State v. Griese

565 N.W.2d 419, 1997 Minn. LEXIS 432, 1997 WL 333399
CourtSupreme Court of Minnesota
DecidedJune 19, 1997
DocketC4-96-1196
StatusPublished
Cited by51 cases

This text of 565 N.W.2d 419 (State v. Griese) 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. Griese, 565 N.W.2d 419, 1997 Minn. LEXIS 432, 1997 WL 333399 (Mich. 1997).

Opinions

OPINION

KEITH, Chief Justice.

Appellant Leonard Griese appeals from his conviction by an Anoka County jury of two counts of first-degree murder. Griese was sentenced to two consecutive life terms for the May 20, 1995 killings of his tenants, Thomas Trafton and Susan Bishop.

On appeal, Griese raises three grounds for reversal of his convictions and remand for a new trial: (1) the district court erred in limiting the scope of expert witness testimony about his mental condition at the time of the killings; (2) the prosecutor engaged in misconduct by improperly questioning a defense witness about the’ facts underlying the witness’s felony convictions and by disparaging the defense in closing argument; and (3) the district court erred in granting the prosecutor’s motion to dismiss two second-degree murder counts included in the grand jury indictment. He also argues there was insufficient evidence of premeditation to support first-degree murder convictions. We affirm.

On May 20, 1995, at 11:53 a.m., police received a 911 call from a man at Griese’s home in Blaine. The caller, later identified [422]*422as Leonard Griese, told the police operator that he had just killed Trafton and Bishop. Before the operator could get more information, the caller hung up. Officer Gary Gice of the Blaine police department arrived at the Griese home within 10 minutes. After spotting no one through the front door, Officer Gice saw Griese through a bedroom window. Griese said something like, “I killed them both. They’re both dead.” Officer Gice found Trafton and Bishop’s bodies in a basement bedroom. Both had been stabbed multiple times and appeared to be dead.

At the time of the killings, Leonard Griese was 53 years old and had lived in Blaine for 28 years with his wife Theresa. Griese worked as a machinist at FMC for 22 years, but had been disabled and unable to work since an automobile accident and subsequent suicide attempt in 1991. Griese had struggled with alcoholism since the 1970s. Although he briefly stopped drinking as part of a New Year’s resolution in 1995, Griese was drinking again at the time of the killings as well as continuing to take prescription drugs for heart disease (Mexitil, Atenolol) and depression (Effexor).

The Grieses rented out the basement of their home to Trafton and Bishop in the fall of 1994.1 The relationship between the Grieses and their tenants was uneventful through late 1994, although Trafton was not paying his rent. In late 1994 or early 1995, however, Trafton and Griese began to argue about the unpaid rent, which by the time of the killings amounted to just over $1,900. Two of these arguments escalated into shoving matches between Trafton and Griese. By April or May, Griese, Trafton and Bishop argued two or three times weekly, usually over the rent or use of a car Griese bought in Bishop’s name.

On Friday, May 19,1995, Griese made two calls to 911 in an apparent attempt to have Trafton removed from the residence. First, Griese called to complain about Trafton’s drinking and to ask police to take Trafton to a detoxification center. Later that same night, Griese again called 911, claiming that he heard Bishop “hollering downstairs.” When police investigated, they determined that the noise was from the television and was not Bishop. At around midnight, Griese again argued with Trafton and Bishop. Griese testified that at some point that night he thought, “[t]he hell with it” and started drinking.

The next morning, Griese and Trafton again argued about the use of the car. At approximately 8:30 or 9:00 a.m., Anthony Landin saw Griese loading things into the ear in the driveway. Griese waved to Landin and mumbled something. Although Landin testified that he was unable to make out what Griese said in the driveway, Landin testified that at some time in the two days prior to the murder, Griese had said that he hated Traf-ton and wanted him out of the house.

At 10:19 on May 20, Griese called 911 to complain that Trafton had a cylinder of oxygen and was “gonna blow up the neighborhood.” When Officer Gice of the Blaine police arrived to investigate, Theresa Griese answered the door. Leonard Griese refused to either speak to Officer Gice or come out of his room. Theresa explained to the officer that Trafton had an oxygen unit in his room because he had cancer. When questioned about the 911 call, Trafton laughed and told the officer that he was having trouble with his landlord. After being reassured by a “jovial” Trafton and Bishop, Officer Gice left.

Brian Bishop testified that he drove his mother and sister to the grocery store at around 10:30 that morning and went back to sleep on a couch after returning at around 11:30 a.m. He was apparently awakened when Theresa Griese screamed at the sight of Griese heading down the stairs with a knife. Officer Gice testified that Theresa told him that Griese said “he was going to kill them,” but Theresa testified that she was unsure whether Griese actually said that or she had assumed it. In any case, Theresa testified that Griese had “an awful look on [423]*423his face” and told her to go to their son John’s house.

Hearing Theresa’s screams, Brian Bishop ran upstairs and tried to call 911, but the phone was dead. He then drove Theresa to a nearby Food-n-Fuel station to call 911. Theresa spoke to the 911 dispatcher at 11:57 a.m. and said, “My husband was — is drunk, and he was taking a knife after — our renter.” Theresa told the dispatcher that she didn’t know if anyone was injured, but that she had heard screaming. Minutes earlier, police had received the 911 call from the Griese home in which Leonard Griese stated that he had just killed Trafton and Bishop.

Officer Gice arrived within minutes. After telling Officer Gice that he had killed Trafton and Bishop, Griese let the officer in through the back door. Griese was calm and his speech was not slurred. He had blood on his abdomen, feet and hands, and serious cuts to the middle, ring and little fingers of his right hand. In response to Officer Gice’s questioning, Griese indicated that Trafton and Bishop were downstairs. Officer Gice then handcuffed Griese,2 led him to the living room couch and told him to sit there. Griese walked slowly but had no problems with balance when led to the living room.

On entering the basement, Officer Gice encountered Bishop’s daughter Michelle. Michelle told Officer Gice that she heard her mother scream, “Leave me alone,” just before Griese emerged from Bishop and Traf-ton’s bedroom, saying, “I killed your mother, go to your room.”

Officer Gice found the naked bodies of Trafton and Bishop in the bedroom. Bishop’s body was lying on the bed. Bishop’s body had 15 knife wounds and a white-handled knife protruded from her back.3 The knife had a blade about nine inches long with a serrated edge, and was similar to knives found in a wooden block in the Griese kitchen.

Officer Gice found Trafton’s body lying on its back on the floor of the bedroom. There were 14 wounds to Trafton’s body, all consistent with the knife removed from Bishop’s back. A bloodspatter pattern on Trafton’s face suggested that he was curled up in a defensive position when the wound causing the spatter was inflicted.

When Officer Gice went back upstairs, Griese was no longer on the couch. The officer found Griese sitting in his bedroom with a cloth on or near his injured hand. Griese walked slowly but steadily when Officer Gice told him to go back to the living room.

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Cite This Page — Counsel Stack

Bluebook (online)
565 N.W.2d 419, 1997 Minn. LEXIS 432, 1997 WL 333399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-griese-minn-1997.