State v. Alexander

194 So. 3d 33, 2016 WL 1446105, 2016 La. App. LEXIS 689
CourtLouisiana Court of Appeal
DecidedApril 13, 2016
DocketNo. 50,486-KA
StatusPublished

This text of 194 So. 3d 33 (State v. Alexander) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Alexander, 194 So. 3d 33, 2016 WL 1446105, 2016 La. App. LEXIS 689 (La. Ct. App. 2016).

Opinion

MOORE, J.

11 Louis Alexander appeals his conviction of second degree murder and mandatory life sentence for the brutal slaying of a homeless woman. He urges that the trial court erred in denying his motion to suppress his incriminating statement to police, and that the evidence was insufficient to support the conviction. Finding no merit in these claims, we affirm the conviction and sentence.

The Offense and Initial Investigation

On April 4, 2013, the severely battered body of Deneen Harris was discovered in an alley behind a Monroe hardware store on DeSiard Street. The store owner said that Harris, age 48, had been living in an alcove in the alley for about three months, and he had last seen her two days before her body was discovered. DNA testing of a hair root obtained from the pubic area of the victim’s body identified Louis Alexander as a suspect. To verify this, investigators obtained a search warrant for a reference DNA swab from Alexander and brought him in for questioning.

Alexander gave police a recorded statement in which he eventually admitted that he had sex with Harris the day of her murder. He also admitted that when Harris became combative, he struck her several times in the head with a hard object, again unsuccessfully attempted to have sex with her as she was lying mortally injured on her stomach, and left her bleeding body in the alcove covered with a blanket. DNA testing of Alexander’s reference swab confirmed his DNA on the evidence.

The grand jury indicted Alexander on charges of second degree murder, La. R.S. 14:30.1, and aggravated rape, La. R.S. [35]*3514:42. The state ^dismissed the aggravated rape charge prior to trial.

Alexander filed a motion to suppress his recorded statement on grounds that it was not freely and voluntarily given because it' was made in a two-hour interrogation initiated for investigation of the ‘unrelated charge of second degree battery.

Hearing on the Motion to Suppress

At the hearing on the motion to suppress, the court heard testimony from Monroe Police Department (“MPD”) Det. Mike Fendall about his May 1, 2013, interview with Alexander. Det. Fendall stated that he learned from' the State Police Crime Lab that DNA evidence, including a pubic hair with root taken from the victim’s body, revealed two DNA profiles. A blood sample confirmed one profile was the victim’s; the second, after being run through CODIS, matched Louis Alexander. The lab requested that a buccal swab be obtained from Alexander so the preliminary match could be confirmed. Det. Fen-dall obtained a search warrant to take a DNA swab from Alexander.

Detective Fendall located Alexander at the DeSiard Street Shelter (“the Shelter”), located down the street from the crime scene. Alexander told the officers that he was 42 years old, had completed high school and taken some business' college classes. He also said he was divorced, had four older children who lived in Las Vegas, and he lived at the Shelter. He was given a rights form stating that'he was under arrest for second degree battery. Det. Fendall read the form aloud, advising Alexander that he had the right to remain silent, that anything he said, whether verbal, written or | ¡¡recorded, could be used against him in court, that he was entitled to an attorney and an attorney would be appointed for him at no cost if he could not afford one, and-that if he decided to make a statement, he could stop at any time. Alexander initialed, each item and signed the form. Det. Susan McMillan joined them for the interview, in which Alexander remained shackled and'handcuffed. Det. Fendall said that Alexander was articulate and appeared to understand the questions asked of him.

After discussing the second degree battery charge, Det. Fendall asked Alexander if he remembered the rights form and was still aware of his rights; he replied, yes. The officer did not state that Alexander was a suspect in' the Harris murder, but that he wanted to talk about another incident, and asked what Alexander knew about the woman found dead in the alley a few weeks before.

Alexander admitted that he knew Harris from the Shelter but denied that he was ever sexually involved with her. After Det. Fendall advised him that the evidence indicated that Alexander was lying, Alexander admitted having sex with Harris. Eventually, Alexander admitted that things got' rough, and that he struck her when she began resisting.

The defense argued that the state’s failure to advise Alexander he was a suspect for murder vitiated the free and voluntary nature of the statement. The state argued that the investigating officer was not required to advise the suspect of the basis for the interrogation for a statement to be freely and voluntarily made, citing State v. Cousan, 94-2503 (La.11/25/96), 684 So.2d 382. The defense, maintained that the failure to advise an interrogee that |4he was suspected of murder would still be a relevant factor in determining whether the defendant’s statement was free and voluntary, citing State v. Blank, 2004-0204 (La.4/11/07), 955 So.2d 90, cert. denied, 552 U.S. 994, 128 S.Ct. 494, 169 L.Ed.2d 346 (2007).

[36]*36The court -ruled that Alexander’s statement to police was freely and voluntarily given and .denied the motion to suppress. The court found ¡that Alexander was advised of his rights, signed the waiver form, and- confirmed that he remembered his rights when the topic changed, and that the detective told Alexander that he wanted to discuss the woman found dead in the alley.

Trial Evidence

Frank Anzalone, the owner of Star Hardware & Furniture on DeSiard Street in Monroe, testified that Harris had lived in the alley on some wooden pallets covered with a mattress for three months. Anzalone said Harris kept the area neat and clean, and did not bother anyone or anything. His employee, Carey Capers, brought Harris coffee and .they allowed her to use the store’s restroom. Anzalone said Harris was very passive but had some mental issues, as he would see her talking to herself and beating on the building in the alley.

Anzalone said that when they noticed Harris’s absence for two consecutive mornings, he and Capers looked and found her facedown on her mattress in the alley, unresponsive and bleeding from the head.

MPD Sgt. Scott Ferguson processed the crime scene, where blood splatter indicated the victim was not standing when she was--beaten. Broken pieces of brick splattered with- blood were found néar the mattress. Two ^pieces of a broken broom were found next to the mattress and another piece of the broom was' found in a nearby Dumpster, along with a used condom. A Louisiana driver’s license identifying the victim as Deneen Harris, her high school diploma and a portion of her birth certificate were found among her personal items. The coroner’s office sent the body to Dr. Frank Peretti, a forensic pathologist, for autopsy.

Dr. Peretti determined that the cause of death was severe head injuries, or cranio-cerebral trauma. Dr. Peretti said Harris suffered seven head lacerations; multiple skull fractures on the top and side of her head; and multiple contusions, bruises and lacerations to her skull. Dr. Peretti said that a hinge fracture to the-skull was a major, devastating injury. A large hemorrhage was observed inside Harris’s skull and pieces of bone were embedded in her brain; the entire left side of her face was swollen and covered in black and blue contusions. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
194 So. 3d 33, 2016 WL 1446105, 2016 La. App. LEXIS 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-alexander-lactapp-2016.