State v. Gordon

463 So. 2d 665
CourtLouisiana Court of Appeal
DecidedJanuary 11, 1985
DocketKA 1870
StatusPublished
Cited by5 cases

This text of 463 So. 2d 665 (State v. Gordon) 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. Gordon, 463 So. 2d 665 (La. Ct. App. 1985).

Opinion

463 So.2d 665 (1985)

STATE of Louisiana
v.
Michael J. GORDON.

No. KA 1870.

Court of Appeal of Louisiana, Fourth Circuit.

January 11, 1985.

*667 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Crim. Div., Harry F. Connick, Dist. Atty., William R. Campbell, Jr., Asst. Dist. Atty., New Orleans, for plaintiff-appellee.

Harold Douglas, New Orleans, for defendant-appellant.

Before GARRISON, BARRY and LOBRANO, JJ.

GARRISON, Judge.

The defendant, Michael J. Gordon, was convicted of second degree murder in violation of LSA-R.S. 14:30.1[1] and was sentenced to life in prison without benefit of parole, probation or suspension of sentence. Defendant appeals.

On February 10, 1982, at approximately 10:50 a.m., Janice Spencer was found dead in her home on Thalia Street. According to Dr. Monroe Samuels, a pathologist who conducted the autopsy in this case, Spencer had died as a result of multiple stab wounds sometime between February 8th at 12:30 p.m. and February 9th at 12:30 p.m. Her body was found on the kitchen floor of her apartment. She had been bound and gagged with pieces of clothing. There were no signs of forced entry or burglary in the apartment and, other than a broken crock pot, the apartment was undisturbed.

The police were summoned to the scene by Sister Maureen Carroll of St. Monica's School. Letoya McGary, the young daughter of the victim and a student at St. Monica's, arrived at school an hour after school had started on February 10, 1982. As a secretary attempted to phone the girl's mother, Letoya responded that her mother would not answer if called and that there was blood all over the floor. She also told the secretary that someone named "Bullock" had done this to her mother. The secretary summoned the principal, Sister Maureen Carroll, who accompanied the little girl to her home. Upon their arrival, Sister Maureen heard a radio playing and found Janice Spencer dead on the kitchen floor. She then called the police and went upstairs where she found three small children, Letoya's sisters, who were wet and smelled of urine. After the police arrived, Sister Maureen accompanied Letoya to the police station where the little girl selected the defendant's photograph from a lineup and identified him to police as the perpetrator of this murder.

Michael Gordon was arrested that afternoon at his home. A sweater, jacket and jeans worn by the defendant were seized and tested at the police crime lab. Some human blood stains were found on the sleeve of the jacket but the amount found was insufficient to obtain a blood typing. Police lab technicians were also unable to determine how long the blood had been on the jacket.

At trial, the State's main witness was seven year old Letoya McGary. Letoya testified that she knew a man called Bullock whose real name was Michael Gordon. She identified the defendant as this same *668 person. She also stated that her mother and Gordon were good friends. Letoya testified that on the evening of February 8, 1982, her mother and Bullock were fighting about money and that Bullock tied her mother up and stabbed her many times. She later repeated that she was positive that the defendant was the person who she had watched stab her mother. Letoya testified that after the stabbing, she went upstairs with her three younger sisters and remained there until the morning of February 10, 1982 when she reported to St. Monica's School.

The defense presented several witnesses who testified in the defendant's behalf. The defendant's employer, Larry Scott, and his wife, Mae, testified that the defendant had reported to work as usual on February 8th, 9th and 10th. Both Mr. and Mrs. Scott identified the clothes worn by the defendant on all three days. This testimony was elicited by the defense to show that the clothes worn by the defendant on the day of the murder contained only a small amount of blood which Mr. Scott claimed could have been the result of minor cuts sustained on the job.

Two friends of the defendant, Alfred Johnson and Frank Coleman, testified that they, along with Gordon and a man named Kenny White, went over to Janice Spencer's apartment at approximately 8:00 p.m. on February 8, 1982. Gordon, Johnson and Coleman all testified that they had a friendly visit with Spencer that evening and that the men left at approximately 10:30 p.m. Gordon was allegedly dropped off at his home between 10:30 p.m. and 10:45 p.m.

Several members of the Gordon family testified that the defendant returned home between 10:30 p.m. and 10:45 p.m. that evening and that he did not leave the house again until the next morning when he left for work.

A review of the record reveals that there are no errors patent.

Although not alleged as an assignment of error, the sufficiency of the evidence to support defendant's conviction must be reviewed. State v. Raymo, 419 So.2d 858 (La.1982). Viewing the evidence in the light most favorable to the prosecution, the court must find that there was sufficient evidence presented so that a rational juror could find the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

In this case, an eyewitness to the murder testified that the defendant was the person who tied up Janice Spencer and stabbed her repeatedly. The credibility of this witness and the credibility of alibi witnesses presented by the defense were determinations within the discretion of the jury. Viewing the evidence in the light most favorable to the prosecution, sufficient evidence was presented for a jury to find that the defendant was guilty beyond a reasonable doubt.

On appeal, the defendant alleges twelve assignments of error. However, assignments of error two, four, ten and eleven have not been briefed; therefore, they are deemed abandoned. State v. Smith, 430 So.2d 31 (La.1983).

ASSIGNMENT OF ERROR # 1

The defendant contends that it was reversible error for the trial court to deny defendant's motion to have seven year old Letoya McGary evaluated by an expert psychologist or psychiatrist to determine, not whether she knew that it was wrong to tell a lie, but whether she was capable of testifying factually and accurately under the circumstances. According to the defense, the fact that the child stayed upstairs for two days after allegedly witnessing her mother's murder indicates abnormal behavior. The defense argues that a psychiatric evaluation was needed to determine whether or not the child was capable of separating facts from fiction.

The record in this case indicates that the child was evaluated by a clinical psychologist prior to trial. After this evaluation, Dr. Edward Shwery reported that Letoya McGary was competent to testify in this trial. The trial judge questioned the witness and also determined that she was *669 competent to testify. A trial judge is vested with wide discretion in determining the competency of a witness and, on appeal, his ruling is entitled to great weight. State v. Edwards, 419 So.2d 881 (La.1982).

Defendant makes the argument that Letoya McGary's testimony was inconsistent with her testimony given at defendant's first trial which resulted in a hung jury. Because the transcript of this first trial is not in evidence, it cannot even be considered.

The defendant did not show that a need existed to have Letoya McGary reevaluated to prove her competency to testify at trial.

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

Related

Jones v. Chatelain
148 So. 3d 576 (Louisiana Court of Appeal, 2014)
State v. Huck
644 So. 2d 1099 (Louisiana Court of Appeal, 1994)
State v. Troulliet
643 So. 2d 1267 (Louisiana Court of Appeal, 1994)
State v. Bennett
549 So. 2d 398 (Louisiana Court of Appeal, 1989)
State v. Yochim
496 So. 2d 596 (Louisiana Court of Appeal, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
463 So. 2d 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gordon-lactapp-1985.