State v. Greene

967 P.2d 106, 192 Ariz. 431, 280 Ariz. Adv. Rep. 20, 1998 Ariz. LEXIS 634
CourtArizona Supreme Court
DecidedOctober 20, 1998
DocketCR-96-0502-AP
StatusPublished
Cited by158 cases

This text of 967 P.2d 106 (State v. Greene) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Greene, 967 P.2d 106, 192 Ariz. 431, 280 Ariz. Adv. Rep. 20, 1998 Ariz. LEXIS 634 (Ark. 1998).

Opinions

OPINION

MARTONE, Justice.

¶ 1 A jury convicted Beau John Greene of first degree murder (both premeditated and felony murder), robbery, kidnapping, theft, [435]*435and six counts of forgery. The trial court sentenced him to death for the murder conviction, and to terms of imprisonment for the noncapital crimes. Appeal to.this court is automatic under Rules 26.15 and 31.2(b), Ariz. R.Crim. P., and direct under A.R.S. § 13 — 1031. We affirm except as to the kidnapping conviction.

I. BACKGROUND

¶ 2 Roy Johnson, a music professor at the University of Arizona, was last seen around 9:30 p.m. on February 28, 1995. He was leaving the Green Valley Presbyterian Church where he had just given an organ recital. Although his wife expected him home before 10:00 p.m., the ordinarily punctual Johnson did not make it back that night. Four days later, authorities found his body lying face down in a wash. Greene admitted at trial that he killed Johnson.

¶ 3 Greene testified that he had been using methamphetamine continuously for several days preceding the murder and that he had neither slept nor eaten much during that time. He said that he was suffering from withdrawal from drugs when he killed Johnson.

¶4 The day of the murder, Greene’s Mends, Tom Bevan and Loriann Verner, told Greene he could no longer stay in their trailer located west of the Tucson Mountains. A drug dealer had threatened to shoot Greene over an outstanding debt and Bevan and Verner feared Greene’s presence in their trailer would ruin their relationship with the drug dealer. Greene stole a truck and drove to Tucson where the truck broke down. Sometime that night, during Johnson’s drive home from the concert, Greene and Johnson crossed paths, but the record does not tell us how.

¶ 5 Greene’s story, disbelieved by judge and jury, is as follows. Johnson approached Greene in a park. Greene claims that Johnson wanted to perform oral sex on him, and offered to pay him for it. Greene accepted, and the two drove to a secluded parking lot in Johnson’s ear. Greene says he then changed his mind and told Johnson that he would not follow through. In response, Johnson purportedly smiled and touched Greene’s leg. Greene claims he “freaked out” at Johnson’s touch, and struck him several times in the head with his fist. He moved Johnson’s motionless body to the back of the car, drove to a wash, and dumped the body. Next, Greene says, he walked back to the car and drove away. He claims he then realized that he needed money so he returned to the wash, walked down to the body, and stole Johnson’s wallet.

¶ 6 Several pieces of evidence undermine Greene’s version of the killing. First, medical testimony indicates that a heavy flat object — not a human fist — damaged Johnson’s skull. Fist bones striking a person’s head will ordinarily shatter long before the thick bones of the skull, yet neither of Greene’s hands were injured. Second, only one set of tire tracks and footprints entered and left the wash, suggesting that Greene did not return for the wallet, but had it with him when he left immediately after the murder. Third, Greene told Bevan he beat someone to death with a club and dumped the body near Gates pass.

¶ 7 After dumping Johnson’s body in the wash, Greene drove Johnson’s car directly to the Bevan/Verner trailer. He told Bevan about the killing. Greene asked Bevan for some clean shoes. He also took a small rug to cover the bloody car seats.

¶ 8 Greene left the trailer and headed for K-mart, the first of several stops he made on a spending spree using Johnson’s cash and credit cards. To explain any discrepancies between his signature and those on the credit cards, Greene wrapped his hand with K-Y jelly and gauze and feigned injury. Among other things, he bought clothes, food, camping gear, a scope and air rifle, and a VCR (which he later traded for methamphetamine). He eventually abandoned Johnson’s car in the desert. On March 2nd, the police arrested Greene at a Mend’s house.

II. ISSUES

Greene raises the following issues:

[436]*436A. Trial Issues

1. Whether the trial court committed reversible error by allowing Johnson’s wife to testify regarding Johnson’s moral values;
2. Whether the trial court committed reversible error in denying appellant’s motion for a directed verdict as to count three, robbery;
3. Whether the evidence was sufficient to sustain a conviction for kidnapping;
4. Whether the felony murder conviction cannot stand because the predicate felony convictions are invalid;
5. Whether the trial court committed reversible error by allowing the state to elicit testimony concerning letters Greene wrote after his arrest to Tom Bevan and Joseph Fausto (a.k.a.“Dr.G.Jones”).

B. Sentencing Issues

1. Whether the trial court committed reversible error by admitting into evidence and relying upon in the aggravation/mitfgation hearing a letter Greene wrote to Christina George after his conviction;
2. Whether the imposition of the death penalty was improper;
3. Whether the trial court committed reversible error by imposing aggravated consecutive sentences on the noncapital offenses;

III. ANALYSIS

A. Trial Issues

1. WIDOW’S TESTIMONY

¶ 9 Greene claims the trial court erred by failing to limit Johnson’s widow’s testimony to the specific character trait of heterosexuality. The state recalled Mrs. Johnson to rebut the testimony of Greene’s former girlfriend who testified that Greene had told her that he killed Johnson in response to a homosexual advance. Mrs. Johnson testified that Greene’s claim “was preposterous____[Johnson] was a man of great honor and integrity, of great moral principle, of deep, abiding faith. And most importantly, he was devoted to me as I was to him.” Tr. of Mar. 12,1996, at 92.

¶ 10 Greene agrees that once a victim’s sexual preference is put in issue, the state may offer rebuttal evidence regarding the victim’s heterosexuality. See State v. Rivera, 152 Ariz. 507, 518, 733 P.2d 1090,1101 (1987); see also Rule 404(a)(2), Ariz. R. Evid. But accusing a married person of making a non-spousal sexual advance places far more than sexual preference in issue. All sorts of character issues are implicated, such as fidelity, integrity, honesty, trustworthiness, and loyalty. Thus, for purposes of rebuttal, Greene’s accusation implicated all of these.

¶ 11 Mrs. Johnson’s testimony that her husband was devoted and faithful to her tends to show that the victim would not have made sexual advances toward Greene. Her testimony that he was a man of honor, integrity, and good moral character directly rebuts Greene’s accusations of Johnson’s infidelity.1 Admission of the testimony in question was proper rebuttal evidence. Rule 404(a)(2), Ariz. R. Evid. There was no error.

2. SUFFICIENCY OF THE EVIDENCE-ROBBERY

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Cite This Page — Counsel Stack

Bluebook (online)
967 P.2d 106, 192 Ariz. 431, 280 Ariz. Adv. Rep. 20, 1998 Ariz. LEXIS 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-greene-ariz-1998.