State v. Mallett

732 S.W.2d 527
CourtSupreme Court of Missouri
DecidedJuly 14, 1987
Docket68030
StatusPublished
Cited by195 cases

This text of 732 S.W.2d 527 (State v. Mallett) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Mallett, 732 S.W.2d 527 (Mo. 1987).

Opinions

BILLINGS, Judge.

Defendant Jerome Mallett was convicted of the first degree murder, § 565.020, RSMo 1986, of Missouri State Highway Patrol Trooper James M. Froemsdorf and sentenced to death, the jury finding the following statutory aggravating circumstances: (1) the murder was outrageously or wantonly vile, horrible or inhuman in that it involved depravity of mind, § 565.-032.2(7), RSMo 1986; (2) "the murder was committed against a peace officer while engaged in the performance of his official duty, § 565.032.2(8), and (3) the murder was committed by a person who had escaped from the lawful custody of a peace officer, § 565.032.2(9). Affirmed.

Defendant contends: (1) the evidence was insufficient to support his verdict; (2) evidence of crimes he committed in Texas shortly before the murder was erroneously admitted at trial; (3) an instruction on the defense of accident should have been submitted; (4) an instruction on circumstantial evidence should have been submitted; (5) the prosecutor improperly argued his character during the guilt phase; (6) evidence of his character and prior criminal activities was erroneously admitted during the penalty phase; (7) one witness improperly testified as an expert; (8) his videotaped statement was erroneously admitted; (9) Missouri’s death penalty is discriminatorily applied; (10) Missouri’s death penalty is unconstitutional; (11) his sentence was imposed under the influence of passion and prejudice; and (12) his sentence is disproportionate to sentence imposed in similar cases.

In assessing a sufficiency of the evidence challenge, the evidence, together with all reasonable inferences to be drawn therefrom, is viewed in the light most favorable to the verdict and evidence and inferences contrary to the verdict are ignored. E.g., State v. Guinan, 665 S.W.2d 325, 327 (Mo. banc), cert. denied, 469 U.S. 873, 105 S.Ct. 227, 83 L.Ed.2d 156 (1984).

On February 4,1985, defendant robbed a jewelry store in Plano, Texas. Based upon the robbery victim’s identification of defendant as the holdup man, the Plano police obtained a warrant for defendant’s arrest. The warrant was placed in the computer system of the National Crime Information-Center (N.C.I.C.). The N.C.I.C. is a system that provides law enforcement agencies nationwide access to information on persons wanted for criminal offenses. The last information sent by the Plano police to the N.C.I.C. was that defendant might be returning to Missouri.

[531]*531Shortly after 5:30 p.m., on March 2,1985, defendant, driving a white over copper Ford, was pulled over for speeding on Interstate 55 in Perry County by Trooper James Froemsdorf. Before Trooper Froemsdorf approached his vehicle, defendant hid his wallet and identification under the front seat. When Trooper Froemsdorf arrived and asked for his driver’s license, defendant replied that he did not have it with him. Defendant told Trooper Froems-dorf that his name was Anthony Mallet. Anthony Mallet is defendant’s brother. Trooper Froemsdorf handcuffed defendant and then in a search of the Ford found several items bearing the name “Jerome Mallet,” including defendant’s wallet containing a Texas driver’s license and several pawnshop tickets.

Returning to his patrol car with these items, Trooper Froemsdorf called in to the Highway Patrol radio dispatcher. After running a check on the driver’s license, the dispatcher informed Trooper Froemsdorf that defendant was wanted in Texas on four warrants for probation violation and one warrant for aggravated robbery. At 5:40 p.m., Trooper Froemsdorf, in his last radio transmission, told the dispatcher that defendant was in custody, that he needed no assistance, and that the dispatcher could contact him next at the Perry County Sheriff’s Office.

At approximately 6:00 p.m., a passing motorist, curious at seeing an apparently unoccupied patrol car with its red lights flashing, stopped to investigate and found Trooper Froemsdorf’s body. At 6:15 p.m., a highway patrol trooper also arrived at the scene. The trooper called for medical personnel who subsequently pronounced Trooper Froemsdorf dead.

The inside of Trooper Froemsdorf’s patrol car was a shambles, evidencing a struggle. Found in the patrol car were defendant’s driver’s license and the other identifying items Trooper Froemsdorf had taken from defendant’s vehicle, along with a partially filled out speeding ticket for defendant and a handwritten note listing defendant’s Texas warrants. Missing from the patrol car was Trooper Froemsdorf’s service revolver, a .357 magnum. On the hood of the car investigators later found defendant’s palm print.

Around 7:00 p.m. that evening, a St. Francois County deputy sheriff sighted defendant’s copper and white Ford and began a pursuit. The chase ended with defendant missing a turn, running up an embankment, and crashing through a fence into a field. Defendant evaded capture by quickly exiting the vehicle and fleeing on foot. On the front floorboard of defendant’s car the deputy found Trooper Froemsdorf’s service revolver. The weapon contained four spent and two unspent shells. The only fingerprint found on the revolver belonged to defendant. Defendant’s fingerprints were also on the door of the Ford.

After fleeing, defendant swam across a river and spent the first night in a car in a nearby garage, where he also stole a jacket and shoes to replace his own wet clothing. Leaving the garage the next day, defendant saw signs of a search and stole away to a barn where he burrowed under some hay. After spending two nights in the barn, defendant attempted to reach a nearby McDonald’s for food. Law enforcement officers, who had been conducting an extensive search, spotted defendant and captured him following a brief pursuit. The officers noticed that handcuffs dangled from defendant’s left wrist. When the right cuff was placed on defendant's right wrist, it slid halfway down his hand. It was ultimately discovered that defendant had suffered an injury to his right hand as a child which enabled him to compress it to nearly the size of his wrist and slip out of handcuffs. After defendant was resecured, he was taken to a highway patrol station where he waived his Miranda rights and gave a video-taped statement. In the statement defendant admitted shooting Froemsdorf, but claimed it was accidental.

In the investigation of the killing of Trooper Froemsdorf, an autopsy was performed on his body. Large bruises and numerous abrasions were evident on Trooper Froemsdorf’s face, primarily on the left side. Under the trooper’s left eye was a serrated cut which matched the ratchet on [532]*532handcuffs used by the highway patrol. Abrasions on the left side of the chin matched the solid portion of the handcuffs. The pathologist testified that this cut and these abrasions were consistent with a blow or blows to the trooper’s face with the handcuffs. Such blows, the pathologist continued, would immediately cause the eyes to water and blind a person for a brief period of time.

On the lower left side of the trooper’s chest was a 7.7 by 4.0 centimeter abrasion surrounded by a large area of bruising. This wound was inflicted by the impact from short range of a .357 magnum bullet into Trooper Froemsdorf’s bulletproof vest. Tests of the bullet causing the wound, which was found imbedded in the vest, indicated that it had been fired from Trooper Froemsdorf’s service revolver.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Tisius
362 S.W.3d 398 (Supreme Court of Missouri, 2012)
State v. Ondo
231 S.W.3d 314 (Missouri Court of Appeals, 2007)
State v. Holleran
197 S.W.3d 603 (Missouri Court of Appeals, 2006)
State v. Christian
184 S.W.3d 597 (Missouri Court of Appeals, 2006)
State v. Gill
167 S.W.3d 184 (Supreme Court of Missouri, 2005)
State v. Naasz
142 S.W.3d 869 (Missouri Court of Appeals, 2004)
State v. Kleypas
40 P.3d 139 (Supreme Court of Kansas, 2001)
State v. Taylor
18 S.W.3d 366 (Supreme Court of Missouri, 2000)
State v. Scott
996 S.W.2d 745 (Missouri Court of Appeals, 1999)
State v. Clay
975 S.W.2d 121 (Supreme Court of Missouri, 1998)
State v. Williams
976 S.W.2d 1 (Missouri Court of Appeals, 1998)
State v. Brooks
960 S.W.2d 479 (Supreme Court of Missouri, 1997)
State v. Maynard
954 S.W.2d 624 (Missouri Court of Appeals, 1997)
State v. Sims
952 S.W.2d 286 (Missouri Court of Appeals, 1997)
State v. Burch
939 S.W.2d 525 (Missouri Court of Appeals, 1997)
State v. Phillips
939 S.W.2d 502 (Missouri Court of Appeals, 1997)
State v. Smith
934 S.W.2d 318 (Missouri Court of Appeals, 1996)
State v. Wright
934 S.W.2d 575 (Missouri Court of Appeals, 1996)
State v. Copeland
928 S.W.2d 828 (Supreme Court of Missouri, 1996)
State v. Clover
924 S.W.2d 853 (Supreme Court of Missouri, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
732 S.W.2d 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mallett-mo-1987.