State v. Hills

761 So. 2d 516, 2000 WL 631272
Supreme Court of Louisiana·Decided May 16, 2000·No. 99-KK-1750·Published·Cited by 34 cases

Opinion

761 So.2d 516 (2000)

STATE of Louisiana
v.
Jerry Jerome HILLS.

No. 99-KK-1750.

Supreme Court of Louisiana.

May 16, 2000.

*517 Richard P. Ieyoub, Attorney General, Scott M. Perrilloux, District Attorney, Counsel for Applicant.

Martin Edward Regan, Jr., New Orleans, Counsel for Respondent.

KIMBALL, Justice.[*]

Defendant, Jerry Jerome Hills, was charged by grand jury indictment with the crime of first degree murder, a violation of La. R.S. 14:30. We granted a writ of certiorari in this case to determine whether evidence of defendant's other crimes involving non-consensual sexual conduct against post-pubescent females is admissible as evidence in his upcoming prosecution for the murder of a juvenile under the age of twelve. After a review of the record and applicable law, we hold the other crimes evidence in this case does not fall under the exceptions provided by La. C.E. *518 article 404(B). Therefore, the trial judge erred in his determination that the other crimes evidence was admissible; thus, the ruling admitting the evidence is reversed and the matter is remanded for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

On March 11, 1996, the body of 5-year-old Laquinta Mercedes "Sadie" Henderson was found floating in a pond adjacent to Yokum Road, near Hammond, Louisiana, south of Interstate 12. Sadie had been reported missing and was last seen at her grandmother's house on March 2, 1996, at approximately 4:00 p.m. The coroner, based on the remains of undigested pickles in Sadie's stomach, was able to fix the time of her death at March 2, 1996 between 4:00 p.m. and 6:15 p.m. Although the body was in a state of decomposition, the coroner was able to fix the cause of death as a blunt strike to the head. No signs of rape were found, but the coroner was able to discern anal and vaginal trauma.

On September 17, 1996, Hills was arrested for the murder of his niece Sadie based on an eyewitness who claims to have seen him at the pond on the night and time in question. A grand jury indicted him for the murder on October 17, 1996. The record shows, however, that the same eyewitness who places Hills at the pond identified the car he was driving as a maroon Ford. The two men this witness was with, who do not claim to have seen Hills' face through the car window and can only identify a black man as driving the car, also claim to have seen a maroon car. These two men had been fishing that day in the pond and when they returned to shore, right at dusk, they noticed the maroon car while waiting for their friend, the third witness. Based on the suggestive way the back of the car bounced, the two men assumed teenagers were having sex in the car. The car Hills was driving that day, which belongs to his live-in girlfriend Delores Singleton, is a black Chrysler LeBaron hatchback. Further, the tire tracks found in the spot identified by the witnesses do not match those of Hills' car nor did his tires have soil from the Yokum Pond area on them.[1] However, traces of blood and feces were found in the backseat of the black car, which match some DNA markers of Sadie.

On May 4, 1998, a Prieur hearing was held in which the State sought to introduce other crimes evidence against Hills during the guilt phase at his upcoming trial.[2] The evidence is of three alleged prior rapes and one alleged attempted rape. The testimony of various witnesses to these other alleged crimes was presented at the hearing.

Sgt. Melissa Spurling testified to the reported rape of L.D. on January 3, 1994.[3] Spurling testified that L. D., 15 years old at the time, told her that she obtained a ride from Hills around midnight in order to visit her mother at the North Oaks Hospital. Instead of taking her to the hospital, Hills drove past Manchac, Louisiana, on Highway 51 and told her to have sex with him or he would leave her there in the dark. After submitting to the sex because she was afraid to refuse, Hills drove her to the hospital to visit her mother. She saw her mother while Hills waited to take her home. Upon entering his truck for the second time that night, Hills told her they were not going straight *519 home. She took this to mean he was going to have sex with her again and she jumped out of the truck when he slowed down. Later that night, she described the incident to a friend of the family who took her back to the hospital where she reported the rape. Spurling testified that the doctor found inactive spermatoza in L.D.'s vaginal area, but no other trauma was found. A warrant was issued for Hills' arrest based on L.D.'s complaint, but it was not executed until more than two years later, after he was a suspect in Sadie's murder. Spurling claims she was unable to locate him, although he resided in Hammond the entire time.

Next, S. R., 43 years old, testified that on December 10, 1990, she got a ride from Hills, the brother of her live-in boyfriend, to Kentwood to pick up food stamps. While driving to Kentwood, Hills' truck broke down on the side of the highway a little before noon. S.R. claims that after the truck broke down, Hills hit her in the head three different times with a hammer and raped her in the bushes several times. As the sun began to set, the two then walked to a store to call Hills' brother to pick them up. After being dropped off at her house, S.R. reported the incident. However, upon examination by a physician, no signs of rape were found. A warrant was signed for his arrest, but Hills was never arrested on charges stemming from this incident. S.R. claims the officers told her they could not find Hills to execute the warrant.

Finally, S. B., 44 years old, testified that in 1993 she got a ride in the early morning hours from Hills after leaving a bar where she had been smoking crack. She claims that instead of taking her home, Hills took her to an isolated area near the airport and told her to have sex with him. When she tried to get out of the car, he punched her in the face. After having sex with her, he took her to her house. She told her daughter about the incident the next morning and two of her girlfriends when she met them at the crack house on the corner of her street. The incident was not reported to the police and S.B. admitted to smoking crack within 24 hours of her testimony at the hearing. S.B. testified that when Hills took her to her house, she grabbed a beer bottle on the floor of his truck, smashed him on the face with it, and broke his nose, She felt this action had given her "satisfaction" for the rape, which is why she did not report it.

The final witness, W. H., did not answer the subpoena and the court issued a warrant for her arrest. On May 18, 1998, with W.H. present, the Prieur hearing was continued. W.H. entered court in handcuffs as she had recently been arrested for the attempted murder of her husband. W. H., 25 years old, testified that on April 15, 1992, she accepted a ride from Hills after leaving a bar. She claims that instead of taking her home, Hills took her to Coonville Road. He then pulled a knife on her and told her to have sex with him. The two struggled and W.H. was able to escape. W.H. reported the incident to the police but later dropped the charges after Hills' mother gave her a $100.00 to do so.

During arguments, the State claimed these incidents show that Hills' modus operandi is that he picks his victims up in his car, transports them to another place and commits a crime against them at a place some distance from where they were initially picked up. T

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State v. Hills, 761 So. 2d 516, 2000 WL 631272 (La. 2000).

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