State v. Freeman

503 So. 2d 753
Louisiana Court of Appeal·Decided March 4, 1987·No. CR 86-708·Published·Cited by 11 cases

Opinion

503 So.2d 753 (1987)

STATE of Louisiana, Plaintiff-Appellee,
v.
Donald Ray FREEMAN, Defendant-Appellant.

No. CR 86-708.

Court of Appeal of Louisiana, Third Circuit.

March 4, 1987.

*754 Julie Cullen, Opelousas, for defendant-appellant.

Morgan Goudeau, III, Dist. Atty., I. Jackson Burson, Asst. Dist. Atty., Opelousas, for plaintiff-appellee.

Before GUIDRY, STOKER and LABORDE, JJ.

LABORDE, Judge.

On April 12, 1985, defendant, Donald Ray Freeman, was charged by grand jury with first degree murder, aggravated burglary, and armed robbery. A jury of twelve on January 10, 1986, found defendant guilty of first degree murder, a violation of LSA-R.S. 14:30. The trial judge sentenced defendant to life imprisonment without benefit of probation, parole or suspension of sentence. Defendant appeals his conviction urging three assignments of error. We affirm.

FACTS

At 7:00 a.m. on Thursday, April 11, 1985, Claude Guidry, a 75 year old farmer, was found murdered in his rural residence in St. Landry Parish. Police quickly arrived and secured the area. The coroner's report estimated the time of death to be 7:00 p.m. on the previous evening. The autopsy showed that the victim had been shot in the head with a 12-gauge shotgun. The victim's pockets had been emptied and several *755 household items were determined to be missing.

After interviewing several neighbors about the murder, the police learned that the victim had last been seen alive at approximately 5:30 p.m. on the previous evening. Neighbors reported hearing a gunshot report coming from the victim's house around 7:00 p.m.[1] Neighbors also reported seeing the victim's automobile coming out of the Guidry residence at a high rate of speed approximately 10 to 15 minutes after hearing the shot. Another neighbor testified that the car was being driven by a black man wearing a tan cap. The victim's car was found at approximately 7:30 a.m. near Grand Prairie, Louisiana, on April 11, the morning the victim's body was discovered.

Upon investigating the victim's residence and surrounding fields, police discovered numerous footprints made by a pair of shoes with serrated soles, such as a tennis shoe. The shoe prints were found both inside the residence and in the yard where they led to a small rental house owned by the victim. The rental house was located approximately 100 yards from the Guidry residence and was separated from the main residence by a field. The house (hereinafter referred to as the Fontenot residence) was occupied by Ethlene Fontenot, her common-law-husband and her children. Defendant, Donald Ray Freeman, also resided in the house as the boyfriend of Frunella Fontenot, the daughter of Mrs. Fontenot. All of the occupants of the Fontenot residence were black. The police learned that Mr. Guidry had recently ordered the Fontenots to vacate the house; the police were also told the victim had been in an altercation with one of the male residents of the Fontenot residence.

On the evening of April 11, the police, apprised of these facts, asked Ethlene Fontenot for permission to search her residence for "caps, shoes, and evidence pertaining to the murder of Claude Guidry." The police explained the permission to search form and obtained Mrs. Fontenot's signature. Three officers proceeded to her house to search the premises.

Upon arriving at the Fontenot residence, one officer noticed shoe prints very similar to those at the scene of the murder. After searching the house, the police found a pair of gray running shoes in the bedroom occupied by defendant. The shoes appeared to have the same tread design as those detected in the Guidry residence. When defendant was asked who owned the shoes, he responded that they were his cousin's who was already at the police station. Police seized the shoes, a 12-guage shotgun, and a tan cap, all found in the Fontenot house. The cap was later identified by Frunella Fontenot as belonging to defendant.

Two of the three officers left to compare the shoe tread with the shoe prints at the murder scene. The soles matched the prints precisely. The third officer stayed to search the outside of the Fontenot residence for more prints. Defendant accompanied him. Noticing that defendant was barefooted, the officer asked him where his shoes were. Defendant replied that the deputies had taken his shoes. At this point the officer asked defendant to go to the sheriff's office to discuss the Guidry murder. Defendant agreed to accompany the officer. Defendant was read his Miranda warnings and another officer accompanied him to the station.

Defendant was again advised of his rights when he arrived at the station at 10:30 p.m., and signed a "waiver of rights" card. Defendant was questioned off and on for approximately 5 hours at the sheriff's office. When defendant was initially questioned as to his whereabouts at the time of the murder, defendant answered that he had walked to Plaisance and then hitchhiked a ride into Opelousas. While there, he talked to no one in particular and then hitchhiked a ride to his Uncle's (Michael Freeman) house in Plaisance. After this, both defendant and his uncle went to Opelousas and "messed around"; then defendant's uncle drove him home around 10:00 p.m.

*756 Police immediately attempted to verify defendant's story with his uncle; however, the uncle denied defendant's version of events. Michael Freeman, the uncle, told police that defendant had come to his house on the evening in question around 8:00 p.m. Defendant offered his uncle tires from the victim's Buick, but defendant's offer was declined. Uncle Freeman stated that he was requested to pick defendant up in Grand Prairie. Defendant then drove the Buick to Grand Prairie and abandoned it on a deserted gravel road. Thereafter, the two drove to Opelousas where defendant told his uncle that he had a T.V. and a shotgun that he wanted to sell. The uncle refused to aid the defendant with a sale of these items and eventually drove defendant home to the Fontenot residence around 9:45 p.m. Defendant gave a written statement of his whereabouts at 3:00 a.m. Defendant was formally arrested for the murder of Claude Guidry after his story was discredited by his uncle.

In addition to searching the Fontenot residence, on the night of April 11th, police obtained defendant's permission to search another rental house (the Thierry house) into which defendant and Frunella Fontenot intended to move. Defendant had already paid $100 to the owner, Mrs. Ollie Stevens, for rental of a house and two barns from March 16 to April 16, 1985. On the evening of April 12, 1985, the police, accompanied by Frunella Fontenot, went to the Thierry house and searched for additional evidence. Police found a small trash fire smoldering in a half-sunken bath tub. Two rosaries and a set of keys were found in the debris. The keys were tested and opened the doors to the Guidry residence. The remains of the rosaries were identified at trial as being very similar to those which had belonged to Mrs. Guidry.

On May 24, 1985, the chief of detectives, Roy Mallet, received a telephone call from defendant's cell-mate, Mr. Danny Graffagnino. In exchange for Mr. Mallet assisting Mr. Graffagnino making trusty at Angola, Mr. Graffagnino testified. Through stipulation, the witness testified that defendant had said to him that he had had nothing to do with the murder of Mr. Guidry, but that someone had given him some items to hold; namely, a television and several guns. The witness also related that defendant stated that he had hidden these items

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