State v. MacLennan

702 N.W.2d 219, 2005 Minn. LEXIS 480, 2005 WL 1981574
CourtSupreme Court of Minnesota
DecidedAugust 18, 2005
DocketA03-2048
StatusPublished
Cited by53 cases

This text of 702 N.W.2d 219 (State v. MacLennan) 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. MacLennan, 702 N.W.2d 219, 2005 Minn. LEXIS 480, 2005 WL 1981574 (Mich. 2005).

Opinions

OPINION

ANDERSON, PAUL H., Justice.

Shortly after midnight on January 14, 2003, Kenneth MacLennan was shot and killed at his home in Saint Cloud, Minnesota. Kenneth’s son, 17-year-old Jason Alexander MacLennan, was charged and subsequently indicted by a Stearns County grand jury for the first-degree premeditated murder of his father. Jason Mac-Lennan asked for both a speedy trial and a change of venue, and as a result a jury trial was held in September 2003 in Duluth, Minnesota. MacLennan claimed that he killed his father in self-defense and asked the district court to admit expert testimony regarding battered child syndrome to demonstrate his state of mind at the time of the shooting. The court declined to admit expert testimony on battered child syndrome, but allowed MacLennan to present evidence about his relationship with his father. The jury found MacLennan guilty of first-degree premeditated murder and the lesser-included offense of second-degree murder. The court then convicted MacLennan of first-degree murder and sentenced him to [223]*223life in prison. On appeal, MacLennan alleges that (1) the court erred in failing to admit expert testimony on battered child syndrome, and (2) the state committed prosecutorial misconduct during its closing argument. We affirm.

The Shooting

Appellant, Jason MacLennan, was the only child of Kenneth and Betty MacLen-nan. The MacLennan family lived in Florida for most of Jason’s childhood, but in late spring 1999, the family moved to Canada to allow Betty to be close to her family during the final months of her battle against breast cancer. Betty died from the disease on July 13,1999. Shortly after Betty’s death, Kenneth and Jason returned to Florida. In the spring of 2002, after accepting a new job, Kenneth relocated from Florida to Saint Cloud, Minnesota, where Jason then joined his father after the 2001-02 school term ended.

Kenneth’s job in Saint Cloud required him to travel extensively, which meant that Jason was home alone much of the time. In the late afternoon of Monday, January 13, 2003, Kenneth was scheduled to return home from a business trip to Great Britain. Earlier that day, Jason chose not to go to school; rather, he and several friends gathered at the MacLennan home. Most of the friends had left by 2:00 p.m., around the time when their parents would expect them to return home from school, but Matt Moeller, Jason’s closest friend, and Kyle Melberg stayed behind.

Between 2:00 and 2:15 p.m., Jason and Melberg decided to drive separately to the local Outback Steakhouse restaurant, where Jason, Melberg, and Moeller all worked. After Jason and Melberg picked up either their paychecks or tips, they drove around Saint Cloud in Melberg’s car. The two eventually made their way to Melberg’s home, where they played video games.

Meanwhile, Moeller remained at the MacLennan home. According to Moeller, he stayed at the home in accordance with a plan he and Jason devised to kill Kenneth MacLennan. Moeller had his .22 caliber rifle with him as he waited inside the home for Kenneth to return from his business trip. Moeller testified that the plan was for him to shoot Kenneth when Kenneth entered the home. Moeller waited for Kenneth to arrive until approximately 5:00 p.m., at which point Moeller decided that he was not capable of following through with the plan. Moeller testified that he then took the rifle to his car and drove back to his family’s home.

At 5:19 p.m., Jason received a call on his cell phone that originated from his father’s cell phone. The state asserts that Jason had expected the voice on the other end of the call to be that of Moeller, confirming Kenneth’s death. Instead, the call was from Kenneth, who insisted that Jason return home immediately. JasGn then asked Melberg to take him home. While Mel-berg drove, Jason placed a call to Moeller. According to Moeller, Jason questioned him about his failure to follow through with their plan to kill Kenneth. Jason’s testimony differed from that of Moeller on this point. Jason testified that he called to tell Moeller that Kenneth had returned home and to arrange for Jason and Moel-ler to meet later that evening so that Jason and his father would not have to spend time together.

When Jason and Melberg arrived at the MacLennan home, Jason asked Melberg to accompany him into the home and Melberg agreed. When they entered the home, Kenneth told Jason that he had discovered an empty beer bottle in the home. Kenneth then instructed Jason to retrieve his car from the parking lot at the Outback Steakhouse restaurant and return home immediately. Melberg testified that he [224]*224had never met Kenneth before and was unable to discern whether Kenneth’s demeanor during this encounter was abnormal. Melberg then took Jason to the restaurant to pick up his car, after which they returned to their respective homes.

After Jason arrived home, he and Kenneth had an argument about the empty beer bottle that Kenneth had discovered. According to Jason, his father degraded and insulted him during the argument. Jason testified that after the argument, Kenneth left to have dinner at a local restaurant and Jason retreated to his bedroom, which was located in the basement.

When Kenneth returned from dinner, he went to the basement to smoke a cigar and play pool. Jason testified that while Kenneth was in the basement, he entered Jason’s bedroom, stood by the bed, and began yelling at him. After Kenneth left Jason’s room, Jason called Moeller to ask him to sneak out and drive to Jason’s home to keep him company. Both boys testified that this was not an unusual request because Moeller frequently sneaked out to visit Jason. Initially Moeller protested, saying that his parents would not allow him to leave, but after some discussion and persuasion from Jason, Moeller agreed to sneak out later that night. According to Moeller, Jason asked him to bring his .22 caliber rifle with him.

Moeller arrived at the MacLennan home at approximately 10:00 p.m. and parked a short distance away from the home. As usual, Moeller entered the home through the basement door, but this time he carried his rifle with him. Jason met Moeller in the basement. Moeller testified that Jason again asked him why he had not carried out the shooting earlier that day, and Moeller responded that he did not want to kill Jason’s father. Moeller then slid his rifle under Jason’s bed, and the boys left to drive around the city in Moel-ler’s car. According to Moeller, while they were driving, the two of them talked about shooting Kenneth. In contrast, Jason testified that he and Moeller talked about typical teenage things, such as girls, movies, and school.

After a couple of hours, Jason and Moel-ler drove back to the MacLennan home, and Moeller again parked a short distance away from the home. The boys went inside the home and sat in the living room. After a while, Moeller retrieved his rifle from underneath Jason’s bed and brought it up to the living room. The boys then took the rifle up the stairs and approached Kenneth’s bedroom where they listened for sounds that would indicate whether Kenneth was awake or asleep. After a few moments, they returned to the living room.

Jason testified that Moeller then dared Jason to take the rifle back up the stairs by himself. When Jason took the rifle up the stairs, Moeller went down to the basement, put on a pair of Jason’s boots, walked out of the basement door and around to the front of the home. Moeller then walked up to the front door and rang the doorbell.

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Cite This Page — Counsel Stack

Bluebook (online)
702 N.W.2d 219, 2005 Minn. LEXIS 480, 2005 WL 1981574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-maclennan-minn-2005.