Murray v. State

692 So. 2d 157, 1997 WL 182651
CourtSupreme Court of Florida
DecidedApril 17, 1997
Docket83556
StatusPublished
Cited by84 cases

This text of 692 So. 2d 157 (Murray 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
Murray v. State, 692 So. 2d 157, 1997 WL 182651 (Fla. 1997).

Opinion

692 So.2d 157 (1997)

Gerald D. MURRAY, Appellant,
v.
STATE of Florida, Appellee.

No. 83556.

Supreme Court of Florida.

April 17, 1997.

*158 Fletcher N. Baldwin, University of Florida, College of Law, Gainesville; and Wm. J. Sheppard, Richard W. Smith and D. Gray Thomas of Sheppard and White, P.A., Jacksonville, for Appellant.

Robert A. Butterworth, Attorney General and Sara D. Baggett, Assistant Attorney General, West Palm Beach, for Appellee.

PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Gerald Delane Murray. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. Because we find that the trial court erred in admitting DNA evidence at trial, we reverse Murray's convictions and sentence and remand for a new trial.

FACTS

Murray was convicted of first-degree murder, burglary with an assault, and sexual battery in 1994. The facts surrounding this murder are essentially set forth in Taylor v. State, 630 So.2d 1038 (Fla.1993), a case involving the direct appeal of Murray's co-defendant.

APPEAL

Murray raises twenty-three claims of error on appeal.[1] We find claim 3, concerning the *159 admissibility of the DNA typing results, to be dispositive of this case. For purposes of remand, we also address claim 2, concerning the trial court's denial of Murray's motion to suppress hair evidence. Murray's remaining claims of error are rendered moot by our decision here.

DENIAL OF MURRAY'S MOTION TO SUPPRESS

For purposes of remand, we address Murray's claim that the trial court, following a hearing on the matter, erred in denying defendant's motion to suppress hair evidence and allowing the state to introduce this evidence against Murray at trial because the hair samples were taken from Murray in violation of his Fourth Amendment right against unreasonable searches and seizures. Specifically, Murray argues that (1) the state did not have probable cause to support the search warrant which authorized the taking of Murray's hair samples because the supporting affidavit did not mention the need for hair, and, alternatively, (2) Murray never consented to the seizure, but merely submitted to the apparent lawful authority of the police officers.

A trial court's ruling on a motion to suppress comes to us clothed with a presumption of correctness and, as the reviewing court, we must interpret the evidence and reasonable inferences and deductions derived therefrom in a manner most favorable to sustaining the trial court's ruling. McNamara v. State, 357 So.2d 410, 412 (Fla.1978). In this case, Detective O'Steen testified at the suppression hearing that on February 15, 1991, Murray was read his Miranda rights and immediately waived them before the police requested his consent to seize physical evidence. Thereafter, Detective O'Steen asked Murray for his consent to give blood, saliva and hair samples, and Murray told him to go ahead, saying, "You won't find nothing." Detective O'Steen further testified that Murray never withdrew his consent. At the bottom of Murray's motion to suppress physical evidence, the trial court wrote, "2-17-94. Denied for reasons recited on record," and signed it, "Alban E. Brooke."[2]

Interpreting the evidence and inferences derived therefrom in a manner most favorable to upholding the trial court's ruling, we find the trial court reasonably could have *160 denied Murray's motion to suppress because it found Detective O'Steen's testimony at the suppression hearing that Murray voluntarily consented to give a hair sample to be more credible than Murray's testimony to the contrary.[3] Accordingly, we conclude that the trial court did not abuse its discretion in denying Murray's motion to suppress hair evidence.

DNA EVIDENCE

At trial, the State offered DNA evidence which was premised on the evaluation by an expert witness that Murray's DNA matched one of the five hairs recovered from the crime scene.[4] This evidence was particularly important to the State's case in light of the fact that Murray was eliminated as the donor of all the other seminal and blood stains found at the crime scene.

In his motion in limine to exclude scientific DNA evidence, Murray claimed that Polymerase Chain Reaction (PCR) DNA testing, the method of testing employed by the State in this case, was not generally accepted in the scientific community and therefore did not meet the Frye test for admissibility at trial. In addition, Murray maintained that the probability calculations used by the State's expert to report the frequency of a match between Murray's DNA and the evidence sample recovered from the crime scene also failed to meet the Frye test for admissibility. At the pre-trial suppression hearing on the motion, Murray renewed his two pronged objection and the State called its expert witness, Mr. Daniel Nippes, to testify about the PCR method of DNA typing as well as the population frequency statistics that he used to calculate the probability of a match between the two DNA samples.

As to the PCR methodology, Nippes performed the PCR method of testing the DNA samples in this case with a commercial kit purchased from Cetus Corporation in California and summarily explained that there is "a tremendous amount of built-in constraints to ensure that [the scientists] don't incur contamination that exists more than normally in samples that are recovered from scenes," and vouched that PCR analysis of DNA is generally accepted in the scientific community.[5] As to the admissibility of his population frequency statistics, Nippes testified that his probability calculations were based on the Hellmith Study Manual, which was published by Cetus Corporation in 1989 or 1990; and were not founded upon any database generated by his own laboratory. Nippes could not testify as to how the Hellmith database had been created. In fact, Nippes affirmatively admitted — both at the suppression hearing and at trial — that he had absolutely no knowledge of how the database he used in drawing his probability conclusions was assembled.

At the conclusion of Nippes' testimony, the trial court denied Murray's motion to suppress the DNA evidence, concluding:

I think all of this, from the three documents, from this [1992 NRC report] ... [a]nd from the testimony of Mr. Nippes, I'll deny your motion in limine. It appears to me that this is one of the clearer matters of not being an admissibility question *161 but a weight [question]. You're certainly going to argue extensively the weight that the jury can give to whatever weight and conclusions he draws based upon the database, I presume through other matters, such as the question about whether or not the database of Caucasian is somehow corrupted by not knowing whether they're from a particular area or from a general group. There are a number of things, but every one of those goes to weight, not admissibility.

(Emphasis added). At trial, Nippes was qualified as an expert witness and testified as to his conclusions concerning PCR testing of Murray's DNA and the crime scene sample. Most importantly, Nippes explained to the jury that Murray's DNA sample matched the DNA sample recovered from the crime scene, and "91.8 percent of the population would be anticipated to have different DNA types."

We have addressed the admissibility of DNA evidence at trial on several occasions in recent years as this area of forensic science has rapidly developed. In Hayes v.

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Bluebook (online)
692 So. 2d 157, 1997 WL 182651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-state-fla-1997.