McNeill v. State

919 So. 2d 77, 2005 WL 1384322
CourtCourt of Appeals of Mississippi
DecidedMay 24, 2005
Docket2003-KA-01579-COA
StatusPublished
Cited by2 cases

This text of 919 So. 2d 77 (McNeill v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McNeill v. State, 919 So. 2d 77, 2005 WL 1384322 (Mich. Ct. App. 2005).

Opinion

919 So.2d 77 (2005)

William Roger McNEILL a/k/a Kimeson Eugene Meyer aka Beep, Appellant
v.
STATE of Mississippi, Appellee.

No. 2003-KA-01579-COA.

Court of Appeals of Mississippi.

May 24, 2005.

*79 Todd N. Thriffiley, Gulfport, attorney for appellant.

OFfice of the Attorney General by Jeffrey A. Klingfuss, attorney for appellee.

Before BRIDGES, P.J., CHANDLER, and ISHEE, JJ.

ISHEE, J., for the Court.

¶ 1. The petitioner was convicted of murder and sentenced to a term of life imprisonment. His motion for a judgment notwithstanding the verdict or, in the alternative, a new trial was denied. Finding no error, we affirm.

STATEMENT OF FACTS

¶ 2. On July 5, 2000, Gwynette Spiers was found murdered in her home in Hancock County. She was discovered with her hands tied together, lying in a pool of blood caused by a laceration to her head. A police investigation ensued, and an autopsy later determined that the cause of death was strangulation. The coroner also determined that Spiers died at approximately 11:00 p.m. on July 4, 2000.

¶ 3. Based on interviews and recovered evidence, the police believed that an individual named William Roger McNeill, a.k.a. Beep, had been at the scene of the crime on the night of the murder. The police also learned that Spiers and McNeill had lived together off and on for a period of time prior to the murder. After interviewing Spiers's friends and family, it became apparent that she had been a narcotics user and dealer. Further investigation revealed that another individual, named Eric Jarvis, had also been at Spiers's home the night of the murder. The police interviewed *80 Jarvis, who admitted that he had been at Spiers's home and that he had seen someone in the house. At the time of his initial interview with the police, Jarvis was under indictment for a separate drug charge and he gave only a limited statement. Eleven months later, however, Jarvis again spoke with the police and this time he positively identified McNeill as the person he saw in Spiers's house the night she was murdered. Jarvis also gave the police details relating to the mechanics of his narcotics transactions: when Spiers needed narcotics for a sale, she would page Jarvis; Jarvis's code number was 07, Spiers's code number was 96, and McNeill's code number was 101. Jarvis showed the police a message he had received on his pager from Spiers's home phone at 10:02 p.m. the night of the murder. That message contained the code numbers 96 and 101 which indicated that Spiers needed narcotics from Jarvis to sell to McNeill that evening. Jarvis also told the police that he and his girlfriend, Catherine Johnson, had gone to Spiers's home on the night she was murdered in response to her pager message. Jarvis told the police that no one answered the door and that he found a note which stated that Spiers had gone to a friend's house. Jarvis told the police that while he was at Spiers's house, he saw McNeill inside the home, and that despite repeated requests by Jarvis, McNeill would not open the door.

¶ 4. Meanwhile, McNeill was being sought by the police in connection with the murder. He was seen at a friend's house several days after Spiers's body was discovered, and when police arrived to question him, he fled into a wooded area. McNeill was later apprehended through the use of a K-9 unit. When McNeill was arrested, the police discovered some female jewelry in his possession. Spiers's relatives later identified several items of jewelry as belonging to Spiers. The police requested and received a warrant to collect blood and hair samples from McNeill which were sent for DNA testing. DNA analysis of evidence recovered from the crime scene further implicated McNeill in the murder. Tissue from fingernail scrapings taken from Spiers's right hand revealed a match probability with McNeill of less than one in five trillion individuals; blood discovered on a pair of blue jeans at the crime scene revealed a match probability with McNeill of less than one in twenty-six million individuals; and blood discovered on the pantyhose used to bind Spiers's hands revealed a match probability with McNeill of less than one in seventy-three thousand individuals.

¶ 5. In May 2001, McNeill was indicted as a habitual offender[1] for the crime of murder, pursuant to Miss.Code Ann. § 97-3-19(1)(a) (Rev.2000). McNeill's trial was originally set for April 2002; however, it was eventually continued until February 2003. During that period, McNeill filed a number of motions, including three motions to request funds to secure expert assistance. The first two motions involved requests for funds to secure the assistance of an expert in DNA analysis. The third motion requested funds to secure the assistance of an expert in statistical genetics. The trial court granted McNeill's motions requesting an expert in DNA analysis, and McNeill secured the assistance of Ron Acton, Ph.D. However, the trial court denied McNeill's request for an expert in statistical genetics. In addition, McNeill filed a motion in limine to prohibit the State from offering testimony regarding probabilities *81 and/or statistics with regard to DNA evidence in the case. That motion was heard prior to voir dire and was subsequently denied. The trial proceeded and McNeill was convicted by a jury. He was later sentenced to a term of life imprisonment. McNeill filed a motion for a judgment notwithstanding the verdict or, in the alternative, a new trial. The trial court denied the motion.

¶ 6. Aggrieved, McNeill now appeals asserting the following: (1) whether the trial court erred in its rulings regarding expert witnesses and expert testimony; and (2) whether the trial court erred in denying McNeill's motion for a judgment notwithstanding the verdict or, in the alternative, a new trial because the verdict was against the overwhelming weight of the evidence.

ISSUES AND ANALYSIS

I. Whether the trial court erred in its rulings regarding expert witnesses and expert testimony.

¶ 7. McNeill asserts that the trial court erred in denying his motion in limine to prohibit or limit the testimony of the State's expert witness regarding statistics and probabilities relating to statistical genetics. McNeill also maintains that the trial court erred in denying his motion to secure funds for the assistance of an expert in the field of statistical genetics because McNeill had a substantial need for such an expert witness. See Hansen v. State, 592 So.2d 114 (Miss.1991). Specifically, McNeill contends that the trial court abused its discretion by allowing the State's expert witness to testify to conclusions in the form of probabilities and statistics based upon statistical genetics after denying McNeill's motion to secure funds to retain an expert in statistical genetics. McNeill maintains that the trial was fundamentally unfair because the use of an expert in the field of statistical genetics was necessary to rebut the conclusion offered by the State's expert witness. McNeill further argues that because the State did not produce all of the DNA evidence until ten days prior to trial, McNeill was severely prejudiced by his inability to adequately prepare for cross-examination, and he could not offer his own expert testimony regarding statistical genetics in rebuttal.

¶ 8. The State points out that McNeill was provided funds for an expert witness, and argues that it was not an abuse of discretion to allow evidence of DNA matching without requiring statistical analysis of the match.

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Cite This Page — Counsel Stack

Bluebook (online)
919 So. 2d 77, 2005 WL 1384322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcneill-v-state-missctapp-2005.