State v. Eisbruckner

688 So. 2d 39, 96 La.App. 5 Cir. 252, 1997 La. App. LEXIS 25, 1997 WL 13215
CourtLouisiana Court of Appeal
DecidedJanuary 15, 1997
DocketNo. 96-KA-252
StatusPublished
Cited by4 cases

This text of 688 So. 2d 39 (State v. Eisbruckner) 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. Eisbruckner, 688 So. 2d 39, 96 La.App. 5 Cir. 252, 1997 La. App. LEXIS 25, 1997 WL 13215 (La. Ct. App. 1997).

Opinion

11 GAUDIN, Judge.

Herman Eisbruckner was convicted by a Jefferson Parish jury of the second degree [40]*40murder of Mrs. Dorothy Geoghegan, who died of asphyxia due to smoke inhalation. The state contended and the jury found that Eisbruckner set fire to Mrs. Geoghegan’s residence on July 31, 1991 while she was inside. We affirm.

The main evidence against Eisbruckner was the testimony of his wife, Gloria, who placed Eisbruckner at the crime scene, 21 Colonial Club Drive in Harahan, Louisiana, and also said that Eisbruckner admitted killing Mrs. Geoghegan.

On appeal, Eisbruckner assigns two district court errors:

(1) the trial judge erred in admitting evidence of other crimes, i.e., evidence of other fires intentionally set by him; and

(2) the evidence was insufficient to support a guilty verdict.

An arson investigator testified at trial that the Geoghegan fire had four separate points of origin. Mrs. Geoghegan, who had numerous physical ailments and who could not walk without assistance, was unable to use a so-called lifeline button because, according to police testimony, she had been knocked unconscious before the fire was started.

Mrs. Eisbruckner was hired in early 1990 to be Mrs. Geoghegan’s caretaker, dropping by periodically during the day to tend to Mrs. | aGeoghegan’s needs. During the course of her employment, Mrs. Eisbruckner began embezzling money from Mrs. Geoghe-gan through credit card fraud and through unauthorized transfer of funds from an investment account. Approximately $45,000.00 was embezzled before Mrs. Geoghegan’s children became suspicious. A meeting between Mrs. Eisbruckner and the children to discuss Mrs. Geoghegan’s finances was scheduled for the day of the fire.

Early that morning (July 13, 1991), Mrs. Eisbruckner said that she and her husband drove to Mrs. Geoghegan’s home. This was about 4:30 a.m. Mrs. Eisbruckner said she left Eisbruckner at Mrs. Geoghegan’s house while she (Mrs. Eisbruckner) went to a nearby lime Saver store for coffee and juice for Mrs. Geoghegan. Mrs. Eisbruckner testified that she knew Eisbruckner had entered the Geoghegan residence before she left because she saw the kitchen light go on. When Mrs. Eisbruckner returned, she said, Eisbruckner was outside pacing in the walkway. Mrs. Eisbruckner then drove her husband home, she said, and returned to the Geoghegan residence to find smoke coming out of the door. She summoned help but it was too late to save Mrs. Geoghegan.

From the record, it appears that Eisbruck-ner was completely supported financially by his wife.

ASSIGNMENT NO. 1

Prior to trial, the prosecution notified Eisbruckner that it intended to use evidence of other crimes. The notice read:

“In accordance with the La.Code of Evidence, Article 404b (1), you are hereby notified that the State of Louisiana intends to use evidence of other crimes and threats committed by the defendant. The State will show (through evidence to be presented at the hearing on this matter) that 1) on 11/13/77 the ^defendant set fire to Apt. 18-C of the Andrews Gardens Apartments (in Charleston, S.C.) And on 02/18/78 pleaded guilty to Malicious Injury to Real Property 2) on 03/18/80 the defendant set fire to his bunk mattress in the City Lockup in Charleston, S.C. and pleaded guilty to damage of private property and 3) on or about January 1992 threatened to burn down a trailer located at 247 Marmandie Ave.
“The purpose of using said crimes and threats is to show the defendants (sic) knowledge, intent, system and motive.

Following a so-called Prieur hearing, the trial judge issued the following ruling:

“As to the Prieur motion the evidence of other crimes by the defendant is hereby allowed. The Court believes that the State’s purpose in introducing this evidence is to show the defendant’s knowledge, intent, system and motive. This evidence is not being introduced to prove the character of the accused.
“Under Article 404(B) as well as Prieur and its progeny, the criteria for introduction of evidence of other crimes is the evidence is not merely repetitive and cumulative; the evidence is introduced for a
[41]*41relevant purpose, and it’s not a subterfuge for depicting the defendant’s bad character; and the evidence introduced serves the actual purpose for which it is offered.
“Here, all of the other offenses the State wants to introduce involve the intentional use of fire or arson, or the conscious threat to use fire or arson by the defendant. Clearly, these crimes are similar enough to be relevant to proving the offense of First Degree Murder1 during the commission of an aggravated arson.
“The fact that the crimes are not identical and that they are not closely related in time is irrelevant under the cases interpreting Prieur.
“Because this evidence of other crimes it is not cumulative or repetitive, and because it is not a subterfuge for depicting defendant’s bad character and because it is relevant to prove defendant’s knowledge, intent, system and motive it is hereby allowed.”

Eisbruckner filed for writs but this Court denied the application, finding no error. At trial, evidence of the two prior crimes and the January, 1992 threat were admitted.

14Under State v. Prieur, 277 So.2d 126 (La.1973), and Art. 404B, the basic criteria for introduction of evidence of other crimes, as correctly stated by the trial judge, is (1) the evidence is not merely repetitive and cumulative, (2) the evidence is introduced for a relevant purpose and is not a subterfuge for depicting the defendant’s bad character and (3) the evidence serves the actual purpose for which it is offered. See also State v. Hatcher, 372 So.2d 1024 (La.1979).

Here, we cannot say the trial judge erred. Eisbruckner’s inclination to intentionally set things on fire when upset or provoked was relevant to show he intended to and did in fact set fire to Mrs. Geoghe-gan’s house. Evidence of other crimes is allowed when the probative value outweighs its prejudicial effect. See State v. Hamilton, 478 So.2d 123 (La.1985), cert, denied at 478 U.S. 1022, 106 S.Ct. 3339, 92 L.Ed.2d 743 (1986).

Although the prior fires were set in 1977 and 1980, some years before Eisbruckner’s three-day trial in September, 1995, this is a matter which addresses itself to the weight of the evidence and not its admissibility. See State v. Frezal, 278 So.2d 64 (La.1973); also, State v. Driggers, 554 So.2d 720 (La.App. 2 Cir.1989), and State v. Howard, 520 So.2d 1150 (La.App. 3 Cir.1987).

There is no reversible error in this assignment of error.

ASSIGNMENT NO. 2

In this assignment of error, Eisbruck-ner argues that his wife had the better motive for wanting to kill Mrs. Geoghegan and that her (Mrs. Eisbruekner’s) testimony at trial was “preposterous” and “incredible.” Mrs. Eisbruckner was originally indicted for the murder of Mrs. Geoghegan; further investigation, however, revealed Eisbruckner’s involvement. The Ucase was resubmitted to the Grand Jury, which then indicted Eis-bruckner.

At trial, Mrs. Eisbruckner admitted being a liar, thief and embezzler. No stone was left unturned in the defense’s assault on her character and credibility.

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Cite This Page — Counsel Stack

Bluebook (online)
688 So. 2d 39, 96 La.App. 5 Cir. 252, 1997 La. App. LEXIS 25, 1997 WL 13215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-eisbruckner-lactapp-1997.