State v. Hosford

572 So. 2d 242, 1990 WL 180103
CourtLouisiana Court of Appeal
DecidedNovember 14, 1990
DocketKA 89 2088
StatusPublished
Cited by9 cases

This text of 572 So. 2d 242 (State v. Hosford) 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. Hosford, 572 So. 2d 242, 1990 WL 180103 (La. Ct. App. 1990).

Opinion

572 So.2d 242 (1990)

STATE of Louisiana
v.
John F. HOSFORD.

No. KA 89 2088.

Court of Appeal of Louisiana, First Circuit.

November 14, 1990.
Writ Denied March 1, 1991.

*243 Bryan Bush, Dist. Atty. by Charles Grey, Asst. Dist. Atty., Baton Rouge, for plaintiff/ appellee.

Eugene Booth, Baton Rouge, for defendant/appellant.

Before COVINGTON, C.J., and LANIER and VIAL LEMMON,[*] JJ.

COVINGTON, Chief Judge.

The defendant, John Farrell Hosford, was charged by grand jury indictment with second degree murder, in violation of LSA-R.S. 14:30.1. He pled not guilty and, after trial by jury, was found guilty as charged. He received the mandatory sentence of life *244 imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The defendant has appealed, alleging six assignments of error, as follows:

1. The jury verdict is contrary to the law and the evidence.
2. The trial court erred in allowing autopsy photographs of the victim to be introduced into evidence over defense objection.
3. The trial court erred in giving a jury instruction on flight.
4. The trial court erred in denying the defendant's motion for a new trial.
5. The trial court erred in denying the defendant's motion for "post-verdict judgment of acquittal or, in the alternative, a finding of a lesser offense."
6. Due to error patent on the face of the record, the conviction and sentence must be reversed.

FACTS

During the early evening hours of December 16, 1988, the victim, Yvonne Elaine Hosford, was murdered in her north Baton Rouge home, located on St. Lawrence Drive. At the time, her husband, the defendant, was in the Navy and was home on leave. That evening, the defendant was going to take their four children to a bonfire and barbecue at his mother's house in Tickfaw. The victim was not going with them. The children arrived home from school between 2:30 and 3:30 that afternoon. At approximately 4:00 p.m., the children got into the Hosford's van and the victim told them goodbye. She went back inside the house and became engaged in a conversation with the defendant. This conversation evolved into an argument. Two of the children, Wayne and Brad, became hungry and went into the kitchen to fix some sandwiches. While inside, Wayne heard the defendant and the victim talking about a divorce. Shortly thereafter, Wayne and his sister Michelle heard a sound from inside the house which sounded like someone being hit with a belt, followed by the victim saying twice, "Stop Farrell!" When Wayne, Brad and Michelle went inside, they saw the defendant on his knees wiping up blood with his T-shirt. The defendant explained that he had knocked out a tooth and told the children to go back to the van, which they did.

A few minutes later, the defendant came outside, opened the rear of his van, retrieved a tool box, placed a file in his pocket, and returned to the house. When Michelle tried to go back inside the house, she found the door locked. At this point, Wayne and Michelle heard the victim say, "I never loved you and I never will" and "God help me!" Subsequently, Hosford called Wayne into the house and told him not to look at his mother's face. He stated that she had tripped and hurt herself. When the defendant turned on the lights, Wayne observed the victim lying on top of the dining room table. Her body was covered in a tablecloth. The defendant instructed Wayne to grab her feet and together they carried her to the van, whereupon the defendant tried to stuff the victim underneath the rear seat. The defendant also tried to close the rear doors to the van while the victim's arms dangled outside. The defendant then threw the victim onto the rear seat and drove away. He tried to get the children to take some sleeping pills, but they refused.

Near the intersection of Hooper and Joor Roads, Wayne flagged down Deputy Sheriff William Sutton. Deputy Sutton activated his emergency lights and motioned for the defendant to pull over. The defendant informed Deputy Sutton that the victim had been hurt and that he needed to get her to a hospital. Deputy Sutton immediately escorted the defendant to Earl K. Long Hospital. At the hospital, the victim was pronounced dead on arrival. Shortly thereafter, the defendant was arrested.

When investigators arrived at the crime scene, they discovered evidence that someone had attempted to clean up a large amount of blood. They found blood-soaked clothes and towels, plastic bags containing items soaked with blood and water, a bloodstained mop in the bathroom lavatory, and a plastic bucket in the bathtub. Although the defendant's Buck knife scabbard *245 was found on a kitchen countertop, the knife itself was never recovered.

At the trial, the defendant explained that an unknown intruder broke into the house and attacked the victim. He testified that he heard something fall, went to investigate, and saw someone struggling with the victim. According to the defendant, the inside of the house was dark and he saw only an outline of the attacker. The defendant claims that he fought with the unknown intruder and forced him to flee out the back door. The defendant testified that he was unable to carry the victim to the van and called Wayne to help him do so. He also explained that he was trying to drive to the hospital but he got lost.

Both the defendant and his sister testified that the defendant had scratches on his face and arms resulting from the defendant's cutting firewood and wood for the bonfire. However, both Wayne and Michelle testified that they did not observe such scratches on the defendant when they arrived home from school that afternoon. They also testified that they did not hear any dogs barking when the victim was stabbed, although their three dogs and the neighbors' dogs always barked at strangers.

ASSIGNMENT OF ERROR NUMBER TWO:

In this assignment of error, the defendant contends that the trial court erred in allowing autopsy photographs of the victim to be admitted into evidence over his objection. At a pretrial hearing, the trial court reviewed ten autopsy photographs of the victim, rejected one, and concluded that the remaining nine photographs would be admissible into evidence at the trial. The defendant objected to this ruling. At the trial, these photographs were introduced into evidence as State Exhibit 48 A-I.

Post-mortem photographs of murder victims are admissible to prove corpus delicti, to corroborate other evidence establishing the cause of death, and to provide positive identification of the victim. The admission of allegedly gruesome photographs will not be overturned unless it is clear that the prejudicial effect of the photographs outweighs their probative value. State v. Moten, 510 So.2d 55, 59 (La.App. 1st Cir.), writ denied, 514 So.2d 126 (La. 1987).

We have reviewed these photographs and find that they are indeed unpleasant. Nevertheless, because these photographs depicted numerous cuts, scratches, and bruises on various parts of the victim's body, their probative value outweighs any prejudicial effect. These photographs were probative of certain facts necessary to the verdict which was rendered. Because a manslaughter conviction was a possible responsive verdict, the extent and number of wounds tended to negate a killing in the heat of passion, and helped prove the brutal and determined nature of the homicide.

The photographs were not repetitive.

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Bluebook (online)
572 So. 2d 242, 1990 WL 180103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hosford-lactapp-1990.