State v. Hankton

140 So. 3d 398, 2012 La.App. 4 Cir. 0466, 2014 WL 1717024, 2014 La. App. LEXIS 1131
CourtLouisiana Court of Appeal
DecidedApril 30, 2014
DocketNo. 2012-KA-0466
StatusPublished
Cited by13 cases

This text of 140 So. 3d 398 (State v. Hankton) 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. Hankton, 140 So. 3d 398, 2012 La.App. 4 Cir. 0466, 2014 WL 1717024, 2014 La. App. LEXIS 1131 (La. Ct. App. 2014).

Opinions

DANIEL L. DYSART, Judge.

l iBinika Hankton was convicted by a unanimous jury in Orleans Parish Criminal District Court of the first degree murder of Henry Barber. She appeals the conviction and her mandatory life sentence, arguing that her conviction was based on an erroneous ruling on her motion to suppress the statement; that there was missing and/or insufficient evidence to support her conviction; that the trial court prejudi-cially limited voir dire; and that the trial court erred in denying her motion for a change of venue.

For the reasons that follow, we affirm the conviction and sentence.

PROCEDURAL BACKGROUND:

On September 15, 2009, 76-old Henry Barber was stabbed twenty-one times and bled to death. A grand jury indicted Bini-ka Hankton for first-degree murder in connection with Mr. Barber’s death on January 14, 2010, a charge to which she pled not guilty.

Ms. Hankton then moved to suppress her statement and the evidence. After a hearing, the trial court denied these motions,1 and a trial commenced on August |230, 2011. Ms. Hankton was found guilty as charged by a unanimous jury. She was subsequently sentenced to life imprison[402]*402ment without the benefit of parole, probation or suspension of sentence.

FACTUAL BACKGROUND:

On September 17, 2009, Henry Barber was found stabbed to death in his home at 2018 St. Andrew Street, Apt. B, in New Orleans. The defendant, Binika Hankton, was the person who reported Mr. Barber missing to the police, leading to the discovery of Mr. Barber’s body.

According to the evidence adduced at trial, on September 15, 2009, Ms. Hankton spent most of the day with Mr. Barber, who employed her for various domestic work.2 The following day (September 16, 2009), allegedly unable to reach the victim by telephone, Ms. Hankton went to his apartment, where she found his mail and newspaper uncollected. That evening, Ms. Hankton contacted the New Orleans Police Department (“NOPD”).

NOPD Officer Christopher Harris met Ms. Hankton at Mr. Barber’s apartment on the evening of September 16, 2009. Unable to gain entry to the apartment, Officer Harris and Ms. Hankton walked around the outside of the apartment but were unable to locate Mr. Barber. Officer Harris did not believe there was sufficient justification to force his way into the apartment.

The following morning (September 17, 2009), Ms. Hankton again contacted the NOPD over her concerns for Mr. Barber. She likewise contacted the manager of Mr. Barber’s apartment complex, Stanley Meyers, who testified that he also received a call from the NOPD that day asking for assistance at Mr. Barber’s ^apartment. Mr. Myers did not have a duplicate key and called a locksmith to the apartment. When he entered the apartment, he saw blood on the floor in the hallway and could see a leg hanging off of the bed in the bedroom. He immediately withdrew from the apartment and contacted the NOPD.

NOPD Homicide Detective Greg Hamilton testified that he was the first detective to arrive at Mr. Barber’s home.3 Through information gathered by the other officers, he learned that Ms. Hankton had reported her concern for Mr. Barber and had made various inquiries regarding his well-being to others at Mr. Barber’s apartment complex. Detective Hamilton called Ms. Hankton from the murder scene asking to speak with her, as the last person known to have seen Mr. Barber. Ms. Hankton expressed willingness to cooperate in the investigation; and Detective Hamilton dispatched a unit to pick up Ms. Hankton and to bring her, along with her two young children, to the police station in order for her to be interviewed.

Ms. Hankton gave an initial statement to Detective Hamilton and Lead Detective Desmond Pratt around 2:30 or 3:00 that afternoon, in which she described the events that took place on the last day she saw Mr. Barber (September 15, 2009). She indicated that the morning consisted of running errands with Mr. Barber, after which she cooked for him, and that when she left his apartment that afternoon, he was “fine.” According to Detective Hamilton, at the time of this initial statement, Ms. Hankton was not a suspect in the murder, and as such, was not advised of her Miranda rights.

RDuring the time that Ms. Hankton spoke with Detectives Hamilton and Pratt, detectives were interviewing other witnesses and gathering evidence in connection with the investigation. Both Detectives Pratt and Hamilton testified that [403]*403some inconsistencies were discovered as a result of those other witnesses’ interviews and accordingly, they sought a second interview with Ms. Hankton.4 Detective Hamilton testified that at the time of the second interview, Hankton was still not a suspect and she was not “limited to the room or handcuffed to a chair.” Ms. Hankton, too, testified she was free to go about at the police station during this time, and she visited with her children who were being watched by her aunt and uncle.

When the second interview with Ms. Hankton began in the early morning of September 18, 2009, Ms. Hankton stated at the outset “I’m going to tell you the truth.” Ms. Hankton then related that the last time she was with Mr. Barber, she backed into him as he was shaving and he cut himself. Believing that “this thing was not making sense,” Detective Hamilton stopped the interview, advised Ms. Hank-ton of her constitutional rights and obtained a signed waiver of rights from her. He then obtained Ms. Hankton’s statement, which was videotaped.5 The videotaped statement given by Ms. Hankton essentially mirrored what Ms. Hankton had previously stated — that after she “fed” Mr. Barber, she wiped the table and then took him to the bank. When they returned to Mr. Barber’s apartment, he stated that he was “hurting real bad” and advised that he was going to lie down. She told him that she was going to go home, but before she did, she Rvacuumed the living room. At that point, Mr. Barber was “pulling hairs” in the area of his neck or nose with a sharp object (she could not identify). As she backed up, she inadvertently hit Mr. Barber causing him to puncture his throat with the sharp object he was using. Mr. Barber reportedly advised that he was all right, and Ms. Hankton noticed only a drop or so of blood. Assuring Ms. Hankton that he was fine, Mr. Barber went to lie down. The last time Ms. Hankton saw Mr. Barber was when he rose to close the front door as she left.

Ms. Hankton was not charged with Mr. Barber’s murder áfter the second' statement had been concluded. However, the subsequently received autopsy results revealed that Mr. Barber had been stabbed some 21 times to his neck, head, chest and torso, and Ms. Hankton was then charged with the first degree murder of Mr. Barber.

DISCUSSION

ASSIGNMENT OF ERROR NO. 4:6

We address the defendant’s fourth assignment of error first. When issues are raised on appeal as to the sufficiency of the evidence and as to one or more trial errors, the reviewing court is to first determine the sufficiency of the evidence. State v. Marcantel, 00-1629, p. 8 (La.4/3/02), 815 So.2d 50, 55, citing State v. Hearold, 603 So.2d 731, 734 (La.1992).

In this assignment of error, the defendant concedes that Mr.

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Bluebook (online)
140 So. 3d 398, 2012 La.App. 4 Cir. 0466, 2014 WL 1717024, 2014 La. App. LEXIS 1131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hankton-lactapp-2014.