State v. Lee

1999 SD 81, 599 N.W.2d 630, 1999 S.D. LEXIS 100
CourtSouth Dakota Supreme Court
DecidedJune 30, 1999
DocketNone
StatusPublished
Cited by15 cases

This text of 1999 SD 81 (State v. Lee) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lee, 1999 SD 81, 599 N.W.2d 630, 1999 S.D. LEXIS 100 (S.D. 1999).

Opinions

[632]*632MILLER, Chief Justice.

[¶ 1.] David Lee appeals his conviction of the second-degree murder of his prison cellmate. We affirm.

FACTS

[¶ 2.] Lee shared a ■ cell with Robert Walth in the South Dakota State Penitentiary. During the early hours of September 9, 1997, Lee and Walth were doing beadwork and watching a movie. They were also clandestinely consuming “hooch,” a homemade alcohol. Although Lee provided investigators with two different versions of the events that followed,1 he testified at trial that, after consuming approximately eight to ten cups of hooch, he either fell asleep or passed out. He stated that when he awakened, Walth was performing oral sex on him. He testified that he then “lost it” and started kicking Walth, but was unsure if he pushed or hit him. After he kicked Walth and while Walth was lying on (or near) a sheet, Lee stepped on one end of the sheet, which was wrapped around Walth’s neck, and pulled on the other end. He stated that he quit pulling when he determined that Walth had stopped breathing. When a guard walked by the cell, Lee called out to him and indicated that he may have injured his cellmate. The guard obtained additional help and placed Lee in the shower area. A nurse attended to Walth until paramedics arrived and transported him to the hospital, where he died later that morning.

[¶ 3.] Lee was indicted on alternate counts of first-degree murder, second-degree murder and first-degree manslaughter. He pled not guilty to all counts. The jury found him guilty of second-degree murder. He was sentenced to life in the penitentiary.

[¶ 4.] On appeal, it is asserted that:

1.The trial court erred by not allowing Lee’s expert to testify.
2. The trial court erred in refusing Lee access to Walth’s penitentiary records.
3. Prosecutorial misconduct occurred which warranted a mistrial.

DECISION

[¶ 5.] 1. The trial court did not err in refusing to admit the testimony of Lee’s expert witness.

[¶ 6.] Lee sought to introduce the testimony of Dr. Bernard Katz, a psychiatrist who had examined him, reviewed his records, and met with his mother. During trial, Lee made an offer of proof concerning Dr. Katz’s testimony. Out of the presence of the jury, Dr. Katz testified that, in his opinion, Lee’s specific intent to commit a crime was compromised by four factors: (1) the fact that he had been drinking heavily; (2) the fact that he was awakened from his sleep; (3) the fact that he had a particular aversion to being considered homosexual or to any kind of homosexual activity; and (4) the possibility that he may have had a dissociative episode at the time of the incident.

[¶ 7.] The court determined that Dr. Katz’s testimony was inadmissible, stating that

[t]his is clearly not a case involving insanity or the plea of guilty or even not guilty by reason of mental illness, so the Court is not allowed to introduce or allow the introduction of evidence concerning that.
Taking the doctor’s testimony in the light most favorable to the defense, it seems to me that that’s exactly what he’s testifying about. Taking it the other way, it seems to me like we don’t need an expert to explain to us that someone with a history wakes up and has a reflex action, that that’s not the kind of testimony that’s appropriate for [633]*633expert testimony, that lay people know that already.
Based upon that and based upon the fact that I’m afraid that the jury is going to be totally misled and given information that does not apply to this case, I’m going to grant the State’s motion in limine concerning the doctor’s testimony involving diminished ability to form the specific intent required.

[¶ 8.] Lee claims the trial court erred in precluding Dr. Katz’s testimony from being presented to the jury, because such testimony was evidence of Lee’s state of mind at the time of the incident; therefore, it went directly to the issue of specific intent. We disagree.

[¶ 9.] SDCL 19-15-2 addresses admissibility of expert testimony:

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education,' may testify thereto in the form of an opinion or otherwise.

[¶ 10.] “The admissibility of an expert’s opinion is within the broad discretion of the trial court.” State v. Moeller, 1996 SD 60, ¶ 87, 548 N.W.2d 465, 485 (citations omitted). “We will reverse the trial court’s decision only where there has been a clear showing of an abuse of discretion.” Id. (citations omitted). “In admitting expert testimony, the determining factor is ‘whether it would assist the jury in understanding matters that normally would not lie within a layman’s breadth of knowledge.’ ” State v. Moriarty, 501 N.W.2d 352, 359 (S.D.1993) (quoting State v. Bachman, 446 N.W.2d 271, 275 (S.D.1989)).

[¶ 11.] The trial court determined that Dr. Katz’s testimony would not assist the jury in understanding the evidence or in determining a fact in issue. In addition, the court determined that any information that Katz’s testimony could provide was the type of information of which lay people would already possess knowledge. Therefore, it found the testimony to be inadmissible.

[¶ 12.] After reviewing the record, we cannot say that the trial court clearly abused its discretion in making such determinations. See State v. Werner, 482 N.W.2d 286, 291-92 (S.D.1992); State v. Hill, 463 N.W.2d 674, 677 (S.D.1990). We find no error.

[¶ 13.] 2. The trial court did not err in denying Lee access to Walth’s penitentiary records.

[¶ 14.] Prior to trial, Lee sought discovery of Walth’s penitentiary records. He argued that access to the records was necessary to establish whether Walth had previously committed a sexual assault on another inmate. The trial court denied the motion, stating that Lee could testify to his personal knowledge of Walth; therefore, the records were not needed.

[¶ 15.] During trial, State called Dr. Brad Randall, the forensic pathologist who performed the autopsy on Walth. Randall testified that the autopsy revealed no physical signs that would indicate homosexual activity; however, he could not conclude whether Walth had participated in such activity while at the penitentiary. Based on Randall’s testimony, Lee renewed his request to view Walth’s penitentiary records, particularly his disciplinary records, which Lee claimed would indicate whether Walth had been disciplined for homosexual activity. Lee also requested that he be allowed to review Walth’s police record concerning his prior rape conviction.2

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State v. Lee
1999 SD 81 (South Dakota Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
1999 SD 81, 599 N.W.2d 630, 1999 S.D. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lee-sd-1999.