State v. Magee

916 So. 2d 191, 2005 La. App. LEXIS 1224, 2005 WL 1054983
CourtLouisiana Court of Appeal
DecidedMay 6, 2005
DocketNo. 2004 KA 1887
StatusPublished
Cited by3 cases

This text of 916 So. 2d 191 (State v. Magee) 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. Magee, 916 So. 2d 191, 2005 La. App. LEXIS 1224, 2005 WL 1054983 (La. Ct. App. 2005).

Opinion

GAIDRY, J.

pThe defendant, Dennis L. Magee, was indicted by a Washington Parish Grand Jury in October 2001, for three counts of aggravated rape, in violation of La. R.S. 14:42. The crimes took place from January 1, 2000 through August 13, 2001. On Count I, the victim was D.H. On Count II, the victim was G.H. On Count III, the alleged victim was L.W. Present with counsel at his arraignment, the defendant pled not guilty to all charges. Following a jury trial, the defendant was found guilty as charged on Counts I and II, and not guilty on Count III. The defendant was sentenced to life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence on Counts I and II, with the sentences to run concurrently. The defendant now appeals, asserting four assignments of error. For the reasons stated, we affirm the convictions and sentences.

FACTS

In 1999, the defendant lived with Jennifer Whittine in Bogalusa. Ms. Whittine had two daughters living with her, D.H., ten years old, and G.H., eight years old, as well as two other daughters and a son. D.H. and G.H. were friends with Carolyn Taylor’s daughter. D.H. and G.H. often visited and slept over at Carolyn Taylor’s home. D.H. also went on vacation with the Taylor family and, at one point, lived with Carolyn Taylor for about one and a half months.

In July 2001, Carolyn Taylor took D.H. home after a visit with the Taylor family. D.H. went into her home and moments later came back outside screaming. According to Carolyn Taylor, D.H. said she was not staying there with a “child molester,” referring to the defendant, who was in the living room. Ms. Taylor and D.H. then returned to. the Taylor home. The following day, Ms. Taylor took G.H. to stay with her, and telephoned |sthe Office of Community Services to tell them what happened. Shortly thereafter, Carolyn Taylor had all five children from the Whit-tine household staying with her.

According to Carolyn Taylor, G.H. told her that defendant had oral and anal sex with her. She also told Carolyn Taylor that defendant took the sisters to his trailer to rape them. G.H. testified that she had informed her mother that the defendant “put his thing in my back,” but that her mother took no action in response to that revelation. According to D.H., the defendant took her to his trailer in Angie. The trailer, where defendant at one time lived, was then abandoned, had some windows blown out, had no electricity, and had a hole in the roof. D.H. testified that the defendant raped her vaginally and anally. D.H. also told her mother that the defendant was doing improper things with her. D.H. believed her mother may have spoken to the defendant about' it, but that he denied it.

' Detective Scott Adams of the Bogalusa Police Department initially received the [195]*195information concerning D.H. and G.H. He arranged for an interview with the Children’s Advocacy Center in Covington. Amy Striker, a social worker and forensic interviewer, interviewed the children separately while Tammy Stewart, a Bogalusa City Police officer, Detective Adams, Leslie Lyons, a child welfare supervisor with the St. Tammany Parish Office of Community Services, and Cindy Fanz, a foster care worker, monitored the interview from an adjacent viewing room.

At this point, an arrest warrant was obtained for the defendant. The defendant was arrested at the Franklinton Jail where he was already in custody for the criminal charge of aggravated rape of L.W. According to the defendant’s testimony, he was rendered impotent following a heart attack and was incapable of sexual arousal.

ASSIGNMENT OF ERROR NO. 1

In his first assignment of error, the defendant avers the “trial judge erred in failing to remove juror Lenora Magee1 from the jury after she advised the court that she was the next-door neighbor of Ms. Carolyn Taylor, a pivotal prosecution witness, and had outside knowledge regarding the charged offenses that was not developed at trial.”

Disclosure during the trial that a juror knows or is related to a witness or the victim is not sufficient to disqualify a juror unless it is shown that the relationship is sufficient to preclude the juror from arriving at a fair verdict. State v. Wilson, 2001-0625, p. 10 (La.App. 3rd Cir.12/28/01), 806 So.2d 854, 862, writ denied, 2002-0323 (La.9/13/02), 827 So.2d 1121; see also La.C.Cr.P. art. 797. The connection must be such that one must reasonably conclude that it would influence the juror in arriving at a verdict. A trial judge is granted great discretion in determining whether to seat or reject a juror for cause, and such rulings will not be disturbed without a showing of an abuse of that discretion. State v. Wilson, 2001-0625 at p. 10, 806 So.2d at 862.

Following opening statements and prior to the State calling its first witness, juror Lenora Magee informed the trial judge that Carolyn Taylor, a State witness, was her next-door neighbor. The trial judge had counsel and Mrs. Magee approach the bench, and an extensive sidebar conference and examination on the subject ensued.2

The information elicited from Mrs. Ma-gee reveals that while she and Carolyn Taylor were next-door-neighbors, they were not friends. Also, while Mrs. Magee was told by Carolyn Taylor that “some foster kids” were |fi“sexually abused” by their “mother’s boyfriend”, Mrs. Magee did not know the names of the children, the mother, or the boyfriend. It seems clear from this exchange that, aside from the scant information relayed to Mrs. Ma-gee by Carolyn Taylor, Mrs. Magee never spoke with anyone else about the alleged incident of abuse so as to confirm or repudiate its veracity.

In State v. McIntyre, 381 So.2d 408, 409-10 (La.1980), cert. denied, 449 U.S. 871, 101 S.Ct. 209, 66 L.Ed.2d 90 (1980), the defendant had been indicted for aggravated rape and convicted. On appeal, the conviction was reversed, and the defendant was retried. At the second trial, the defendant challenged three prospective jurors because of their prior knowledge of the offense and of the defendant’s previous conviction. Mrs. Kimball and Mr. Tyler [196]*196had read newspaper accounts of the alleged previous crime. Mr. Tyler knew the defendant had been found guilty in the first trial. He discussed it with acquaintances and had the impression the defendant had raped the victim. Mr. Mason stated that a co-worker was on the jury in the first trial and that his co-worker thought the defendant had been proven guilty beyond a reasonable doubt. The jurors gave testimony that tended to rebut any inference of bias. Mrs. Kimball stated she had not formed an opinion as to the defendant’s guilt or innocence. Mr. Mason stated that the statements of his fellow employee would not influence his decision in this case. Mr. Tyler stated he would put aside any prior knowledge or discussions he had about the case in making his decision and indicated he would presume the defendant innocent and would not vote to convict unless the State had proven him guilty beyond a reasonable doubt. The Supreme Court | Bconcluded the trial court did not abuse its discretion in denying the defendant’s challenges for cause against these jurors.3

Similarly, in the instant case, Mrs. Ma-gee stated that she thought she could be fair and impartial in this case.

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Bluebook (online)
916 So. 2d 191, 2005 La. App. LEXIS 1224, 2005 WL 1054983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-magee-lactapp-2005.