Pickren v. State

500 S.E.2d 566, 269 Ga. 453
CourtSupreme Court of Georgia
DecidedMay 18, 1998
DocketS98A0328
StatusPublished
Cited by39 cases

This text of 500 S.E.2d 566 (Pickren v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pickren v. State, 500 S.E.2d 566, 269 Ga. 453 (Ga. 1998).

Opinions

Carley, Justice.

The State is seeking imposition of the death penalty against Tommy Lamar Pickren for the murder of Deputy Sheriff Brett Dickey. We granted Pickren’s application for interim appeal pursuant to OCGA § 17-10-35.1, in order to address the trial court’s approval of the admission of victim impact statements and the State’s use of a videotaped reenactment of the crime.

1. Although Pickren contends that the victim impact statements are voluminous, the transcript shows that both the State and the trial court made extensive deletions from the statements of the eight victim impact witnesses. The edited statements contain about eleven double-spaced, typed pages of actual text, excluding blank spaces. In previous cases, we did not and could not establish any rigid limitations on the volume of victim impact statements. Simpkins v. State, 268 Ga. 219, 223 (3) (486 SE2d 833) (1997); Turner v. State, 268 Ga. 213, 215 (2) (b) (486 SE2d 839) (1997). We find no abuse of discretion with respect to the volume of the victim impact statements in this case.

Pickren farther asserts that the victim impact statements are highly emotional. The General Assembly has authorized the admission, in capital cases, of evidence of “the emotional impact of the crime on the victim, the victim’s family, or the community,” if presented “in such a manner and to such a degree as not to inflame or unduly prejudice the jury.” OCGA § 17-10-1.2 (a) (1). “ ‘[W]e presume that trial courts will follow the dictates of the statute in not admitting inflammatory or unduly prejudicial evidence[.] . . .’ [Cit.]” Jones v. State, 267 Ga. 592, 595 (2) (b) (481 SE2d 821) (1997). It is because of this safeguard that the statute is constitutional. Livingston v. State, 264 Ga. 402, 405 (1) (c) (444 SE2d 748) (1994). See also Payne v. Tennessee, 501 U. S. 808 (111 SC 2597, 115 LE2d 720) (1991). Pickren specifically complains about the statement of Deputy Dickey’s widow, which summarizes the emotional impact of his death on her, her mother-in-law, her father, her child, and the community. [454]*454Although this statement, like the statement approved in Payne v. Tennessee, supra, is poignant in places, it neither encourages "the jury to impose the death penalty based on the victim’s class or wealth,” nor crosses “the line to a highly emotional and inflammatory appeal to the jury’s passions and prejudices.” Simpkins v. State, supra at 223 (3). See also Jones v. State, supra at 595 (2) (a). The State has a legitimate interest in reminding the jury that “ ‘the victim is an individual whose death represents a unique loss to society and in particular to his family.’ [Cit.]” Payne v. Tennessee, supra at 825. The trial court’s expressed purpose in editing the statements was to comply with Turner v. State, supra, which approved a focus “on the witnesses’ relationship with the victim and how the victim’s death had affected the witness personally,” but not “on the victim’s social status” or “a ‘detailed narration of. . . emotional and economic sufferings of the victim’s family.’ ” Turner v. State, supra at 215 (2) (b). The trial court did not abuse its discretion in editing the statements so as to accomplish that purpose. In fact, it appears that the trial court’s deletions satisfied many of Pickren’s objections below.

Pickren also urges that the victim impact statements contain many religious references. If victim impact evidence is not unduly inflammatory or prejudicial, it is admissible to show that the victim was a unique individual and to provide a “glimpse into the life” of the victim, by describing “the victim’s ‘personal life, family life, employment, recreation, church, et cetera.’ ” Simpkins v. State, supra at 223 (3). See also Jones v. State, supra at 595 (2) (a). “This Court has held that the death penalty may not be imposed due to passion engendered by religious principles and beliefs.” Turner v. State, supra at 215 (2) (b). See also Livingston v. State, supra at 404 (1) (b). However, religious references are not forbidden and, in Turner v. State, supra at 215 (2) (b), we approved references to the victim’s “new found faith and spirituality” and status as a “dedicated member of his church family.” Even if there are more religious references here than in Turner, those references do not comprise an unduly large portion of the statements. As Turner did not establish a limit on the number of pages of victim impact statements, neither did it establish the outer limits for religious references. For example, in the case of a minister, a substantial part of the impact of his death would necessarily include his work as a clergyman. Indeed, when Payne v. Tennessee, supra, upheld the admission of victim impact statements, one of the cases overruled was South Carolina v. Gathers, 490 U. S. 805 (109 SC 2207, 104 LE2d 876) (1989), wherein the victim was a minister of sorts and there were extensive religious references. While Deputy Dickey was not an ordained minister, neither was he an ordinary layman. He was both a music leader and a youth leader whose faith and church activities are an essential part of a “glimpse into his life.” See [455]*455Simpkins v. State, supra at 223 (3). The impact of Deputy Dickey’s death on his church is an essential part of the impact of his death on the community in which he lived. Thus, we find that the trial court did not abuse its broad discretion with regard to allowing the references to religion in the victim impact statements.

2. The trial court approved the State’s use of a videotaped reenactment of the crime as “demonstrative evidence” in the opening statement or at the beginning of trial, but specifically prohibited the tape from being considered as “evidence” or being made available to the jury during deliberations. “Demonstrative” evidence is actually received into evidence and does go out with the jury when it retires for deliberation. Agnor’s Ga. Evid., § 15-1, p. 452 (3d ed.); Green, Ga. Law of Evid., § 87.1, p. 177 (4th ed.). On the other hand, certain materials may be used as tools to illustrate testimony without being admitted as demonstrative evidence, but not where the illustrative material contains erroneous or prejudicial matter unauthenticated by the testimony which it purports to illustrate. Agnor, supra at p. 451; Long v. Serritt, 102 Ga. App. 550, 551 (1) (117 SE2d 216) (1960). Thus, if a videotape is admissible “demonstrative” evidence, it should go out with the jury, but, if a videotape is a mere tool to illustrate testimony, it is not demonstrative “evidence.”

In either case, however, “posed movies which are substantially different from the facts of a case, and which because of the differences might be prejudicial and misleading to a jury, should not be used at trial. [Cit.]” Gates v. State, 244 Ga. 587, 591 (1) (261 SE2d 349) (1979). Although the use of a reenactment is a matter for the trial court’s discretion, the party seeking to use it must show that it is a fair and accurate representation of the events sought to be depicted. See Cornell v. State, 265 Ga. 904, 905 (2) (463 SE2d 702) (1995).

[Where] videotapes ...

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Bluebook (online)
500 S.E.2d 566, 269 Ga. 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pickren-v-state-ga-1998.