johnson remained on the scene after the arrest of Caldwell because he suspected that the money given to Pool should be seized, as it was most likely related to the sale of methamphetamine. After speaking with Sergeant Jeff Jones about the legality of seizing the money, Officer Johnson asked Pool to retrieve the money. Pool went into his house and came back with approximately $100, a significantly smaller amount of money than estimated by Caldwell. Upon questioning, Pool admitted that he kept some of the money so that he could “bail out” Caldwell. After further questioning by police, Pool seemed nervous, and finally admitted that appellant was in the residence as well.

[469]*469Officer Johnson requested Pool’s consent to search Pool’s house. Upon obtaining Pool’s consent, Officer Johnson found appellant in the back corner of the upstairs room near a closet area and arrested him. A subsequent search of the residence revealed a small amount of methamphetamine, other drug paraphernalia, and $2,598, which were seized.

On the night of the arrests, Pool did not spend the night at his home. Instead, he went to stay at Paula Colemer’s residence, an acquaintance with whom he was not romantically involved and whose residence he had not stayed at previously. According to Colemer, Pool had told her that he did not want to stay at home that night because he was “scared for his life,” and because he was afraid of McCollum and appellant. Pool also told Colemer that the next day he was going to change the locks on his home, change his telephone number, and have McCollum removed from his home.

The next day, July 15, Pool changed his phone number. According to the telephone company’s service order, Pool changed it because he had an “ex-roommate that could charge calls to old [telephone number].”3 The record also reflects that Pool purchased new door locks, but it is unclear whether or not they had been installed.

Ecklund and Tanya Caldwell traveled to Hutchinson from Nebraska on July 18 and immediately went to visit appellant and Caldwell in jail. Following the visit, they went to Pool’s house. Ecklund and Tanya Caldwell began questioning both McCol-lum and Pool in the upstairs of the residence in an attempt to determine who had “narced” on appellant and Caldwell. Several individuals were present during the questioning, including Christopher Olson and Rick Ligenza. Their attention shifted fully to the questioning of Pool, which included questioning about missing money and drugs. Pool repeatedly denied “narc-ing” on appellant and Caldwell, and the arguing escalated to physical violence against Pool, with most of the hitting and kicking being done by Ecklund and Ligen-za. At one point, Pool attempted to escape down the stairs, but McCollum “body-slammed” him, brought him back upstairs, and confined him by duct-taping his wrists, upper body, and ankles. Tanya Caldwell threatened Pool with a taser, which is a high-voltage stun gun.

After this incident on July 18 and until July 20, Pool was bound with duct tape and repeatedly beaten.

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Cite This Page — Counsel Stack

Bluebook (online)
684 N.W.2d 465, 2004 Minn. LEXIS 480, 2004 WL 1748977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernhardt-v-state-minn-2004.