Gootee v. State

588 N.E.2d 584, 1992 WL 12936197, 1992 Ind. App. LEXIS 348
CourtIndiana Court of Appeals
DecidedMarch 25, 1992
DocketNo. 25A03-9106-CR-157
StatusPublished
Cited by1 cases

This text of 588 N.E.2d 584 (Gootee v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gootee v. State, 588 N.E.2d 584, 1992 WL 12936197, 1992 Ind. App. LEXIS 348 (Ind. Ct. App. 1992).

Opinion

GARRARD, Judge.

A jury found Gregory L. Gootee guilty of false reporting1, a Class D felony. The facts establish that on December 20, 1989 at approximately 1:24 a.m. a telephone call was received by Woodlawn Hospital in Rochester, Indiana. The unidentified caller stated, "Ma'am there is a bomb set in your building to go off at 2:80 just to teach all your nurses." Gootee was on duty that night in the hospital's emergency room area in his capacity as an Emergency Medical Technician (EMT). There are usually three EMT's on duty in the Emergency Room (ER) area. They generally locate themselves in a dispatch room near the ER when they are not otherwise attending to their patient care and ambulance responsibilities. Neither Gootee nor one of the other EMT's was in the dispatch room when the call came in. Gootee had gone to the cafeteria. Near the entrance to the cafeteria area is an elevator and on the same hall is a public phone. Near the elevator Gootee had a short conversation with a Ms. Crispen before she entered the elevator. Ms. Crispen could remember talking to an EMT, but could not say whether that person was Gootee. She did testify that her dreaming of the incident enhanced her belief that an EMT, not nee-essarily the one she spoke with, was on the phone. When Gootee returned to the dispatch room he was informed that there had been a caller who stated that a bomb had been placed in the building and that it was necessary to evacuate the building. Goo-tee assisted in the evacuation proceeding as instructed. The hospital's thirty-two patients were evacuated and a bomb dog was sent in; no bomb was found. The entire procedure took roughly an hour and a half and fortunately, all were returned to the hospital unharmed.

On February 16, 1990 the state filed an information for false reporting and attached a probable cause affidavit. The trial court found no probable cause existed for the issuance of an arrest warrant on February 20, 1990. Gootee voluntarily appeared for an initial hearing on the 26th of February and was released without bail.

On April 25, 1990 Gootee requested, by written motion, that documents concerning his prior conviction for arson in Marshall County not be allowed into evidence against him in the instant case2. After conducting a hearing and accepting briefs on the issue the trial court took the matter under advisement. On May 17, 1990 the trial court granted Gootee's motion. The issue, as the trial court defined it, was whether the state ought to be able to admit into evidence a transcript of Gootee's statements made prior to the arson conviction in which he explained the basis of his actions which led to that conviction. The trial court did not accept the state's arguments, noting that "intent, motive or purpose may in fact be reflected by the evidence, [but] it [was] obvious that the purpose of the offer3 is to show the parallel between the motive in the Marshall County case and the motive in the Fulton County case and to therefore establish the defendant's identity in the Fulton County case." Record at 52.

The state filed a motion for further argument on May 30, 1990. The trial court granted the motion and heard additional argument. On July 11, 1990 the trial court set aside its earlier ruling on Gootee's mo[586]*586tion in limine. In doing so the trial court found the "parallels reflected within the two circumstances ... so strong and the method so clearly unique that the probability of the same perpetrator being involved in the two circumstances more than outweighs any dangers of jury misuse of the information of prior misconduct." The trial court reasoned that uniqueness of the motive as part of the identity proof in the case was a supporting basis for the evidence's admissibility. Gootee's motion for additional argument was denied on November 28, 1990. Thereafter, trial was held and Gootee was convicted.

His appeal challenges the propriety of admitting the evidence concerning his prior arson convictions, the sufficiency of the evidence, and whether he was denied the effective assistance of counsel.

I. Was it error for the trial court to allow the state to admit evidence concerning Gootee's prior conviction for arson?

The state asserts that Gootee's statements made during the investigation that led to his prior conviction for arson were admissible as relevant to establish both identity and motive of the perpetrator of the phoned-in bomb threat that occurred on the night in question. Its argument fails to consider final Instruction No. 14 wherein the trial court instructed the jury that evidence concerning Gootee's prior conviction had "been received solely on the issue of [Gootee's] identification as the alleged perpetrator here" and that "this evidence [was] to be considered by [them] only for the limited purposes for which it was offered." Record at 1831.

In Penley v. State (1987) Ind., 506 N.E.2d 806, 808, the court stated that exceptions to the rule requiring the exclusion of evidence of other crimes must be applied with caution. Our decisions have recognized two branches of the so-called "common scheme or plan" exception. Id. at 809; Gibbs v. State (1989), Ind., 538 N.E.2d 937, 939. One branch allows admission of evidence of extrinsic offenses to prove intent, motive, purpose, or identity. The other branch permits the admission of evidence bearing upon extrinsic offenses as evidence of a preconceived plan that includes the charged crime.

Evidence of extrinsic offenses can be admitted under the "common scheme or plan" exception to prove intent, motive, purpose, or identity when it is demonstrated that the defendant committed the extrinsic offense with a similar modus operandi. The terms have been used in a fashion that has not always been helpful in differentiating the exceptions. We do, however, ree-ognize that there must be a greater degree of similarity between the extrinsic offense(s) and the charged offense when the evidence is introduced to prove identity. Before such evidence can be admitted upon the issue of identity it must be established that "the similarities between the two crimes are so strong and the method so unique that it is highly probable that the perpetrator of both is the same person." Penley, 506 N.E.2d at 809. What is required is a strong demonstration that the similarities constitute the accused's signature. Id. "The repeated commission of similar erimes is not enough to qualify for the exception['s] ..." use to establish identity. Id. When the evidence is offered on the issue of identity, modus operandi essentially means the accused's signature.

The heightened degree of similarity is required to assure the proper use of extrinsic offense evidence by the fact finder on the issue of identity. Proof of identity, in the context of this discussion, allows the fact finder to find that this defendant committed the charged crime because he committed the extrinsic crime. Without the safeguards provided by the requirement of demonstrating signature-type similarity, the dangers of misuse by the fact finder may be too great to permit confidence in the fact finder's result.

Having said all this we must address the state's contention that any error in the admission of the evidence has been waived because Gootee voiced no objection when the evidence was offered during the trial. Relying on Lockridge v. State (1975) 263 Ind. 678, 338 N.E.2d 275

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Catt v. Skeans
867 N.E.2d 582 (Indiana Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
588 N.E.2d 584, 1992 WL 12936197, 1992 Ind. App. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gootee-v-state-indctapp-1992.