Samuels v. State

11 So. 3d 413, 2009 Fla. App. LEXIS 4468, 2009 WL 1311013
District Court of Appeal of Florida·Decided May 13, 2009·No. 4D07-359, 4D08-1·Published·Cited by 8 cases

Opinion

CIKLIN, J.

Ronald Samuels appeals multiple convictions arising from the attempted murder of his ex-wife and her husband, challenging the trial court’s refusal to excuse a potential juror for cause, the admissibility of certain evidence, and that portion of the court’s restitution order concerning medical insurance. We affirm.

In October 1997, Samuels plotted to have his ex-wife, Heather Grossman, and her husband, John Grossman, killed after *415 Samuels lost custody of his children following an exceedingly lengthy and highly contentious dispute. Samuels owed $51,672.82 in child support arrearages and the family court judge had ordered him to pay $18,528.98 by October 14, 1997. Samuels had a $1 million life insurance policy on Heather Grossman, at the time he planned her death.

Samuels solicited the assistance of other individuals and met with them to discuss an assassination scheme. He told them he wanted his former spouse “whacked” and “taken care of’ and offered them money. He had them case the Grossmans’ workplace and home in preparation for the murder for hire.

On the morning of October 14,1997, two of Samuels’ accomplices drove to the Grossmans’ workplace and followed the Grossmans when they left for lunch. At a traffic light, one of the hit men fired two high-powered rifle shots into the Gross-mans’ vehicle, striking both of them. As a result of the shooting, Heather Grossman was rendered a quadriplegic because of a bullet that tore through her neck and partially severed her spine. Meanwhile, Sam-uels attempted to establish his alibi by picking up one of his accomplices and spending the day with him.

The state charged Samuels by indictment with two counts of attempted first-degree murder with a firearm, one count of shooting into an occupied vehicle, four counts of solicitation to commit first-degree murder, one count of conspiracy to commit first-degree murder, and one count of committing a felony causing bodily injury.

During jury selection (in 2006 — nine years after the shooting), a potential juror, Ms. Anderson, stated that she had heard people talk about the case where she was employed as a hairdresser, saw it on the news, and read about it on the internet. She did not remember very much about the incident and could not remember anything about the case other than what the trial judge had read to the venire during the jury selection process. When the court asked if she would be able to set aside everything that she might know about the case and decide it only on the evidence presented during the trial, she responded, “I would do my best, yes.” When asked if she had formed an opinion, she responded that she had not formed a “complete” opinion. When the court pressed her as to any opinion she might have, Ms. Anderson stated that if the defendant did the crime, he should face punitive consequences. The court then asked whether she had come to a partial decision, and she said, “I don’t think so.” She confirmed that she could decide the case based only on the evidence presented at trial, her evaluation of that evidence, the credibility of the witnesses, and whether the state proved its case.

The state then questioned Ms. Anderson and elicited statements that she heard about the incident right after it happened in 1997 and had not seen or heard anything since then. Ms. Anderson stated she had not formed an opinion on the defendant’s guilt or innocence. She repeated that if he did the crime, he needed to pay for it. When asked whether she could follow the law and hold the state to its burden to prove the case by what she saw and heard in the courtroom, she answered in the affirmative.

Upon further questioning by the defense counsel, Ms. Anderson again stated that she had not formed an opinion with regard to Samuels. She reiterated that if he did the crime, he should be punished. Samu-els sought to strike Ms. Anderson, asserting that she equivocated in her answers to questions about partiality and asserted that she had already reached a partial *416 decision about the case. The court denied the challenge for cause.

During its case in chief, the state presented vast testimony from the three individuals who schemed with Samuels to kill the Grossmans. In detail, each accomplice described how Samuels masterminded the hit.

Over defense objection, the trial court admitted into evidence certain documents found at Samuels’ home during a police search. These items included forged identification documents in the name of Thomas Jordan such as tax returns, checkbooks, credit reports, a passport, and a death certificate. The court permitted the introduction of this evidence because, the court found, it corroborated testimony of an accomplice who saw some of the documentation in Samuels’ possession when the two discussed fleeing to Venezuela.

Over further defense objection, the court admitted documents showing that Samuels had hidden assets in various offshore accounts in the Cayman Islands and elsewhere, under the name of other persons. The trial court also overrode defense objections and permitted the introduction of documents and testimony which exposed the explosively combative litigation regarding child custody and support between Samuels and Heather Grossman and Sam-uels’ deceit during that litigation. The court reasoned that this evidence was admissible because it was inextricably intertwined with the state’s theory as to motive.

Samuels testified in his defense that he and Heather Grossman divorced in 1994. He admitted he sold his car dealership in 1995 for over $3 million and put the money in the Cayman Islands to conceal it from the divorce judge and to put it beyond the reach of his former wife. He admitted that he refused to pay child support despite having the financial ability to do so. Samuels denied any involvement in the crimes but admitted that on the day of the shooting, he called his lawyer to file an emergency motion for custody. He denied meeting with his alleged accomplices and denied giving them money to kill his former wife.

The jury convicted Samuels of attempted-first degree murder with a firearm of Heather Grossman (count 1); attempted second-degree murder with a firearm of John Grossman, a lesser included offense (count 2); shooting into an occupied vehicle (count 3); three counts of solicitation to commit first-degree murder (counts 5-7); conspiracy to commit first-degree murder (count 8); and committing a felony causing bodily injury (count 9). Samuels was acquitted of one solicitation charge (count 4).

The court sentenced Samuels to life in prison for count 1, thirty years for count 2 to be served consecutively to count 1, fifteen years for count 3, thirty years for counts 5, 6, and 7 to be served consecutively to count 2, and thirty years for count 8. The trial court ordered Samuels to pay restitution, including $32,927 for medical insurance premiums from October 2004 through December 2007. Samuels appeals.

Denial of Juror Challenge

An appellate court reviews a ruling on a cause challenge for abuse of discretion. Singleton v. State, 783 So.2d 970, 973 (Fla.2001); Carratelli v. State, 832 So.2d 850, 854 (Fla. 4th DCA 2002). “A juror should be excused for cause if there is any reasonable doubt about the juror’s ability to render an impartial verdict.” Carratelli,

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Samuels v. State, 11 So. 3d 413, 2009 Fla. App. LEXIS 4468, 2009 WL 1311013 (Fla. Ct. App. 2009).

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