State v. Brown

958 S.W.2d 574, 1997 Mo. App. LEXIS 2218, 1997 WL 753993
Missouri Court of Appeals·Decided December 9, 1997·No. No. WD 53132·Published·Cited by 10 cases

Opinion

ULRICH, Chief Judge, Presiding Judge.

Odessa Brown appeals her convictions following jury trial for second degree murder, section 565.021, RSMo 1994, and armed criminal action, section 571.015, RSMo 1994, and concurrent terms of life imprisonment. Ms. Brown raises two points of error on appeal. She contends the trial court erred in (1) instructing the jury with an accomplice liability theory where the evidence showed she acted alone and where she was prevented from introducing any evidence that someone else was responsible for the murder; and (2) overruling her Batson challenge to the prosecution’s removal of a Hispanic venireperson. The judgment of convictions is affirmed.

FACTS

Sixty-six year old David Watkins was living alone in Kansas City, Missouri in September of 1995. Mr. Watkins entertained a group of people in his home the evening of September 22,1995. Pamela Pitkins and her aunt, Beverly Roper, arrived first, and Charles Smith joined the group a short time later. Odessa Brown arrived even later with her baby. The group began drinking and smoking crack cocaine, marijuana and primo, a mixture of crack cocaine and marijuana.

Mr. Smith departed Mr. Watkins’s home at approximately 1:00 a.m. After Mr. Smith left, Ann Sanders and Vickie Crowe arrived. The group continued to smoke and drink. Mr. Watkins showed the group a roll of money and stated he had won $3,100.00 at the river boats. Mr. Watkins then put the money in a shaving kit and stuck it in the oven for safekeeping. Between 2:00 a.m. and 4:00 a.m., Ms. Sanders, Ms. Crowe, Ms. Pickens and Ms. Roper went home leaving Ms. Brown, her baby and Mr. Watkins alone.

The next day, Saturday, September 23, 1995, Ms. Pickens realized she had left her purse at Mr. Watkins home the night before. She called Mr. Watkins’s home repeatedly between 1:00 p.m. and 9:00 p.m. without receiving an answer and Mr. Watkins’s answering machine never activated.

Mr. Watkins usually attended Ms. Pick-ens’s children when she was not home. Ms. Pickens’s three children went to Mr. Watkins’s home on Saturday, September 23, 1995, at 6:00 p.m. after attending a church picnic. When they arrived at Mr. Watkins’s home, a woman answered the door and informed them that Mr. Watkins was not at home. One of the children, Tony, informed the woman that they were supposed to wait at Mr. Watkins’s home for their mother, but the woman would not permit the children to enter the house. While the children were speaking with the woman, Tony noticed a man carrying a television set out of Mr. Watkins’s home to a car parked across the street. A woman held the trunk of the vehicle open for the man so that he could put the television set inside it. Because the woman at the door would not let them in, the children departed Mr. Watkins’s home.

Ms. Pickens resumed calling Mr. Watkins’s home at 10:30 a.m. the next day, but did not receive an answer. Ms. Pickens walked to Mr. Watkins’s home to retrieve her purse. [577]*577When she arrived at his home, she noticed the front door was locked. When nobody answered the door, Ms. Pickens used a key Mr. Watkins had given her to gain entrance to his home. Upon entering the house, Ms. Pickens smelled natural gas and noticed that Mr. Watkins television set and her purse were missing. She also noticed that the house was “tore up.” As Ms. Pickens walked into the kitchen to turn the gas off she noticed Mr. Watkins’s feet sticking out from under a bed. Ms. Pickens immediately called 911 and ran out of the house to summon a neighbor, Teresa Quintaro, who lived two doors away.

Ms. Quintaro returned with Ms. Pickens to Mr. Watkins’s home. Ms. Quintaro noticed Mr. Watkins was covered with dried blood, was cold and manifested no vital signs. When Ms. Quintaro’s husband arrived, Ms. Quintaro told him that Mr. Watkins was dead and asked him to call 911 too.

Officer Donald Lee of the Kansas City Police Department was the first officer to arrive at Mr. Watkins’s home. When Officer Lee entered the residence, he noticed a strong odor of natural gas, a lit candle in the living room, a small dog tied to a chair in the living room and Mr. Watkins lying on the floor of the bedroom. Officer Lee noticed a laceration on Mr. Watkins’s throat and dried blood covering his face and neck. Officer Lee went into the kitchen and shut off the gas burners on the stove while his partner blew out the candle.

Crime investigators went to Mr. Watkins’s home the same day to take photographs and collect evidence. The investigators discovered several bloody footprints on the kitchen floor and in the bathroom. The investigators also discovered a broken metal blade and the shaving kit, minus the $3,100.00, on the kitchen floor. Strands of hair were collected from Mr. Watkins’s chest and shoulders. Additionally, a clump of hair that Mr. Watkins was clutching in his left hand was taken. Footprints were lifted from various locations within Mr. Watkins’s home.

Dr. Thomas Young conducted an autopsy of Mr. Watkins’s body. He determined that Mr. Watkins died sometime in the morning or early afternoon of Saturday, September 23, 1995, within minutes of being repeatedly stabbed in the neck. Dr. Young noted that Mr. Watkins had been stabbed ten times in the neck and had superficial cuts on his face and neck. Mr. Watkins also showed signs of blunt injuries to his shoulders and back indicating sustained pressure had been applied to that area of his body. The type and nature of his injuries suggested Mr Watkins had been stabbed during a struggle but because he suffered from emphysema, a chronic lung disease, his ability to sustain a lengthy struggle might have been severely limited.

Detectives Laurie Borkowski and Alissa Prince were assigned to investigate Mr. Watkins’s death. The detectives took photographs to Tony Pickens on Monday, September 25, to determine if he could identify the man who had taken the television set from Mr. Watkins’s home. Tony identified William Harvey.

Detectives Borkowski and Prince played the tape on Mr. Watkins’s answering machine and began contacting all of the callers they were able to identify. Ms. Brown had left her name on the answering machine and the detectives located her telephone number in Mr. Watkins’s address book. Ms. Brown met with the detectives on Tuesday, September 26, and voluntarily gave the police a hair sample, fingerprints, foot impressions, a pair of white tennis shoes and allowed a police officer to photograph her.

Ms. Brown told the police that a friend, Derrick Carr, took her to Mr. Watkins’s home at 10:00 p.m. on Saturday, September 23. She stated that Ms. Pickens, Ms. Roper, Ms. Crowe, Ms. Sanders, Mr. Smith and Mr. Watkins were present. Ultimately, Mi-. Smith and the four women left, and she went downstairs with her baby to sleep. While she was downstairs sleeping, she heard a knock at the door and heard Mr. Watkins say, “come in.” She heard sounds of a male and a female talking and then heard the sound of “something fall.” During the night, someone came down the stairs, peeked through the open doorway at her, “gasped at her,” closed the door and went back upstairs. Late Saturday morning, she went upstairs to use the bathroom and realized she had [578]*578stepped in something wet and was leaving footprints while she walked. When she attempted to find what she had stepped in, she noticed Mr. Watkins’s body. Ms. Brown stated she was so upset she went to the kitchen to retrieve a bottle of gin and began drinking. She acquired her belongings, left the house, and walked to a park. She then got a ride home from an unknown male.

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State v. Brown, 958 S.W.2d 574, 1997 Mo. App. LEXIS 2218, 1997 WL 753993 (Mo. Ct. App. 1997).

958 S.W.2d 574 (State v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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