State v. Bell

543 So. 2d 965, 1989 WL 35063
CourtLouisiana Court of Appeal
DecidedApril 13, 1989
DocketKA-8792
StatusPublished
Cited by42 cases

This text of 543 So. 2d 965 (State v. Bell) 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. Bell, 543 So. 2d 965, 1989 WL 35063 (La. Ct. App. 1989).

Opinion

543 So.2d 965 (1989)

STATE of Louisiana
v.
Kerry BELL.

No. KA-8792.

Court of Appeal of Louisiana, Fourth Circuit.

April 13, 1989.

Harry F. Connick, Dist. Atty., Sandra Pettle, Asst. Dist. Atty., New Orleans, for plaintiff.

Sherry Watters, Orleans Indigent Defender Program, New Orleans, for defendant.

Before BARRY, LOBRANO and WILLIAMS, JJ.

BARRY, Judge.

The defendant was convicted of aggravated battery, La.R.S. 14:34, and sentenced as a multiple offender to fifteen years at hard labor without benefit of parole, probation or suspension of sentence.

There are four arguments on appeal. Defense counsel assigns two errors and the defendant filed a pro se brief with three errors: (1) (Pro Se # 3) (Counsel's Brief *966 # 2) the trial court admitted testimony as to several unrelated incidents; (2) (Pro Se # 1) the conviction was based on evidence and testimony the State knew was perjured; (3) (Counsel's Brief # 1) the sentence is excessive; (4) (Pro Se # 2) ineffective assistance of counsel.

FACTS

Judith Legendere, Steve Riley's girlfriend and the mother of his children, testified that on the Saturday before Easter, April 21, 1984, she had an argument with her next door neighbors, the defendant's family. That evening she told Riley about the argument and she thought he went next door to discuss the problem. Janice Bell, the defendant's sister, claimed Judith started the altercation by cursing.

Judith said on Easter morning Riley drove her to church and she met him at his mother's house that afternoon. Riley went outside and Judith saw the defendant's sister, Barbara, and his niece, Natalie, standing at the end of the driveway. She did not hear the gunshot.

Riley testified that he did not talk to the Bell family Saturday night, but did so Sunday morning and they resolved their differences. He and his brother Larry were sitting on his mother's porch steps Easter afternoon, his brother went upstairs and the defendant showed up. Riley gave the defendant $1.00 to buy cigarettes and when the defendant returned, Riley gave him a couple of cigarettes and they talked for about twenty minutes. Michael Boltan, a friend, drove up and Riley walked up to the car to talk. Riley testified that he turned around just as the defendant pulled a gun. Riley put his hand toward the barrel and a bullet struck his hand.

Michael Boltan, who knew the defendant and Riley when they were growing up in the project, corroborated Riley's testimony. He said that on Easter afternoon he stopped his car in the driveway of Riley's mother's home. The defendant and Riley were having "words." Riley walked to Boltan's car and Boltan suddenly heard shots and saw a gun in the defendant's hand. Boltan noted that Riley had been shot in the hand. He claimed Riley did nothing to provoke the shooting. Boltan took Riley to Charity Hospital, then told Riley's mother and drove Judith to the hospital. Boltan said he felt no animosity toward the Bell family and he did not want to testify.

Janice Bell told a different story. She said that early Easter afternoon she was standing inside her screen door on the porch she shared with Judith and Riley, Melvin Sartin, a neighbor and alleged troublemaker, called Riley outside. When Riley returned to the porch, he and Janice Bell exchanged harsh words. She told her brothers Fred and Kerry about the heated exchange. About 4:00 or 4:30 p.m. she and the defendant went to Riley's mother's house and were standing in her driveway. The defendant and Riley started talking, then fighting and wrestling. One or two shots were fired and she and the defendant ran away.

The testimony of Melvin Sartin, Judith's neighbor, placed a gun in the defendant's possession on Easter Sunday. Sartin testified that between noon and 1:00 p.m. he saw the defendant and Barbara Bell outside his bedroom window. Barbara took a gun out of a brown paper bag and said: "[I]f he give you any problem, you shoot him." Sartin knew she was referring to Steve Riley. When Barbara noticed Sartin she included him in the threat. Sartin testified he had known the defendant since childhood and was acquainted with Judith and Riley.

Sartin also testified about his other problems with the defendant's family. He said the defendant's other sister, Janice, stabbed his daughter in the leg years before and pleaded guilty to a charge of aggravated battery. His problem with the Bell family had begun when his daughter was a State witness in juvenile court.

Barbara Bell, the defendant's sister, denied giving her brother a gun. She said Sartin had a vendetta and he caused her arrest in the past for intimidation of a State witness. She claimed she had no prior convictions.

*967 Janice Bell admitted she pleaded guilty to aggravated assault and battery of Sartin's daughter, but claimed she did not stab Barbara Sartin. Janice claimed she pleaded guilty to get probation. She also noted the longstanding feud between her family and the Sartins. Janice admitted her prior guilty plea to intimidation of a State witness, Sartin's daughter.

Riley testified that he feared the defendant after the shooting. The defendant would show up at job sites where Riley was working. The defendant always carried a brown paper bag (which Riley thought contained a pistol). One day not long after Easter when the defendant made a motion with the bag, Riley grabbed a gun (not his) from inside his truck and shot the defendant. Riley testified that he had no criminal conviction and was never charged with shooting the defendant.

Officer August Santosuosso, who went to Charity Hospital relative to the shooting, and arresting officer David Carter also testified.

ARGUMENT # 1

Defense counsel argues the trial court erroneously admitted testimony relative to: incidents involving the defendant's family members which did not involve the defendant or Steve Riley, i.e., the incident between Janice Bell and Sartin's daughter years earlier, the altercation between Judith and the Bells the day before Easter, the incident outside the courtroom involving Sartin and the Bell sisters. Sartin also testified that Barbara Bell threatened him prior to the shooting.

The defendant argues that evidence of his bad character and that of his entire family was allowed in violation of La.R.S. 15:481 by allowing testimony as to those incidents.

Judith Legendere recounted the Saturday altercation and Sartin testified about Barbara Bell's threat without objection. The defendant cannot complain absent an objection during trial. La.C.Cr.P. Art. 841; State v. Hawkins, 496 So.2d 643 (La.App. 1st Cir.1986), writ denied 500 So.2d 420 (La.1987).

Circumstances surrounding several of the incidents were also brought out during defense questions of State witnesses.

On cross-examination Janice Bell was questioned about prior convictions without objection. She admitted that she pleaded guilty to aggravated battery of Sartin's daughter and to intimidation of a State witness. La.R.S. 15:495 authorizes questions of a witness about prior convictions to impeach credibility. State v. Truitt, 500 So.2d 355 (La.1987); State v. Francosi, 511 So.2d 1181 (La.App. 4th Cir.1987). That testimony was admissible for impeachment purposes.

Orleans Parish Criminal Sheriff Deputy Eugene White testified about an altercation in the courthouse. Deputy White, who was assigned to Section B of the Criminal Courts Building, witnessed a disturbance in the hallway outside the courtroom during trial. Over objection and after a jury instruction as to the limited value of the testimony to show bias on the part of certain witnesses, he testified.

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Cite This Page — Counsel Stack

Bluebook (online)
543 So. 2d 965, 1989 WL 35063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bell-lactapp-1989.