State v. Bailey

732 N.W.2d 612, 2007 Minn. LEXIS 308, 2007 WL 1630477
CourtSupreme Court of Minnesota
DecidedJune 7, 2007
DocketA05-2515
StatusPublished
Cited by34 cases

This text of 732 N.W.2d 612 (State v. Bailey) 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. Bailey, 732 N.W.2d 612, 2007 Minn. LEXIS 308, 2007 WL 1630477 (Mich. 2007).

Opinions

OPINION

ANDERSON, G. BARRY, Justice.

Appellant Billy Bailey was convicted of first-degree murder while committing criminal sexual conduct in connection with the May 1984 death of a 69-year-old woman. On direct appeal to this court, Bailey makes four claims of error. We hold that the district court properly rejected Bailey’s Batson challenge. We also hold that the district court did not err in allowing testimony that certain DNA evidence did not exclude Bailey as the donor, in excluding expert testimony that the state should have conducted validation studies before using a Bunsen burner to remove a cover slip from the DNA sample, or in admitting Spreigl evidence that Bailey had confessed to three other burglaries.

A. Initial Investigation and Conviction

On May 20, 1984, Virginia Golden found her mother, Agnes Fafrowicz, dead in the living room of Fafrowicz’s apartment. Investigators determined that Fafrowicz had been robbed and sexually assaulted by an intruder and died from a resulting heart attack on May 16. Fluid samples were taken from Fafrowicz and sperm was detected.

On May 22, police learned that two checks had been drawn on Fafrowicz’s account. One check, dated May 17, was made out to “Bill Vollmar-Bailey” for $230 and had been cashed at a liquor store next to Bailey’s apartment building. Upon arrest and interrogation, Bailey explained that Fafrowicz wrote the check to him for work he did on her lawn and car. Detectives found Bailey’s story implausible for many reasons, chief among them Bailey’s claim that Fafrowicz gave him the check on May 18 when she almost certainly died on May 16.

Bailey was charged with first-degree murder while committing criminal sexual conduct and indicted on June 6, 1984. About six months later, the state dismissed the indictment due to its likely inability to prove the case beyond a reasonable doubt.

The state reopened the case in 2000 and obtained from the Medical Examiner’s Of[616]*616fice two slides containing the samples taken from Fafrowicz’s body during the autopsy. Bureau of Criminal Apprehension (BCA) scientist Catherine Knutson used a Profiler Plus kit to test the samples against a blood sample taken from Bailey during the 1984 investigation. To remove the cover slips from the slides, Knutson heated the slides with a Bunsen burner until the mounting medium began to boil, loosening the slips. A vaginal sample yielded interpretable DNA results at six of the ten tested loci.1 The resulting profile matched the DNA from Bailey’s blood sample.

With this evidence, the state again charged Bailey with first-degree murder while committing criminal sexual conduct. He was indicted, tried, and found guilty in 2002.

Bailey appealed his conviction and we reversed and remanded for a new trial. State v. Bailey (Bailey I), 677 N.W.2d 380, 385 (Minn.2004). We held that certain statements Bailey made prior to his Miranda warning were admitted in error. We also held that the district court’s findings on the reliability of using a Bunsen burner on a DNA sample were insufficient to satisfy the second prong of the Frye-Mack standard2 and justify the admission of the DNA test.

B. Frye-Mack Hearing

Prior to the second trial, pursuant to our instructions, the district court held a Frye-Mack hearing. After that hearing, the court concluded that use of a Bunsen burner to remove cover slips and access DNA samples was compatible with DNA Advisory Board standards and thus was generally accepted in the relevant scientific community. Bailey does not challenge that conclusion in this appeal. The court also received as evidence two validation studies on the effect of heating a DNA sample with a Bunsen burner. Both studies concluded that heating a DNA sample on a slide over a Bunsen burner for thirty seconds, as Knutson did, would not degrade the sample. Based on these studies, the court concluded that the state had met its burden under Frye-Mack’s second prong of showing that the use of the Bunsen burner was not responsible for any degradation of the samples and that the results of Knutson’s test were admissible. Bailey does not challenge that conclusion in this appeal.

C. Sub-150 RFU Peaks

The district court also ruled as a result of the Frye-Mack hearing that loci with peaks under 150 RFUs would not be admissible as part of the state’s case-in-chief because the BCA’s own internal protocols prohibited using such peaks for any pur[617]*617pose but exclusion (determining that a given individual could not have been the source of the DNA). The court ruled that the sub-150 RFU peaks were likely to be more prejudicial than probative, because “it is a very short step from the assertion that the evidence does not exclude the defendant to the inference of therefore it must implicate the defendant.” The court noted, “[t]his is not to say that there is insufficient foundation to preclude the State from inquiring on redirect, should the issue be raised in cross-examination, whether there is anything in the sub-150 RFU peaks that excludes Defendant.”

During cross-examination, Bailey’s attorney asked this series of questions of Knutson:

Q: * * * And then you have basically up there [referring to a display] nine different locations that you look at in the gene?
A: That’s correct. They are nine different areas of DNA that we look at, yes.
Q: And they are called loci?
A: That is what they are referred to as, yes.
Q: But they are areas of DNA that you look at to see if a person might be excluded; is that correct?
A: They are areas of DNA that have been shown to differ between individuals.
Q: And you look at them to see if a person might be excluded?
A: We look at them to compare them to known samples to see whether either inclusion or exclusions can be made.
Q: Okay. And here, I believe you testified, you got results out of five of the nine in terms of doing the calculation that you did; is that correct?
A: Yes, we received, I obtained reportable results for five of the areas.
Q: Okay. Reportable results for five of the areas, is that right?
A: That’s correct.

Based on this exchange, the district court ruled that Bailey had opened the door to questioning by the state to establish that nothing in the four sub-150 loci excluded Bailey as the donor. Bailey contends that the district court erred in allowing this testimony.

D. Batson Challenge

During voir dire, the state exercised a peremptory strike against prospective juror 9, a Native American woman. Bailey raised a Batson challenge to the strike.

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Cite This Page — Counsel Stack

Bluebook (online)
732 N.W.2d 612, 2007 Minn. LEXIS 308, 2007 WL 1630477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bailey-minn-2007.