State v. Brown

496 So. 2d 261
Supreme Court of Louisiana·Decided October 20, 1986·No. 85-KA-2389·Published·Cited by 67 cases

Opinion

496 So.2d 261 (1986)

STATE of Louisiana
v.
Bryan L. BROWN.

No. 85-KA-2389.

Supreme Court of Louisiana.

October 20, 1986.
Rehearing Denied November 13, 1986.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Charles F. Wagner, Dist. Atty., Earl Humphries, Thomas R. Wilson, Asst. Dist. Attys., for appellee.

Katherine S. Williamson, Alexandria, for defendant-appellant.

J. Michael Small, Alexandria, for defendant-appellant.

DIXON, Chief Justice.

Connie Smith, seventeen, was murdered on May 14, 1983 in Tioga, Louisiana.

*262 Bryan Brown, a twenty-one year old who lived in Miss Smith's neighborhood, was indicted for the murder, convicted and sentenced to death. We now reverse that conviction and remand for a new trial since the public sentiment in the community required the trial judge to grant defendant's motion for a change of venue pursuant to C.Cr.P. 622.

The motion for a change of venue was heard on May 1, 1985 before Judge Robert P. Jackson. Numerous representatives from the newspaper and radio testified concerning the extensive coverage given the Brown case. The press coverage was exacerbated when defendant escaped from jail and was missing for seven months before he surrendered in California. Hartwell M. "Jerry" Doty, an expert in the field of public opinion polling, testified that he conducted a poll in Rapides Parish on April 24 and 25 in 1985. The results of the poll indicated that the community's familiarity with the offense was nearly total. Of those polled, 87% had heard of the crime. While 53% of those polled had heard of Bryan Brown, an additional 27% were able to give the defendant's name. Fifty-nine percent of those who said they thought Brown was guilty believed he should receive the death penalty. When asked whether there was a high degree of prejudice against Bryan Brown in Rapides Parish, Mr. Doty said, "I think it's perceived by the people, in my judgment, that the man is guilty, and I think the people want him committed to death."

After the hearing on a change of venue but before the first juror was called on voir dire, the verdict in the trial of Kenneth Prestridge intervened. In Prestridge, a white twenty year old male was charged with the first degree murder of a sixteen year old white female. The state in Prestridge alleged that the victim had been beaten, raped, strangled and hung from a tree in a hangman's noose. The partially naked body had been found hanging from a tree in a wooded area.

The seven week Prestridge trial was reported in the local paper to be one of the longest district court cases in Louisiana history and to have cost the Rapides Police Jury about $40,000. Prestridge was found guilty of first degree murder and sentenced to life in prison on June 6, 1985. When the life verdict was announced, the Alexandria Daily Town Talk reported on the front page of the paper:

"A smile crept across Prestridge's face soon after the verdict was read. With the smile still on his face, he glanced quickly in the direction of [the victim's family].
. . . . .
As he left the courtroom ... the father of the victim shouted, `That son of a bitch will be out in 25 years.... He will kill one of your daughters, you wait and see.'
[A] family friend called to ... one of Prestridge's defense attorneys, `I hope you sleep good, Mr.___
. . . . .
[The victim's mother] surrounded by a phalanx of deputies, called him a `murderer,' and shouted, ` ... Big smile on his damn face. I'll kill him. Someone give me a gun and I'll shoot him.'"

The outrage of the community caused by the life verdict in Prestridge was clearly displayed in the letters that were received by the local newspaper. Some of the letters expressed anger at Prestridge's defense attorneys while others related to how jurors would feel if their own children were the next victims. Eventually, the editor placed a note in the paper indicating that approximately two hundred letters hostile to the verdict had been received but no more would be printed since the opinions were essentially the same.

Barely nine weeks after the letters appeared in the local newspaper, the voir dire for the trial of Bryan Brown began.

In State v. Bell, 315 So.2d 307, 311 (La. 1975) we listed some of the factors the trial judge should consider when determining whether to grant a motion for a change of venue: *263 "... (1) the nature of pretrial publicity and the particular degree to which it has circulated in the community, (2) the connection of government officials with the release of the publicity, (3) the length of time between the dissemination of the publicity and the trial, (4) the severity and notoriety of the offense, (5) the area from which the jury is to be drawn, (6) other events occurring in the community which either affect or reflect the attitude of the community or individual jurors toward the defendant, and (7) any factors likely to affect the candor and veracity of the prospective jurors on voir dire."

Virtually every prospective juror was aware of the general facts of this case. Mr. Doty referred to the knowledge of the community overall as "total saturation." Although the publicity generally was not inflammatory, it was thorough and extensive. One year after the crime occurred, the local paper published an anniversary article simply to recognize that a year had gone by and to reacquaint the community with the facts of the crime. Two months prior to the trial, thirty-six articles had been published in the Alexandria Daily Town Talk; the great majority of these had been placed on the front page.

After Bryan Brown was arrested and charged with the murder, he escaped from prison. Seven months later he surrendered to authorities in California and was brought back to Louisiana. Brown's escape, recapture and extradition increased the publicity and coverage of the case. Each time the case appeared in the paper, some version of Miss Smith's death and defendant's arrest, escape and re-arrest was rehashed. Readers were often reminded that Brown had been out on bond for an armed robbery charge at the time of the crime.

Several of the media representatives who testified at the hearing for a change of venue said this was one of the most heinous crimes that had ever occurred in the community. Ms. Smith had been a popular high school senior who was described in the media as a "high school beauty queen." She was a resident of the community who had excelled in academics and statewide beauty pageants. Understandably, almost everyone in the community followed the investigation and pretrial proceedings with interest.

Although defendant is not entitled to a jury that is totally ignorant of the case to be heard, Art. 1, § 16 of the Louisiana Constitution does grant him a right to trial by an impartial jury.

The facts and outcome in the Prestridge trial are critical to our conclusion that a change of venue should have been granted defendant. A defendant must prove more than community awareness of the facts surrounding his case. He must show that there exists a prejudice in the collective minds of the community that would make a fair trial impossible. State v. Wilson, 467 So.2d 503 (La.1985); State v. Felde, 382 So.2d 1384 (La.1980); State v. Sonnier, 379 So.2d 1336 (La.1979).

The extensive press coverage, when combined with the notoriety of the case and the outrage in the community over the life verdict in Prestridge, had a

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