Bowles v. State

716 So. 2d 769, 1998 WL 540006
CourtSupreme Court of Florida
DecidedAugust 27, 1998
Docket89261
StatusPublished
Cited by13 cases

This text of 716 So. 2d 769 (Bowles v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowles v. State, 716 So. 2d 769, 1998 WL 540006 (Fla. 1998).

Opinion

716 So.2d 769 (1998)

Gary BOWLES, Appellant,
v.
STATE of Florida, Appellee.

No. 89261.

Supreme Court of Florida.

August 27, 1998.

*770 Nancy A. Daniels, Public Defender, and David A. Davis, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Richard B. Martell, Chief, Capital Appeals, Tallahassee, for Appellee.

PER CURIAM.

Appellant Gary Bowles appeals his death sentence. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We review and affirm appellant's first-degree murder conviction. We reverse appellant's death sentence and remand for a new sentencing proceeding because the trial court erred in allowing the State to introduce evidence of appellant's alleged hatred of homosexual men. We conclude that such error was not harmless because it was a feature of the penalty phase, thereby casting doubt on the reliability of the sentencing proceeding.

The record reflects the following facts. Appellant met Walter Hinton, the victim in this case, at Jacksonville Beach in late October or early November 1994. Appellant agreed to help Hinton move some personal items from Georgia to Hinton's mobile home in Jacksonville. In return, Hinton allowed appellant to live with him at his mobile home.

On November 22, 1994, police arrested appellant for the murder of Walter Hinton. During subsequent interrogation, appellant gave both oral and written confessions regarding Hinton's murder. Appellant stated that upon returning home from going with Hinton to take a friend to the train station, Hinton went to sleep and appellant kept drinking. Appellant, Hinton, and the friend had drunk beer and smoked marijuana earlier. At some point in the evening, appellant stated that something inside "snapped." He went outside and picked up a concrete block, brought it inside the mobile home, and set it on a table. After thinking for a few minutes, appellant picked up the block, went into Hinton's room, and dropped the brick on Hinton's head. The force of the blow caused a facial fracture that extended from Hinton's right cheek to his jaw. Hinton, now conscious, fell from the bed and appellant began to manually strangle him. Appellant then stuffed toilet paper into Hinton's throat and placed a rag into his mouth. The medical examiner testified that the cause of death was asphyxia.[1]

The grand jury indicted appellant on charges of first-degree murder and robbery. Appellant pled guilty to premeditated first-degree murder. Following a penalty-phase proceeding, the jury recommended death by a vote of ten to two. The trial court followed the jury's recommendation and sentenced appellant to death for the first-degree murder of Walter Hinton. Appellant raises ten issues on appeal.[2] Because we remand this *771 case for a new sentencing proceeding, we address only one issue.

We find appellant's contention that irrelevant evidence became the focus of the sentencing proceeding dispositive in this case. Appellant claims that much of the State's case improperly focused upon appellant's alleged hatred of homosexuals because the State failed to establish any connection between appellant's alleged hatred and Hinton's murder. Specifically, appellant challenges the State's evidence concerning Hinton's homosexuality, appellant's relationship with homosexual men, and appellant's alleged hatred of homosexual men. Appellant contends that the evidence and argument based on this evidence was irrelevant and that the trial court's error in allowing such evidence and argument rendered the sentencing proceeding unreliable.

The record supports appellant's assertion that the State's primary theory of this case was that appellant killed Hinton because Hinton was a homosexual and appellant hated homosexuals. In its opening statement, the State explained this theory to the jury as follows:

Mr. Hinton was a homosexual. And [appellant] didn't like homosexuals. In fact, [appellant] had two former girlfriends who left him because of [his] lifestyle.

Defense counsel immediately objected and moved for a mistrial, arguing that the State had discussed inadmissible evidence. Defense counsel specifically questioned the relevancy of such evidence. The State responded that the evidence would be relevant for the purpose of establishing motive and the cold, calculated, and premeditated (CCP) aggravating circumstance. The trial judge overruled the objection and denied appellant's motion for a mistrial. The State continued:

As I stated, let me digress a minute and explain to you what the State believes were the reasons why [appellant] killed Mr. Hinton.
Number one, that the victim in this case is a homosexual. That is, that he didn't like them, that is, [appellant] didn't like them. As I stated, two former girlfriends of the [appellant] had left him because of his interaction with men. That they didn't approve of what he was doing. In fact, one of these women had an abortion, per [appellant's] statement, and [appellant] blamed gays for that.

During its case-in-chief, the State offered the following evidence. First, the State called Detective Collins. Defense counsel was aware from Collins' pretrial deposition that the State intended to use him to establish the "homosexual motive." Therefore, before the presentation of any testimony, defense counsel objected and sought to preclude any statements regarding this motive on the ground, among others, that such statements were irrelevant. During a sidebar conference on appellant's objection, the following colloquy took place between the trial court and the prosecutor:

THE COURT: Well, there has to be some restriction in light of the fact that he has pled guilty. You are allowed to present the evidence of the murder as it relates to the aggravating factors. And I have given you some latitude. But I would agree with [defense counsel] if it goes solely as to the motive, I don't know that I would let it in. But if it goes to aggravators... I would. But, quite frankly, I don't understand the argument.
[Prosecutor]: Well, if somebody hates homosexuals, and he kills homosexuals, and, in fact, later on he explains the reason why he killed them is ... and he relates it —
*772 THE COURT: Wait a minute.
If he explains to this officer that he killed Mr. Hinton because he hates homosexuals, then it would be admitted if that is what you are going to present.
But if you are going to present a casual conversation that he hates homosexuals, and you are not going to tie it in with any evidence as to that's why he killed Mr. Hinton,—well, you are going to say because Mr. Hinton was a homosexual and because in this conversation he said he didn't like homosexuals, therefore, he killed Mr. Hinton?
[Prosecutor]: I believe I can tie it in, Judge, in this case.
THE COURT: All right.

Based on the State's representation that it would "tie it in," the trial judge allowed Collins to testify about what appellant had told him regarding appellant's ex-girlfriend, who had an abortion in 1985. Appellant was the putative father.

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Cite This Page — Counsel Stack

Bluebook (online)
716 So. 2d 769, 1998 WL 540006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowles-v-state-fla-1998.