State v. Kim

897 A.2d 968, 153 N.H. 322, 2006 N.H. LEXIS 30
CourtSupreme Court of New Hampshire
DecidedMarch 28, 2006
DocketNo. 2004-725
StatusPublished
Cited by13 cases

This text of 897 A.2d 968 (State v. Kim) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Kim, 897 A.2d 968, 153 N.H. 322, 2006 N.H. LEXIS 30 (N.H. 2006).

Opinion

DUGGAN, J.

The defendant, Uno Kim, appeals his conviction by a jury in Superior Court (Conboy, J.) on two counts of first-degree murder. See RSA 630:l-a (1996). We affirm.

The jury could have found the following relevant facts. For many years, Theodore and Gury Joseph owned “Joseph Brothers Market” in Manchester. In the early 1980’s the defendant’s brother bought the store [324]*324from the Joseph brothers and the defendant worked at the store for some period of time. As of February 2003, the defendant’s nephew owned the store, but the Joseph brothers continued to own the building in which the store was located and remained involved in the daily operation of the business.

On the morning of February 27, 2003, the bodies of Gury and Theodore Joseph were discovered in their home in Manchester by a close friend. Gury’s body was found face down on the living room floor. Theodore was found face up on a bed in an adjacent first floor bedroom. There were no signs of forced entry into the residence. Most of the rooms had been ransacked; police found file cabinet doors open and contents thrown on the floor, a hassock cut open and appliances knocked over or moved away from walls. Investigators seized an empty strong box and empty bank bags. A search for fingerprints revealed multiple impressions left by a gloved hand. The police investigation uncovered that the defendant’s car had been observed at the Joseph residence the prior evening.

On February 28, 2003, the police arrested the defendant at the John F. Kennedy Airport in New York. At the time of his arrest, the defendant was waiting to board a flight to South Korea. The defendant paid for the one-way ticket with two thousand two hundred dollars cash. In the defendant’s luggage and carry-on bag, police found approximately twenty thousand dollars and Ambien, a sleeping medication. The Ambien was prescribed to the defendant on February 25,2003.

A medical examiner determined that the cause of death for both Joseph brothers was strangulation and the time of the deaths was between 10:00 p.m. on Friday, February 26, and 1:00 a.m. on February 27. A toxicology report also revealed the presence of Ambien in both brothers’ bodies.

A plastic cable tie also known as a flex cuff or zip tie was wrapped around Theodore’s ankle. Investigators determined that plastic cable ties, similar to the one found on Theodore’s ankle, were sold by Home Depot. The police obtained a Home Depot video surveillance recording showing the defendant purchasing similar plastic cable ties two days before the murders. A fingerprint on the tie found around Theodore’s ankle matched the defendant’s.

After his arrest at the airport, the defendant agreed to an audiotaped interview with detectives from the Manchester Police Department. In the interview, he said that he had visited the Joseph residence on February 25, seeking a loan from Theodore in the amount of twenty thousand dollars. The defendant admitted that he needed the loan because his business had failed and he had “lost it all.” He told investigators that he no longer owned his car wash business and his Mercedes was about to be repossessed for missed payments. He told investigators that his wife’s [325]*325Cadillac had been repossessed that month because he did not keep up with the payments. In addition, he told police that he had a gambling problem. The defendant also said that he knew the victims kept a large amount of money in their home. According to the defendant, Theodore told him he would think about making him the loan.

The defendant told police he returned to the Joseph residence on February 26, 2003. Before arriving, the defendant crushed sleeping pills into an energy drink he planned to give the brothers in order to rob them. During his visit the defendant convinced the brothers to drink the beverages containing the pills. The defendant admitted to stealing approximately thirty-six thousand dollars after the brothers fell asleep. The defendant denied killing the Joseph brothers and tying either of them with a plastic tie. The defendant also told investigators that following the robbery he drove to the Mohegan Sun Casino in Connecticut where he gambled. He paid off gambling debts at the Mohegan Sun and Foxwoods casinos before leaving the area.

The defendant’s mistress testified at trial that, after the defendant left the casinos, he met her in New Jersey. He gave her thirty-five thousand dollars in cash, slept at her apartment and left a suitcase there containing his clothing. She testified that she had met the defendant five years earlier and they became romantically involved, seeing each other once or twice a week. She testified that the defendant helped pay her mortgage, and that the defendant had run up a debt of approximately thirty-five to forty thousand dollars on her credit cards.

During the trial, the State presented evidence of the defendant’s declining financial situation and lifestyle over the course of several years prior to the homicides. A certified public accountant testified that from 1997 to 2000, the defendant’s yearly net income ranged between one hundred and one hundred twenty-five thousand dollars. He testified that the defendant’s gambling winnings totaled at least one hundred and seventy-three thousand in 1998, and one hundred and thirty-three thousand in 1999. According to IRS submissions, the defendant’s gambling losses in those years were at least equal to, if not higher than, those amounts.

In January 2001, the defendant sold his business, Uno’s Car Wash. The proceeds from the sale increased his bank balances to more than three hundred thousand dollars. The defendant’s cash withdrawals, credit card payments and other expenses had substantially depleted the accounts by July of that year. The defendant then sold his family home in Bedford but, by the winter of 2001-2002, had again depleted his accounts. At trial, an employee from the Mohegan Sun casino testified that the defendant’s gambling losses totaled one hundred and twenty-four thousand in 2001 and [326]*326one hundred and fifty-three thousand in 2002. From January 2000 to March 2002, the defendant maintained credit card balances in the range of forty to fifty thousand dollars, but in the year leading up to February 2003 his credit card debt escalated to approximately ninety thousand dollars.

Prior to trial, the defendant filed a motion in limine to exclude evidence of his prior debt and financial difficulties. The trial court denied the defendant’s motion. Following trial, the jury convicted the defendant of both charges. The trial court sentenced the defendant to two terms of life imprisonment without the possibility of parole. This appeal followed.

On appeal, the defendant does not challenge “the admissibility of his financial status as of the time of the crimes, including his lack of income, ninety thousand dollar credit card debt, the pending repossession of his vehicles, and his debts owed to casinos.” Rather, the defendant argues that, under New Hampshire Rule of Evidence 404(b), the trial court erred in admitting into evidence “specific details of the manner in which [his] financial situation deteriorated, which included highly prejudicial minutia such as testimony that [his] gambling winnings and losses each totaled at least one hundred and seventy-three thousand dollars in 1998; ... the exact amount, one hundred and twenty-four thousand dollars, that [he] lost gambling at the Mohegan Sun in 2001;...

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Bluebook (online)
897 A.2d 968, 153 N.H. 322, 2006 N.H. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kim-nh-2006.