State v. Clark

980 S.W.2d 594, 1998 Mo. App. LEXIS 2191, 1998 WL 839282
Missouri Court of Appeals·Decided December 7, 1998·No. No. 21825·Published·Cited by 1 cases

Opinion

CROW, Judge.

Appellant, charged with murder in the first degree, § 565.020,1 was tried by jury and found guilty of murder in the second degree, § 565.021. The jury assessed punishment at life imprisonment. The trial court entered judgment per the verdict. This appeal followed.

Appellant’s sole point relied on is:

“The trial court erred in refusing to allow Appellant to present the testimony of surrebuttal witnesses Leann Blakey and Shirley Campbell, because the court’s ruling violated Appellant’s rights to present a defense, to due process of law, and to a fair trial, as guaranteed by [sundry federal and state constitutional provisions], in that the testimony of Ms. Blakey and Ms. Campbell was relevant to the issue of Appellant’s mental state at the time of the offense. Both witnesses could have supported Appellant’s and her family’s reports to Dr. Dorothy Lewis that Appellant had experienced physical and emotional abuse as a child. Such evidence tended to prove a disputed fact related to a principal issue in the case, since Dr. Lewis’s opinion as to Appellant’s mental state was based in part on Appellant’s history of repressing her anger at the abuse she suffered both as a child and as a young adult.”

Appellant does not challenge the sufficiency of the evidence to support the verdict, hence this opinion summarizes only the evidence pertinent to Appellant’s claim of error.

Appellant rented an apartment and moved into it in the summer of 1995. In December 1995, Shawna Daly began residing there with Appellant. By January 1996, several other people had begun residing with Appellant and Daly.2

Brandy Uber resided in an apartment across the hall from Appellant’s apartment. Sometimes, Appellant slept in Uber’s apartment because there was nowhere for Appellant to sleep in her own apartment. Appellant complained to Uber that Daly “ruined” [596]*596Appellant’s apartment and never did “anything to clean [it].”

Appellant’s landlord eventually told Appellant she had to expel the other occupants from her apartment or move out herself. Appellant told the landlord she would “be out by the 1st of February [1996].”

Appellant was still occupying the apartment February 1, so her landlord gave her an eviction notice. Appellant assured the landlord she would “be out Saturday.”

On Friday afternoon, February 2, Appellant and Daly were alone in Appellant’s apartment. Appellant’s account of what occurred, as revealed by her to investigators, is set forth in the ensuing five paragraphs.

Daly was asleep on the floor. Appellant “began running bath water.” At that point, Appellant “had the urge to kill [Daly].”

Appellant decided to “knock [Daly] out with a crutch which was in the house and then drown her in the bathtub.” Appellant struck Daly on the head with the crutch “approximately ten times.” Daly sat up and yelled at Appellant to stop. Appellant did.

After an interval of “several minutes,” Appellant decided to hit Daly on the head with a “candlestick holder.” Appellant delivered the blow while Daly was “sitting on the floor.” After the blow, “there was blood coming from [Daly’s] head.”

Appellant concluded she would be unable to knock Daly out, so Appellant picked up an “Ace type bandage which was lying on the floor next to [Daly].” Appellant wrapped the bandage around Daly’s throat, then “tied it and held it.” Appellant picked up a second bandage from the floor and wrapped it around Daly’s throat.

Daly “struggled for approximately five minutes,” then quit breathing. Appellant drug Daly’s corpse into the bathroom and “placed it in the bathtub full of water.” Later, Appellant “went back in and drained the water.”

An autopsy revealed Daly died of strangulation. There were three “deep bruises” in the scalp and “defensive” bruises on the arms and wrists.

At the instance of Appellant’s lawyers, Dorothy Otnow Lewis, a psychiatrist, evaluated Appellant. Lewis concluded Appellant “does not suffer from neurological problems” and has no “mental disease or defect.” Instead, Lewis determined that Appellant “was in an altered state at the time that she committed this act.” Lewis explained, “I think my colleagues may call it a dissociative state.”

Appellant was described by Lewis as a “compassionate, caring, giving person, who was never angry.” Asked whether there was anything in Appellant’s background that could have caused her “altered state,” Lewis recounted that Appellant’s father was an “extremely violent” alcoholic, Appellant’s mother had “some serious psychiatric problems,” and Appellant’s stepfather (whom Appellant’s mother married upon divorcing Appellant’s father) was a harsh disciplinarian who beat Appellant. According to Lewis, Appellant’s co-workers had seen Appellant “come to work with black and blue marks.”

Lewis told the jurors that Appellant had to do the housework, the cooking, and the laundry. If her mother or stepfather was dissatisfied with the results, Appellant had to do the tasks “all over again.”

Endeavoring to explain why Appellant killed Daly, Lewis hypothesized that after years of suppressing her anger about the way she was treated, Appellant “suddenly snapped, and all of the rage that she had been suppressing for years ... erupted.” Lewis surmised Appellant’s outburst was triggered by the rowdy conduct of the people who “camped” in her apartment, the “mess” they habitually made which she had to clean up, and the imminence of her eviction.

On cross-examination, the prosecutor asked Lewis whether she had any “objective report or evidence” to corroborate the alleged abuse inflicted on Appellant by her father, mother and stepfather. Lewis responded:

“I believe that two of the co-workers considered, when [Appellant] was eighteen years old ... making a report to DFS ... [597]*597I believe it was Ms. Lakey[3] and Ms. Campbell — and then they decided not to, because they thought she was too old and that probably DFS would not become involved. I consider that independent, outside confirmation.”

After the completion of Lewis’s testimony, Appellant’s lawyer, outside the hearing of the jury, told the trial court:

“I would propose to call Leann Blakey and Shirley ... Campbell ... as witnesses for the defense. It’s my understanding that [the prosecutor] opposes that based on conversations yesterday. They would be called to verify the abuse situations that Dr. Lewis talked about.”

The prosecutor objected because Blakey and Campbell “were not endorsed by the defense for trial” and their testimony would be “a collateral matter.” The prosecutor added:

“[W]hether or not these people saw bruising or black eyes is irrelevant because they can’t testify as to where they came from. And the fact that the defendant told them that she was abused ... that’s hearsay.”

The trial court denied Appellant’s lawyer’s request to present Blakey and Campbell as witnesses.

Later in the trial, the prosecutor presented Richard Denny Wetzel, a clinical psychologist, as a rebuttal witness. Wetzel recounted that he examined Appellant a month before trial. He concluded Appellant did not have a mental disease or defect at the time she killed Daly.

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State v. Clark, 980 S.W.2d 594, 1998 Mo. App. LEXIS 2191, 1998 WL 839282 (Mo. Ct. App. 1998).

980 S.W.2d 594 (State v. Clark) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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