State v. Crandell

604 So. 2d 123, 1992 WL 143533
CourtLouisiana Court of Appeal
DecidedJune 24, 1992
Docket23872-KA
StatusPublished
Cited by12 cases

This text of 604 So. 2d 123 (State v. Crandell) 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. Crandell, 604 So. 2d 123, 1992 WL 143533 (La. Ct. App. 1992).

Opinion

604 So.2d 123 (1992)

STATE of Louisiana, Appellee,
v.
James C. CRANDELL, Appellant.

No. 23872-KA.

Court of Appeal of Louisiana, Second Circuit.

June 24, 1992.

*125 Ford E. Stinson, Jr., Joseph M. Clark, Sr., Asst. Indigent Defenders, Shreveport, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, James M. Bullers, Dist. Atty., Minden, for appellee.

Before NORRIS, LINDSAY and HIGHTOWER, JJ.

LINDSAY, Judge.

The defendant, James C. Crandell, was convicted of first degree murder, in violation of LSA-R.S. 14:30. Due to the jury's inability to unanimously recommend the death penalty, he was sentenced to life imprisonment at hard labor without benefit of probation, parole or suspension of sentence. The defendant appealed his conviction. For the reasons assigned below, we affirm.

FACTS

In the summer of 1989, the defendant, his female companion, Gail Willars, and her eight-year-old son, Zachary Willars, were temporarily living in Room 15 of the Beacon Manor Motel in Bossier City. On August 20, 1989, the day before the trio was to be evicted from the motel, Ms. Willars decided to prostituteherself to raise funds. She returned to Room 15 with the victim, Charles Parr, who had hired her to perform an act of prostitution. When she and Mr. Parr were disrobing, the defendant emerged from the bathroom (where he had been hiding with Zachary) and attacked Mr. Parr. The victim was subdued, bound, and put in a closet. At some point, he was struck on the head with a frying pan at least four times. Mr. Parr's wallet and jewelry were removed. The victim was still alive when he was placed in the closet, but he subsequently died as the result of his injuries. After cleaning up the motel room, the defendant, Ms. Willars, and Zachary fled in Mr. Parr's car.

The next morning, Mr. Parr's body was discovered in the closet by a motel maid. The Bossier City police issued warrants for the arrest of the defendant and Ms. Willars.

On August 29, 1989, the defendant and Ms. Willars were arrested in Chicago. Several of Mr. Parr's personal items were found in the house where the couple was apprehended. (Other items, such as his jewelry and car, which had already been sold by the defendant and Ms. Willars, were also recovered by the Chicago police.) That afternoon, Ms. Willars gave a statement in the presence of three Chicago detectives. Subsequently, the defendant and Ms. Willars waived extradition and were returned to Louisiana.

The defendant and Ms. Willars were charged with first degree murder, and the state sought the death penalty. The defendant entered pleas of not guilty and not guilty by reason of insanity. However, he subsequently withdrew his plea of not guilty by reason of insanity. (At a sanity commission hearing, the defendant was *126 found competent to stand trial and assist in his defense.)

On February 5, 1991, a hearing was held on the defendant's motion to recuse the district attorney's office. The motion was based upon the premise that a former indigent defender, who briefly represented the defendant, had thereafter been hired as an assistant district attorney. The court recused the assistant district attorney in question but declined to recuse the entire district attorney's office.

Trial began on February 11, 1991. The jury convicted Ms. Willars of the responsive verdict of second degree murder. However, the defendant was convicted of first degree murder. At the conclusion of the sentencing portion of the defendant's trial, the jury was unable to unanimously recommend the death penalty. Consequently, the defendant was sentenced to life imprisonment without benefit of probation, parole or suspension of sentence.

The defendant appealed. He assigned as error the following: (1) the trial court erred in allowing the prosecution to call a rebuttal witness for impeachment purposes when the defendant had not been given notice that his co-defendant had given a statement to the witness; (2) the trial court erred in not granting the jury's request during deliberations to review letters written by the defendant to his co-defendant; (3) the trial court erred in failing to grant the defendant's motion to recuse the district attorney's office; (4) the trial court erred in failing to grant the defendant's Batson challenges to the prosecutor's exclusion of several black prospective jurors; and (5) the trial court erred in finding that the co-defendant's son, who was nine years old at the time of trial, was competent to testify.

REBUTTAL WITNESS

The defendant contends that the trial court erred in allowing the state to call Detective Edward Winstead of the Chicago Police Department as a rebuttal witness to impeach the testimony of his co-defendant, Ms. Willars. He argues that he was not given notice that Ms. Willars' statement to the Chicago police was given in Detective Winstead's presence.

Following her arrest in Chicago, Ms. Willars was first questioned by Detective James Cassidy. After this initial interview, two other detectives, one of whom was Detective Winstead, entered the interrogation room and were present while Detective Cassidy took a written statement from Ms. Willars. Although these other detectives occasionally asked questions, Detective Cassidy was the primary interviewer. As such, he took notes of Ms. Willars' statements and authored the resulting report.

In the state's supplemental response to discovery filed on June 8, 1990, the state informed the defense that Ms. Willars had made statements to the arresting officer, Detective Cassidy. It also filed copies of the pages of Cassidy's report containing the summary of her verbal remarks. (However, the state did not provide the portions of the report signed by Detective Winstead.)

Detective Cassidy testified during the state's case in chief and then returned to Chicago. Ms. Willars subsequently took the stand in her own defense. The state thereafter presented the testimony of Detective Winstead to impeach portions of Ms. Willars' testimony as to her statements to the Chicago police. The defendant objected to the detective's testimony because he had not been given notice that Ms. Willars' statement had been made to Detective Winstead. The court overruled the objection and allowed the detective to testify.

An analogous situation arose in State v. Schrader, 518 So.2d 1024 (La.1988), habeas corpus denied, 904 F.2d 282 (5th Cir.1990), cert. denied, ___ U.S. ___, 111 S.Ct. 265, 112 L.Ed.2d 221 (1990). There, the defendant objected to the testimony of the victim's sister that she had heard an argument between the defendant and his wife wherein the defendant threaten to set fire to the house where the victim later died. He contended that the state had never divulged the sister's name during discovery. However, the court found that by informing the defendant that it intended to use statements he made to his wife, the state *127 had complied with the provisions of LSA-C.Cr.P. Art. 716(B), which governs what the state must disclose to the defendant about statements to be used at trial. The court stated:

La.C.Cr.P. art. 716(B) did not require the state to disclose the contents of the statement and the prosecutor was therefore in literal compliance with the discovery articles. As he argued at trial, "[a]ll the law says is [that] I got to tell him who the statement was made to. I don't have to tell him who heard it...."

518 So.2d at 1031.

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Cite This Page — Counsel Stack

Bluebook (online)
604 So. 2d 123, 1992 WL 143533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-crandell-lactapp-1992.