State v. Boudoin

106 So. 3d 1213, 11 La.App. 5 Cir. 967, 2012 WL 6720461, 2012 La. App. LEXIS 1704
CourtLouisiana Court of Appeal
DecidedDecember 27, 2012
DocketNo. 11-KA-967
StatusPublished
Cited by8 cases

This text of 106 So. 3d 1213 (State v. Boudoin) 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. Boudoin, 106 So. 3d 1213, 11 La.App. 5 Cir. 967, 2012 WL 6720461, 2012 La. App. LEXIS 1704 (La. Ct. App. 2012).

Opinion

FREDERICKA HOMBERG WICKER, Judge.

12In this criminal proceeding, defendant appeals his convictions for second degree murder and conspiracy to commit aggravated burglary claiming that the evidence presented at trial was insufficient to support his convictions. Defendant further claims that the trial court impermissibly commented on the evidence and allowed unreliable expert testimony to be presented at trial. For the reasons discussed herein, we affirm defendant’s convictions and sentences.

Procedural Background

On September 2, 2010, a Jefferson Parish Grand Jury issued a superceding indictment charging defendant, Bryant Boudoin, with conspiracy to commit aggravated burglary in violation of La. R.S. 14:26:60 and second degree murder in violation of La. R.S. 14:30.1. The following day, defendant was arraigned and Upled not guilty to both charges. The matter proceeded to trial and, on January 19, 2011, a twelve-person jury returned a verdict of guilty as charged. Defendant filed a motion for new trial, which was denied by the trial court. On February 17, 2011, the trial court sentenced defendant to ten years at hard labor on the conspiracy conviction to run concurrently to a sentence of life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence on his second-degree murder conviction. This timely appeal follows.

Factual Background

The victim, Ms. Elizabeth McDaniel, was fatally beaten in her home during an aggravated burglary in the early morning hours of May 26, 2008. “Betsy” McDaniel had owned and operated Betsy’s Pancake House on Canal Street in New Orleans since its opening in 1996 and worked as a waitress six days a week from 5:30 a.m. until 2:00 p.m. Ms. McDaniel brought cash home from the restaurant daily and stored it in a large gun safe in her home. Ms. McDaniel lived next door to her daughter, Mrs. Mary Murdock, on War[1217]*1217wick Drive in Marrero. Mrs. Murdock was the manager of Betsy’s Pancake House and worked with her mother at the restaurant daily. Mrs. Murdock has always been known as “Ladybug,” which is commonly known by her friends, family, neighbors, and restaurant customers. On the evening of Friday, May 28, 2008, Mrs. Murdock went outside to smoke a cigarette and let her dogs out; one of the dogs immediately ran to her mother’s backyard barking loudly.1 Mrs. Murdock then heard a “thump,” which she thought sounded like someone jumping over her mother’s vinyl fence. She retreated inside to alert her husband.

|4Mr. Murdock immediately went outside with a flashlight and, through a gap in the fence2, observed an intruder in the yard directly behind the victim’s backyard, hiding in a doghouse with only his feet visible. Mr. Murdock insisted that the individual leave. As the individual left the yard, Mr. Murdock shined a flashlight on him and later described him as a slim, young-looking black male with a long, narrow face. After Betsy McDaniel’s murder, Mr. Mur-dock saw a picture of the individual in the news, recognized him as the individual he had seen in his neighbor’s backyard, and contacted the police.3

On the evening of May 24, 2008 — the night after Mr. and Mrs. Murdock’s encounter with the backyard intruder — and into the early morning hours of May 25, 2008, the FBI conducted surveillance for drug trafficking at a residence, occupied by a William Donahue, down the street from the Murdocks’ and the victim’s homes. Special Agent Todd Schliem, one of the FBI agents who conducted the Donahue surveillance, noticed a suspicious vehicle passing through the neighborhood at 1:45 a.m. on May 25, 2008, that eventually parked for twenty minutes on Warwick Drive in the same block as the victim’s home. While parked, no one entered or exited the vehicle. The vehicle then moved three to five houses down and again parked for an unknown period of time— the vehicle remained parked at that location when the FBI terminated its surveillance for that evening.

Later that day, Sunday, May 25, 2008, the Murdocks hosted a crawfish boil at their home for family members, including Ms. McDaniel. Around 10:00 or 10:30 that night, Ms. McDaniel retired next door to her home for the evening as |fishe had to awaken at 4:00 a.m. each morning to open the restaurant. At approximately 4:10 a.m. on Monday, May 26, 2008, Mrs. Mur-dock telephoned her mother to awaken her, as she did every morning to ensure she would be ready to leave timely to open the restaurant. Ms. McDaniel answered the phone and told her daughter, “[e]ome see, somebody beat me up.” Mrs. Mur-dock and her husband rushed next door and found the victim in her bed with her [1218]*1218eyes swollen shut and her bedroom ransacked. The victim told her daughter, “[t]hey just left” and “[t]hey almost killed me.” Mr. Murdock contacted the police and officers were dispatched to the scene at 4:21 a.m.

Deputy Thomas Gai of the Jefferson Parish Sheriffs Office was the first officer to arrive to the scene. Deputy Gai found the victim in her bed, incoherent and covered in blood. He noticed that the kitchen and living room area were “very immaculate” and that the victim’s bedroom and closet were heavily ransacked. He also noticed a large green safe in the rear of the residence in a small foyer area with pry marks along the side of the safe that appeared fresh. The rear door frame also had pry marks on it and the locking device in the door appeared to be installed backwards, allowing it to be easily accessed.

The victim was transported to the hospital, where officers attempted to obtain additional information about the incident. Deputy Darren Monie interviewed the victim at the hospital. The victim told Deputy Monie that someone came into her bedroom while she slept and awakened her with a flashlight shining in her face. The assailant pulled her out of bed, choking her and demanding that she open the safe. She attempted to run from the assailant to let her dogs in to attack him but was unable to do so before he regained control of her. The assailant again demanded that she open the safe; when she informed him that she did not have the combination to the safe because it belonged to her deceased husband, the | (¡assailant said to her, “we have Ladybug, and we’ll kill her if you don’t open the safe.”4 The victim told Detective Monie that only family and friends refer to her as Ms. Betsy and to her daughter as Ladybug; she stated she then believed the assailant and told him that she had another safe she could open in her walk-in closet. She opened the safe and gave the assailant $5,000.00 in cash. The victim told Detective Monie that because of the beating and the effect of the flashlight to her eyes, she was unable to see the assailant. She described his voice and build, however, and stated that the assailant resembled both her neighbor Keith (a white male with a mustache and a goatee) and her ex-son-in-law (a white male with facial hair).5 The victim also described the assailant to her daughter, stating that he “kind of looked like the man next door, Keith.”

Detectives Todd Rivere and Myron Gau-det also interviewed the victim in the hospital. The officers asked the victim for a description of the assailant, to which she responded, “like him,” pointing to Detective Gaudet and then touching her fingers to her face beneath her nose. Detective Gaudet is a white male, 5'9" or 5'10", clean shaven, bald, with an olive complexion and a medium, muscular build.6

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Cite This Page — Counsel Stack

Bluebook (online)
106 So. 3d 1213, 11 La.App. 5 Cir. 967, 2012 WL 6720461, 2012 La. App. LEXIS 1704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boudoin-lactapp-2012.