State v. Harris

560 N.W.2d 672, 1997 Minn. LEXIS 114, 1997 WL 80293
CourtSupreme Court of Minnesota
DecidedFebruary 27, 1997
DocketC8-96-66
StatusPublished
Cited by13 cases

This text of 560 N.W.2d 672 (State v. Harris) 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. Harris, 560 N.W.2d 672, 1997 Minn. LEXIS 114, 1997 WL 80293 (Mich. 1997).

Opinion

*674 OPINION

GARDEBRING, Justice.

This is an appeal from a conviction for first-degree murder in the death of Carol Abelseth, whose body was found on July 15, 1992, in north Minneapolis. Defendant Mark Orlando Harris was charged with her murder and tried before a jury in Hennepin County in early 1993. Specifically, he was charged with murder while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence. Minn.Stat. § 609.185(2) (1992). He was convicted and appealed that verdict to this court. We reversed and ordered a new trial, concluding that misconduct by the prosecutor and the improper admission of certain evidence denied Harris a fair trial. State v. Harris, 521 N.W.2d 348 (Minn.1994). Harris then moved to have the indictment dismissed, on the grounds that to try him a second time would violate the double jeopardy clauses of the federal and state constitutions. The trial court denied the motion, and Harris again appealed. We affirmed the trial court’s decision. State v. Harris, 533 N.W.2d 35, 36 (Minn.1995). Harris was then tried and convicted a second time before a Hennepin County jury. This is an appeal from that second conviction. Harris raises three evi-dentiary issues: (1) that evidence he abused his former girlfriend should not have been admitted because it was improper other crimes evidence and its probative value was substantially outweighed by its prejudicial effect; (2) that a story and secret code written by Harris should not have been admitted because it was highly prejudicial; and (3) that evidence tending to incriminate another suspect was improperly excluded. We affirm.

Carol Abelseth’s body was found in Basset Creek Park in the early morning hours of July 15, 1992. The medical examiner determined that the cause of death was blunt force trauma to the left side of her head. In addition, there was evidence that Abelseth had been sexually assaulted. Abelseth had spent the evening of July 14, 1992, barhopping with friends in south Minneapolis, ending up at Knicker’s Bar at Lake Street and Lyndale Avenue. She was last seen by one witness getting into Harris’s car some time after the bar closed at 1:00 a.m.

As part of its case in chief, the state called Lois Vazquez, Harris’s former girlfriend, who was living with Harris at the time of the Abelseth murder. Vazquez testified that she was awakened by Harris when he arrived home at about 2:45 a.m. on July 15, 1992. She described that he was frantic and that he had blood on his hands, shorts, and shoes. She stated that he explained that he and his friends had picked up a rival gang member, beaten him up, and dumped him somewhere.

According to her testimony, Vazquez followed Harris out to the car, where he began wiping down the dashboard and steering wheel. He pulled a large roll of plastic out of the car, tore off a few feet and set it on fire. The two then went inside and attempted to wash Harris’s clothes and shoes. Vazquez testified that over the next couple of days, she disposed of the bloody shoes and shirt.

Vazquez also testified that she began to suspect that Harris had not told her the truth about what happened that night when she received a call a few days later from Eric Paine, who had been arrested for Abelseth’s murder. 1 Paine told Vazquez of his arrest and asked that Harris come to the police station to explain that Abelseth had gotten into Harris’s ear and not Paine’s car.

According to her testimony, Vazquez cleaned the car inside and out, shortly after talking to Paine. She testified that she tried not to clean it too thoroughly in order to avoid looking suspicious. When the police came to her home, she lied and told them that Harris had come home earlier than he actually had in the early morning of July 15th. When asked for the clothes he had been wearing that night, she gave them different clothes. After the police left, she got rid of the roll of plastic.

*675 Vazquez also testified that Harris eventually confessed to her about killing Abelseth. Specifically, she stated:

[H]e told me they were out, had gotten out of the car, and she told him that she was going to call the police, and he lost it, and there was something laying on the ground and he picked it up and didn’t realize what he was doing and beat her.

Vazquez had testified at Harris’s first trial. At that trial, she gave completely different testimony from that offered at this second trial. In the first trial, Vazquez testified that Harris had come home at about 2:00 a.m. She did not say anything about him being agitated or about him cleaning out the car and attempting to wash his clothes. She stated that she washed her car as part of her usual routine. She also stated that Harris had not said anything to her about the events of July 14,1992.

To explain why Vazquez changed her testimony so dramatically from one trial to the next, the state sought to introduce evidence that Harris routinely beat Vazquez during the course of their relationship. The state provided notice of its intent to introduce evidence of thirteen specific incidents of abuse. During an in camera hearing, the trial court required the state to prove each incident by clear and convincing evidence and found that the state met that burden. Further, the court found that the evidence was necessary to the state’s case. Finally, the court concluded that the purpose for which the evidence was used — bolstering the credibility of Vazquez — was legitimate.

The court did limit the amount of testimony, however, concluding that to admit more than six incidents would allow the prejudicial effect to outweigh the probative value. The court admitted certain corroborating evidence, including medical records and photographs of Vazquez’s injuries, finding that they corroborated her testimony and were helpful to the jury. Immediately prior to the testimony, the court gave a limiting instruction, admonishing the jury -to consider this testimony only for the purpose of assessing Vazquez’s credibility.

Vazquez testified that the beatings started less than a month into their relationship and continued throughout the relationship and that on many occasions Harris demanded that she call him “Daddy.” She estimated that he had beaten her on about 20 occasions. The evidence admitted relating to the six specific incidents was as follows:

— On the Fourth of July weekend, 1991, Vazquez was at a bar playing pool ■with a friend. Harris came in and wanted Vazquez to leave, and when she refused, he hit her in the face. After they left, he beat her several times, while driving around in the ear over the course of several hours. She received two black eyes and a cut on her face from the ring he was wearing.
— On August 13, 1991, Han-is and a friend broke into Vazquez’s house. While the friend waited upstairs, Harris took Vazquez downstairs and proceeded to beat her “really, really, really bad” for hours. He avoided hitting her in the face because her mother was in town. As they were walking back up the stairs, he hit her again in the back.

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Cite This Page — Counsel Stack

Bluebook (online)
560 N.W.2d 672, 1997 Minn. LEXIS 114, 1997 WL 80293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harris-minn-1997.