State v. Gillam

629 N.W.2d 440, 2001 Minn. LEXIS 487, 2001 WL 777517
CourtSupreme Court of Minnesota
DecidedJuly 12, 2001
DocketC0-00-407
StatusPublished
Cited by26 cases

This text of 629 N.W.2d 440 (State v. Gillam) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gillam, 629 N.W.2d 440, 2001 Minn. LEXIS 487, 2001 WL 777517 (Mich. 2001).

Opinions

OPINION

ANDERSON, PAUL H., Justice.

Before and during his trial, appellant Rodney Gillam, an indigent defendant, repeatedly requested substitute counsel, but the district court refused the request in the absence of an exceptional circumstance affecting the appointed attorney’s ability or competence. The court also excluded [443]*443Gillam from the courtroom on several occasions because of his conduct, including the majority of his trial. Following guilty verdicts on three first-degree murder charges and two second-degree murder charges,1 the court sentenced Gillam to life in prison on Ms first-degree premeditated murder conviction. Gillam appeals to our court directly from his conviction. He asks us to determine whether the court erred when it denied Gillam’s request for substitute counsel and whether Gillam’s conduct was sufficient to warrant his exclusion from the courtroom. Gillam also asks us to determine whether the evidence was sufficient for a jury to find him guilty and whether the jury’s verdicts are legally consistent. We affirm.

Rodney Gillam (hereinafter referred to as Gillam) was convicted of the December 10, 1998 murder of his wife, Ocealess Gil-lam. Gillam is paralyzed from the waist down as the result of an injury sustained 10 years before the murder. At some point after his injury, he developed a severe vascular disease, and in 1996, both of his legs were amputated. Severe complications followed the amputations, and both legs were repeatedly infected. Ocealess Gillam, a nursing assistant, was normally able to provide proper medical care for Gillam’s condition, but in September 1998, when the infections became severe and required additional surgery, Gillam was hospitalized. The events that ultimately led to the murder began with Gillam’s hospitalization in September of that year.

When Gillam was hospitalized in September and October 1998, Ocealess Gillam began working part-time as a flight checker at the LSG Sky Chef. While working there, she met Edward Mokgwathi, and the two began dating. They became intimately involved, but Ocealess Gillam did not tell Mokgwathi that she was married. When Gillam returned from the hospital, he learned of the affair. Mokgwathi testified that Gillam then telephoned to tell him that Ocealess Gillam was married. Shortly thereafter, Ocealess Gillam and Mokgwathi began living together at Mok-gwathi’s Eagan apartment. Gillam was hospitalized again on November 7, 1998, and he was released on December 1, 1998. In early December 1998, after Gillam made many telephone calls to Mokgwathi, Mokgwathi ended his relationship with Ocealess Gillam, and she moved back to the Bloomington apartment she previously had shared with Gillam.

During the evening of December 9,1998, while alone in their residence, Gillam and Ocealess Gillam began arguing and Gillam told Ocealess Gillam that he wanted to kill her. Ocealess Gillam telephoned Mokgwa-thi for help. She told Mokgwathi that her husband had a gun, that he had pointed it at her, and he was waiting for her at the bottom of the stairs with the gun in his hands. Mokgwathi told Ocealess Gillam to call the police, which she did. Ocealess Gillam also telephoned her mother and told her the same story.

A Bloomington police officer responded to the call, but Ocealess Gillam did not tell the officer that Gillam had a gun. She only told the officer that she wanted to leave her husband, and she needed help getting out of the house. The officer escorted Ocealess Gillam outside with some of her personal belongings, and Mokgwathi picked her up in his car. The two then [444]*444went to Mokgwathi’s apartment where she stayed the night.

The next day, Ocealess Gillam made arrangements for a tow-truck to meet her at the Bloomington residence. She then paged Mokgwathi for a ride to the residence in order to meet the tow-truck. He agreed and returned to his apartment to meet her, and he also brought her lunch as she requested. Mokgwathi, who said he had a headache, gave Ocealess Gillam the keys to his car and then went inside to take a nap.

A tow-truck did go to the Gillams’ residence at noon that day. The tow-truck driver testified that when he arrived at the Gillams’ residence, no one was there to meet him. The only car he saw there was the Pontiac Bonneville that belonged to Ocealess Gillam. The driver did not see Gillam’s handicap-equipped Lincoln Town Car, but the driver did see a wheelchair sitting in the parking area. The driver waited for a while and then knocked on the front door. Finding the door partially opened, he knocked again and yelled to ascertain if anyone was inside. No one answered, but before leaving he asked his dispatcher to telephone the Gillams to see if anyone would answer. No one answered the dispatcher’s telephone call.

At approximately 8:30 that evening, Mokgwathi’s roommate returned from a friend’s house. Noticing that the garage door to the apartment was open, he went into the garage and found Ocealess Gillam lying face down on the floor of the garage. He ran inside to tell Mokgwathi. Mok-gwathi then ran to the garage, yelled for help, and a neighbor called 911 for assistance.

The Eagan police department responded to the call. The responding officers testified that they found Ocealess Gillam’s body lying face down near the back of the garage. She was fully clothed, and she was clutching $40 in her hands and also had $3,000 cash in a sock in her pocket. The door of Mokgwathi’s car was open, and inside the car were some belongings Ocealess Gillam had taken from her Blooming-ton residence the night before. Also inside the car was a bag of uneaten fast food, and on the roof of the car was an almost full container of soda from the same fast-food restaurant. The police also found a .380 caliber shell casing just outside the garage stall.

The police interviewed several residents of the apartment complex who stated that they did not witness the homicide, but who did hear two “bangs” coming from the garage area earlier that day at about 12:30-12:40 p.m. The police also interviewed Mokgwathi. He told the officers that Gillam was angry because Ocealess Gillam had left him and that Gillam had recently made death threats against her. Based on this information, the officers contacted the Bloomington police to request assistance in the investigation by locating Gillam at his residence, arresting him, and securing his residence and vehicle pending the execution of a search warrant.

Officers from the Bloomington police department contacted Gillam at his residence that evening where they found him lying in bed. The officers questioned Gillam about how and where he had spent his day, and the officers asked Gillam if he would go to the Eagan police station for further questioning. Gillam agreed, and he was transported there by ambulance. While at the police station, Gillam’s hands were tested for gunshot residue, and his residence and vehicle were searched pursuant to a valid search warrant. Gillam returned to his residence the next day.

The police found particles indicative of gunshot residue on Gillam’s right hand, on the right sleeve of his leather jacket, on [445]*445the interior driver’s side door, and on the interior passenger side door of his car. They also found a .380 caliber cartridge in Gillam’s car.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Minnesota v. Jeremiah Quan Turner
Supreme Court of Minnesota, 2026
State of Minnesota v. Christopher Lawrence Hunt
Court of Appeals of Minnesota, 2025
State v. Davis
461 P.3d 1204 (Washington Supreme Court, 2020)
State of Minnesota v. Taeng Yang
Court of Appeals of Minnesota, 2017
State of Minnesota v. Melissa Rae Guillette
Court of Appeals of Minnesota, 2016
State of Minnesota v. Abel Gonyamonquah Miamen
Court of Appeals of Minnesota, 2016
State of Minnesota v. Rico Patrick Howard
Court of Appeals of Minnesota, 2016
Cesari v. the State
780 S.E.2d 56 (Court of Appeals of Georgia, 2015)
Roderick Morrison v. State
480 S.W.3d 647 (Court of Appeals of Texas, 2015)
State of Minnesota v. Terry Ross Johnson
Court of Appeals of Minnesota, 2015
State of Minnesota v. Travis Clay Andersen
Court of Appeals of Minnesota, 2014
State v. Munt
831 N.W.2d 569 (Supreme Court of Minnesota, 2013)
Carlton v. State
816 N.W.2d 590 (Supreme Court of Minnesota, 2012)
State v. Finnegan
784 N.W.2d 243 (Supreme Court of Minnesota, 2010)
Douglas v. State
214 P.3d 312 (Alaska Supreme Court, 2009)
State v. Caulfield
722 N.W.2d 304 (Supreme Court of Minnesota, 2006)
State v. Clark
698 N.W.2d 173 (Court of Appeals of Minnesota, 2005)
State v. Blom
682 N.W.2d 578 (Supreme Court of Minnesota, 2004)
State v. Benniefield
668 N.W.2d 430 (Court of Appeals of Minnesota, 2003)
State v. Darris
648 N.W.2d 232 (Supreme Court of Minnesota, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
629 N.W.2d 440, 2001 Minn. LEXIS 487, 2001 WL 777517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gillam-minn-2001.