State v. Hall

612 S.W.2d 782, 1981 Mo. LEXIS 351
CourtSupreme Court of Missouri
DecidedMarch 9, 1981
DocketNo. 61796
StatusPublished
Cited by8 cases

This text of 612 S.W.2d 782 (State v. Hall) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hall, 612 S.W.2d 782, 1981 Mo. LEXIS 351 (Mo. 1981).

Opinion

WELBORN, Commissioner.

Appeal from the Circuit Court of Jackson County where a jury found James L. Hall guilty of capital murder and he was sentenced to life imprisonment without probation or parole for fifty years.

On April 25, 1978, Gayetta Mazzeri and James Miller resided in Kansas City at 7500 South Park in a home owned by Gayetta and her husband, Joe. Joe, who was then incarcerated in the penitentiary, had invited Miller to reside in an upstairs room while he was in the penitentiary. That evening Miller and Larry Barnes returned from a fishing trip and Miller, Barnes and Gayetta cleaned and cooked the fish, drank beer, smoked marijuana and watched television. A man whom Miller and Gayetta knew as “Paco” and whom they identified at trial as James Hall, knocked at the door, was allowed to enter, and joined the others around the television. There was conversation about Joe being imprisoned and about a gun Hall wanted to sell for $50 which he took out of his pocket and showed around and then returned to his pocket. Some ten to forty minutes later Gayetta and Miller heard the sound of a gun shot and saw that Barnes, still sitting on the couch, had been shot and that Hall was holding a gun on Miller. Hall ordered Miller to the bedroom, told Gayetta to undress and threatened to kill her, hit Miller on the back of the head with the gun, took a knife from his pocket and began slashing and stabbing Miller. Miller fought back and during the fight Gayetta escaped to a neighbor’s and phoned the police. Miller too ran to a neighbor’s. While in the bedroom Gayetta had asked Hall why he shot Barnes. Hall’s reply was, according to Miller, “Because Larry burned a buddy of mine for $10,000,” or, according to Gayetta, “Larry _ a friend of mine, and they paid me $10,000 to do that.”

At trial letters dated before April 25 from Joe to Gayetta, and which Joe testified he had written, were introduced. In these letters Joe threatened to kill Miller if Gayetta had anything to do with him and he stated that he heard from a little bird that she was having sexual relations with Miller. On April 25, Miller was not aware of these letters. Later another letter was shown Miller in which Joe had written in a postscript “Tell Jimmy I’m sorry Paco didn’t get him, but I will.” Joe testified that he had had no contact with Hall since he had been incarcerated.

At trial the defense testimony came primarily from police officers who testified that Hall told them that, on April 25, he went to several bars and spent the night at a girl friend’s house whose address and location he had forgotten.

Appellant’s first point is an allegation of error on the part of the trial court in failing to sustain his challenge for cause of venire person Patsy Pruitt.

Voir dire by the prosecutor revealed that Mrs. Pruitt had worked for four years as a secretary in the police department. That employment had terminated two years prior to the trial. She had, of course, come into contact with police officers in that job.

“MR. GNEFKOW (Prosecutor): Would there be anything about that experience that would not — that would not enable you to sit as a fair and impartial juror in this case?
“VENIREMAN PRUITT: No, sir.
[784]*784“MR. GNEFKOW: Being that you have dealt with police officers for a period of time, would you give more weight or less weight to their testimony than you would any other person?
“VENIREMAN PRUITT: Less weight?
“MR. GNEFKOW: I didn’t mean it to sound like a multiple choice. Would you give the same weight to a police officer’s testimony as you would to any other person?
“VENIREMAN PRUITT: Yes.”

In response to a question by defense counsel in voir dire, Mrs. Pruitt stated that her husband was a police department detective, in the Crimes Against Property Unit.

“MR. JOHNSON: Do you ever have an occasion to talk to him about his work?
“VENIREMAN PRUITT: Very seldom.
“MR. JOHNSON: And I believe that you said that you at one time were engaged in police work, is that correct?
“VENIREMAN PRUITT: Right.
“MR. JOHNSON: The critical question then is do you think that that would affect your ability to judge the evidence in this case, particularly the evidence that comes from police witnesses? Do you think you would tend to be biased in any way?
“VENIREMAN PRUITT: No.
“MR. JOHNSON: Do you think you could be completely fair and impartial?
“VENIREMAN PRUITT: Yes.
“MR. JOHNSON: Thank you.”

Appellant’s challenge to Mrs. Pruitt went as follows:

“MR. JOHNSON: Your Honor, I’m going to challenge Patsy R. Pruitt for cause. I will readily admit to you that she says and says and says that she could not be impartial — or that she could be fair and impartial despite the fact that she has worked as a police officer and her husband has been a police officer for a number of years. I—
“MR. HALL: She was a secretary, not a police officer.
“THE COURT: Yes, she was a secretary.
“MR. GNEFKOW: She also said she would give less credence to a police officer over anybody else.
“MR. STERLING: She was repeating your question.
“THE COURT: Mark, I don’t see any reason why I should when she answered that she could be fair.
“MR. JOHNSON: I don’t disagree, Your Honor. I am still making the challenge.
“THE COURT: All right.
“MR. JOHNSON: I don’t — I just agree that’s what she said. My argument would be and the argument I make to you is that I simply don’t think from the circumstances which were elicited in questioning that that comment is one that can be believed. I don’t know how she could possibly be—
“THE COURT: How could we know that?
“MR. JOHNSON: —non-prejudiced, looking at the totality of the circumstances.
“THE COURT: These people are testifying under oath out here, and I think we are stuck with their testimony.
“MR. JOHNSON: I’m not saying that she doesn’t believe that she can be fair.
“THE COURT: I know what you mean. I think under the circumstances—
“MR. JOHNSON: I mean I’m not saying she is perjuring herself.
“THE COURT: I know. You’re saying subconsciously she leans—
“MR. JOHNSON: I don’t see how she could possibly be fair.
“THE COURT: Not unless the State agrees to it.
“MR. GNEFKOW: The State doesn’t agree, Your Honor.
“THE COURT: Okay.”

Appellant’s point states that the trial court erred in failing to exercise its discretion and make an independent factual determination of Pruitt’s fairness and impartiality “in that the trial court, though real-[785]

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Bluebook (online)
612 S.W.2d 782, 1981 Mo. LEXIS 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-mo-1981.