State v. Anderson

750 So. 2d 1008, 1999 WL 973629
Louisiana Court of Appeal·Decided October 26, 1999·No. 99-KA-456·Published·Cited by 4 cases

Opinion

750 So.2d 1008 (1999)

STATE of Louisiana
v.
Selina ANDERSON.

No. 99-KA-456.

Court of Appeal of Louisiana, Fifth Circuit.

October 26, 1999.

*1009 John M. Crum, Jr., District Attorney, George Ann Graugnard, Rodney A. Brignac, Assistant Dist. Attys., Edgard, LA, for Plaintiff-Appellee.

*1010 R. Neal Walker, New Orleans, LA, for Defendant-Appellant.

Panel composed of Judges H. CHARLES GAUDIN, EDWARD A. DUFRESNE, Jr. and JAMES L. CANNELLA.

DUFRESNE, Judge.

The St. John the Baptist Parish Grand Jury returned an indictment charging the defendant, Selina Anderson, with the first degree murder of her eighteen-month-old daughter, LSA-R.S. 14:30. The state subsequently amended this indictment to charge the defendant with second degree murder, LSA-R.S. 14:30.1, and the defendant pled not guilty. Pursuant to a motion by the defendant, the trial judge appointed a sanity commission and, after a hearing, determined that the defendant was competent to proceed to trial. The defendant then withdrew her plea of not guilty and tendered a plea of not guilty and not guilty by reason of insanity.

The matter proceeded to trial before a twelve person jury, at the conclusion of which the defendant was found guilty as charged. The trial judge sentenced the defendant to the mandatory term of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. It is from this conviction and sentence that the defendant now appeals.

FACTS

It is uncontested that the defendant killed her eighteen-month-old daughter, Coreyanna. Rather, the issue presented at trial was whether the defendant was legally insane at the time of the offense.

On July 14, 1995, shortly after 10:30 p.m., the defendant called 911 to report that Coreyanna had disappeared from her LaPlace residence. Sergeant Lawrence Sylvan and Lieutenant David Wilson of the St. John Parish Sheriff's Office responded to the scene. Upon their arrival, the defendant told them that she had put Coreyanna to bed, and after taking a shower, discovered that the child was missing. After talking to the defendant, the officers proceeded to the backyard for further investigation. They found the child, unresponsive with no pulse, lying on the ground near the back of the defendant's apartment. An ambulance arrived to transport the child to the hospital. The child was pronounced dead, and the cause of death was determined to be asphyxia due to suffocation.

While at the hospital and subsequently at the detective bureau, the defendant, who was not yet a suspect, maintained her story that she had put her daughter to bed, and after taking a shower, she discovered that Coreyanna was missing and also that the back door was partially opened.

Detective Todd Hymel, one of the officers involved in the case, returned to the scene and found absolutely no evidence to indicate that the defendant had taken a shower as she had claimed. There were no wet towels and the shower was dry. The detective also examined the doors and windows for signs of forced entry since the defendant had stated at one point that all the doors were secured when she went to take a shower. His investigation revealed no signs of forced entry. The lack of evidence that the defendant had showered, combined with the absence of forced entry, raised Detective Hymel's suspicions.

Detective Hymel returned to the detective bureau and talked to the defendant again. After being advised of and waiving her Miranda[1] rights, the defendant repeated the same account of events. Detective Hymel then confronted her with the inconsistencies in her story, at which time the defendant admitted that she had killed her daughter. In a tape recorded interview, the defendant said she fed Coreyanna and put her to bed. While Coreyanna was sleeping, the defendant held a washcloth over Coreyanna's nose and mouth until she stopped breathing. The defendant stated she put Coreyanna outside on the grass, returned inside, changed her *1011 shirt, and called the police to report that Coreyanna was missing. In her confession, the defendant told Detective Hymel that she never wanted Coreyanna because the child was female. She also said she had been thinking about killing Coreyanna for four or five months.

In addition to this factual testimony, the state also presented the testimony of Dr. Richard Richoux which indicated that the defendant was not insane when she smothered Coreyanna. Dr. Richoux, an expert forensic psychiatrist, testified that the defendant's medical records indicated that she had two psychiatric hospitalizations in February and May of 1993. Both hospitalizations were related to suicidal behavior attributed to depression. In the interview, the defendant told Dr. Richoux that she began hearing voices in 1995. She said that on the day Coreyanna died, she heard a voice while she was at the laundromat that told her to go into the road and get hit by a truck. The defendant said she did not obey the voice. The defendant said that when she was at home, a voice told her to kill Coreyanna, and she obeyed.

Dr. Richoux said he had reviewed a number of documents, including the defendant's medical records for non-psychiatric treatment, as well as her statement to the police, and the report from Dr. Sarah Daland, a psychiatrist who examined the defendant at the defense's request. Based upon his review of these documents and the interview with the defendant, Dr. Richoux concluded that the defendant appeared to be legally sane at the time of the offense.

Following the presentation of the state's evidence, the defense rested its case without calling any witnesses.

RIGHT TO CROSS-EXAMINATION AND RIGHT TO PRESENT A DEFENSE

On appeal, the defendant asserts that she was denied her right to cross-examination as well as her right to present a defense. She specifically claims that she could not effectively cross-examine the state's psychiatrist, Dr. Richoux, about his opinion on her sanity, because if she had asked the questions she proposed, the state would have been allowed to elicit prejudicial information on redirect examination. The defendant also asserts that her right to present a defense was abridged because she was not allowed to present evidence of her insanity contained in medical records through the cross-examination of Dr. Richoux.

The Sixth Amendment of the United States Constitution and Article 1, § 16 of the Louisiana Constitution guarantee an accused in a criminal prosecution the right to present a defense. Washington v. Texas, 388 U.S. 14, 87 S.Ct. 1920, 18 L.Ed.2d 1019 (1967); State v. Hamilton, 441 So.2d 1192 (La.1983); State v. Calloway, 97-796 (La.App. 5 Cir. 8/25/98), 718 So.2d 559, writs denied, 98-2435, 98-2438 (La.1/8/99), 734 So.2d 1229. These constitutional provisions also guarantee the accused the right to confront the witnesses against him. The essential purpose of confrontation is to secure for the opponent the opportunity of cross-examination. Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974); State v. McIntyre, 97-876 (La.App. 5 Cir. 1/27/98), 708 So.2d 1071, writ denied, 98-1032 (La.9/18/98), 724 So.2d 753.

During the state's examination of Dr. Richoux, defense counsel moved to exclude any references by Dr. Richoux to the defendant's medical records from the River Parishes Mental Health Clinic concerning the deaths of the defendant's two other children.

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State v. Anderson, 750 So. 2d 1008, 1999 WL 973629 (La. Ct. App. 1999).

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