State v. Anderson

789 N.W.2d 227, 2010 Minn. LEXIS 618, 2010 WL 4007644
CourtSupreme Court of Minnesota
DecidedOctober 14, 2010
DocketNo. A09-1141
StatusPublished
Cited by54 cases

This text of 789 N.W.2d 227 (State v. Anderson) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Anderson, 789 N.W.2d 227, 2010 Minn. LEXIS 618, 2010 WL 4007644 (Mich. 2010).

Opinions

OPINION

DIETZEN, Justice.

A Scott County jury found appellant Michael Anderson guilty of first-degree premeditated murder, second-degree intentional murder, and second-degree manslaughter — culpable negligence, for the shooting death of Katherine Olson on October 25, 2007. The district court sentenced Anderson to life in prison without possibility of release, and Anderson filed a direct appeal. We affirm.

On October 26, 2007, the Savage Police Department received a phone call that a discarded purse had been seen at Warren Butler Park in Savage, Minnesota. The responding police officer found the purse, which included Katherine Olson’s driver’s license, on a garbage bag in a trash can. Subsequently, police spoke with Olson’s roommate, who stated Olson told him that she was going to Savage for a babysitting job. A review of Olson’s e-mail account indicated that Olson had responded to an e-mail request from “Amy,” who lived in Savage, for a babysitter.1 In the e-mails to Olson, “Amy” claimed that she needed someone to watch her daughter on October 25 from 9:00 a.m. to 2:00 p.m. Olson’s cell phone records showed that the last call was an 85-second call on October 25 at 8:57 a.m. to Anderson’s cell phone number. Subsequently, police located Olson’s vehicle at Kraemer Park Reserve, which is just east of Warren Butler Park. Olson’s body was found in the trunk.

The police took custody of Anderson at his place of employment at the Minneapolis-St. Paul airport. Anderson was informed that he was detained as the result of a missing person investigation, and he was then transported to the Savage Police Department for questioning. Prior to the interview, Anderson was read his Miranda rights, and he agreed to talk to the officers. During the interview, Anderson admitted that he used the online service, admitted he was present when Olson was killed, and stated a friend of his “thought it would be funny.” When Anderson requested an attorney, the interview ended.

The Minnesota Bureau of Criminal Apprehension (BCA) examined Olson’s body and the Anderson residence. A hair collected from Olson’s body had the same DNA profile as Anderson’s DNA profile. DNA analysis of twine knotted around Ol[232]*232son’s right ankle could not exclude Olson or Anderson as contributors. Anderson’s fingerprint was found on the drawstring of the garbage bag in Warren Butler Park. The garbage bag contained a blue towel with blood that matched Olson’s DNA profile, and Olson’s cell phone contained Anderson’s thumbprint. DNA analysis of a blood smear found at the bottom of the stairs in the Anderson residence matched Olson’s DNA profile. A Ruger .357 Black-hawk revolver was found in Anderson’s parents’ bedroom, and a fired cartridge was found in Anderson’s room underneath a pillow. A firearms expert determined the revolver fired the bullet found in Olson’s body and the cartridge found in Anderson’s room. The DNA profile from the revolver matched Anderson’s DNA profile.

An autopsy revealed a gunshot wound to Olson’s back, and injuries to Olson’s knees, nose, and forehead. The medical examiner stated it would be reasonable to conclude that Olson was shot in the back, fell forward, and hit her knees and head. The cause of death was a gunshot wound, and the manner of death was homicide.

The BCA conducted an analysis of the computers at the Anderson residence. Anderson made 67 postings on the online service from November 2006 to October 2007. Those posting included requests for female models and actresses, nude photos, a sexual encounter, babysitters, and car parts. Anderson posted an ad on October 22, 2007, requesting a babysitter for a 5-year-old girl. When Olson responded to the ad, Anderson replied posing as “Amy” and stated “she” needed someone to babysit her daughter. After several e-mails, Anderson arranged to have Olson come to the Anderson residence on October 25 from 9:00 a.m. to 2:00 p.m. Olson called Anderson’s cell phone at 8:57 a.m. on October 25, and Anderson listened to the voice mail at 8:59 a.m.

Anderson was charged with second-degree intentional murder in violation of MinmStat. § 609.19, subd. 1(1) (2008). Subsequently a grand jury indicted Anderson for first-degree premeditated murder, MinmStat. § 609.185(a)(1) (2008), and second-degree intentional murder, Minn.Stat. § 609.19, subd. 1(1), for the October 25, 2007, shooting death of Olson. Anderson pleaded not guilty by reason of mental illness. A psychologist and a psychiatrist retained by the defense diagnosed Anderson as having Asperger’s disorder (Asperger’s).2 The district court ordered a mental examination of Anderson by a forensic psychologist and a forensic psychiatrist, who both concluded that Anderson did not have Asperger’s and was not mentally ill or mentally deficient.3 Later, Anderson withdrew his mental illness defense, changing his plea to not guilty.

Before trial, Anderson moved to suppress his statement to the police officers on the ground that he did not waive his Miranda rights. By order filed November 14, 2008, the district court denied the request.

At trial, Anderson stipulated that he was holding his father’s gun when the gun fired, that he caused Olson’s death, and [233]*233that he was acting alone when the gun fired. Anderson argued that expert psychiatric testimony should be permitted to show physical and cognitive effects of As-perger’s on him. The district court denied Anderson’s motion to admit the expert testimony.

The State introduced testimony regarding its investigation and Anderson’s statement to police. Also, the State introduced testimony from other inmates that Anderson admitted committing the murder because he wanted to know what it felt like; that Anderson told another inmate, who had been a professional fighter, that he would be more famous than the other inmate because of the high profile label the media used to describe Olson’s murder; and that Anderson said he did not plead insanity “[bjecause then I would have to pretend that I’m sorry.” Anderson attempted to prove through other witnesses that he was clumsy, that there was some clutter in the house, and that the gun may have discharged accidentally as Olson was running away. Anderson did not testify at trial.

The jury found Anderson guilty on all counts. The district court sentenced Anderson to life in prison without possibility of release. On direct appeal, Anderson argues that (1) he did not waive his Miranda rights so his statement to the police should have been suppressed; (2) the district court abused its discretion and denied him a fair trial when it denied his request to present expert psychiatric testimony on Asperger’s and its effects on him; (3) the court abused its discretion by denying Anderson’s proposed jury instructions; and (4) the evidence was insufficient to support a conviction for first-degree premeditated murder.

I.

Anderson argues that he did not knowingly, intelligently, and voluntarily waive his Miranda rights prior to making a statement to law enforcement officers and therefore the district court erred by not suppressing the statement to the police. We review findings of fact surrounding an alleged Miranda waiver for clear error, and we review de novo the legal conclusions based on those facts to determine whether the waiver was knowing, intelligent, and voluntary. State v. Burrell, 697 N.W.2d 579, 591 (Minn.2005).

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Cite This Page — Counsel Stack

Bluebook (online)
789 N.W.2d 227, 2010 Minn. LEXIS 618, 2010 WL 4007644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-anderson-minn-2010.