State v. Miller

666 N.W.2d 703, 2003 Minn. LEXIS 469, 2003 WL 21805466
CourtSupreme Court of Minnesota
DecidedAugust 7, 2003
DocketC5-02-1119
StatusPublished
Cited by31 cases

This text of 666 N.W.2d 703 (State v. Miller) 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. Miller, 666 N.W.2d 703, 2003 Minn. LEXIS 469, 2003 WL 21805466 (Mich. 2003).

Opinions

[706]*706OPINION

GILBERT, Justice.

Appellant Marcus Keith Miller was charged by indictment in Hennepin County for first-degree murder, Minn.Stat. § 609.185(1) (2002), and second-degree murder, Minn.Stat. § 609.19, subd. 1(1) (2002), for the killing of Wendy Bozeman. A jury trial was held. The jury returned guilty verdicts on both charged counts. A sentencing hearing was held and appellant received the mandatory sentence for first-degree murder, life in prison. Appellant appeals the judgment of conviction on the following grounds: (1) the district court committed reversible error when it allowed the state to introduce DNA evidence developed through the use of PCR-STR process and random match probability statistics that were not shown to fall within this court’s DNA exception to the rule against admission of quantitative, statistical probability evidence; and (2) the district court committed reversible error when it admitted testimony by police that appellant kept a list of sexual partners that included references to prostitutes, and a plastic female head used by appellant as a sex toy. We affirm.

At 5:20 in the afternoon on May 31, 2001, a woman walking her dog in Theodore Wirth Park discovered a severed human arm. She reported the discovery to park employees who then called 911. The area of the park where the arm was found was cordoned off and searched. The search eventually led to the discovery of another arm, two legs and a head. Subsequently, these remains were identified as those of Wendy Bozeman. A garbage can within the park was inspected and found to contain a plastic garbage bag. That garbage bag contained three other garbage bags, Allied parking lot ticket stubs, a City Pages newspaper, a Burger King french fry container, cigarette butts, blood and human tissue.

Ronald Rucker, the father of Wendy Bozeman’s son, testified at trial to the following. His longtime relationship with Wendy ended and the two separated, but they remained in touch for the purpose of raising their 14-year-old son. In November of 2000, Bozeman had fallen on hard times and asked if their son could move in with Rucker. Rucker agreed, and hearing that Bozeman had no place to stay, allowed her to move into his home too. Thereafter, Bozeman lived with Rucker on and off between November and May. On May 30, 2001, Bozeman went to work at her job downtown. That evening, while their son was at a church activity, Rucker saw that Bozeman was in the bathroom and smelled the odor of cocaine coming from the bathroom. In the early morning hours of May 31, between 12:00 and 12:30 a.m., Bozeman said she “was going around the corner” and that she would be back. Rucker understood that to mean that she was going to a nearby drug house to get drugs. Bozeman left with only her keys and identification. She never returned.

The next day Rucker read in the newspaper that an African-American woman’s body had been found in Theodore Wirth Park. Rucker called the police and local hospitals and was directed to the coroner’s office. He called the coroner’s office and provided a description of Bozeman. He was asked to come down to identify her remains. Rucker positively identified the remains of Bozeman from a photo of the remains taken by the coroner.

A surveillance camera in Theodore Wirth Park provided evidence implicating appellant. Police sergeant Erika Christensen testified as to what the video [707]*707showed, and the video was introduced into evidence. At 3:28 p.m., the video shows a Geo Tracker or Suzuki Sidekick come up to the parking lot, slow down and then go through again. The vehicle returns 5 to 8 minutes later and the driver parks it in the north end of the parking lot. A man exits the vehicle and walks to a trash can approximately 20 feet from the parking spot and appears to place a trash bag into the trash can. The man returns to the vehicle, stands for a moment in front of the vehicle, walks to the back of the vehicle and stands there for another brief moment, and then gets in the vehicle and leaves. From a review of the video the police were also able to determine that the vehicle in the video was a 1992-1996 model Geo Tracker.

Prior to the arrival of the vehicle, the only other time the video shows someone near the trash can is at 12:54 p.m. At that time a park employee, riding on a motorized cart, stops in the area of the trash can, gets out and looks inside the trash can and then gets back onto the vehicle and drives away. A man testified that he was the park employee on the video and that although he had no particular recollection of checking that garbage can, if there had been trash in the can, he would have removed it.

Paul Melchert testified that while driving through the park in the afternoon of May 31, he saw a vehicle parked on the side of the road in a no-parking area and a man standing by the curb. The back tailgate of the vehicle was open and there was a garbage bag to the man’s left. Melchert testified that his attention was drawn to the man because he believed the man was dumping trash in a city park. At the time, Melchert considered reporting the man to the park authorities for illegal dumping, but ultimately decided not to report the incident and left the park. Upon reading in Monday’s newspaper that human remains had been found in the park, Mel-chert contacted the police.

Melchert testified that the vehicle was a turquoise car with a hatchback that hinged on the left side and had a black roof and purple and white decaling. He described the man he had seen as “a light-skinned African male with longer hair kind of in — I call them Jeri curls.” He testified that the man was wearing a dark green jogging suit with a white patch on the front that came into a triangle. Melchert testified that he did not get a good enough look at the man to be able to identify him.

The investigating officers were able to track the Allied parking ticket stubs found in the trash can at the park back to a specific parking lot in downtown Minneapolis. The officers went to the lot and noticed a Geo Tracker matching the description of the one appearing in the surveillance video. The parking lot attendant told the officers that the driver of the Tracker worked at Augie’s, a bar next to the parking lot. The officers ran the Tracker’s license plate and discovered the vehicle was registered to appellant.

The officers returned to the parking lot later in the day and upon seeing that the Tracker was still in the lot, entered Au-gie’s pretending to be license inspectors with the Minneapolis Police Department. Appellant informed the officers that his shift -had ended at 8 p.m. on May 30 and he had not worked on May 31.

Appellant was placed under police surveillance. While under surveillance he drove to the Salvation Army and left a garbage bag at the front door. The police recovered 'the bag. The bag contained numerous empty beer and liquor bottles, women’s jewelry and paper backing from self-adhesive floor tiles. The officers followed appellant back to his home where they could see through the window that he was “scrubbing or cleaning something.”

[708]*708Appellant did not testify at trial. The investigating officers provided the following testimony. Appellant, having heard that he was under investigation, on his own initiative, went to the Minneapolis police homicide office. There he met with the investigating officers, the same officers who had talked to him earlier at Augie’s when posing as liquor license inspectors. Appellant spoke with investigators for 3 hours. Appellant denied knowing Boze-man.

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Cite This Page — Counsel Stack

Bluebook (online)
666 N.W.2d 703, 2003 Minn. LEXIS 469, 2003 WL 21805466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-miller-minn-2003.