State v. Morning

149 So. 3d 925, 2014 La. App. LEXIS 2314, 2014 WL 4853120
CourtLouisiana Court of Appeal
DecidedOctober 1, 2014
DocketNo. 49,300-KA
StatusPublished
Cited by7 cases

This text of 149 So. 3d 925 (State v. Morning) 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. Morning, 149 So. 3d 925, 2014 La. App. LEXIS 2314, 2014 WL 4853120 (La. Ct. App. 2014).

Opinion

PITMAN, J.

_jjA nonunanimous jury convicted Defendant Ahmed Rashad Morning as charged of aggravated rape. The trial court sentenced Defendant to the mandatory term of life imprisonment. Defendant appeals his conviction and sentence. For the following reasons, we affirm Defendant’s conviction and sentence and remand to the trial court for compliance with sex offender registration requirements.

FACTS

On October 15, 2012, the state filed a bill of indictment charging Defendant with one count of aggravated rape in violation of La. R.S. 14:42. On August 8, 2013, the state filed an amended true bill of indictment to specify that Defendant committed aggravated rape in violation of La. R.S. 14:42(A)(3). On November 20, 2012, Defendant pled not guilty. A jury trial began on September 10, 2013.

T.A.C.1 testified that, on August 16, 2012, she was working as an escort who received “donations for companionship.” She testified that she never exchanged sex for money. She stated that she and Kimberly Fisher worked together and advertised on the website backpage.com. In August 2012, they came fi-om Texas to the Shreveport-B ossier area, staying at America’s Best Value Inn in Bossier City (“the hotel”), because “the donations were better.” She testified that Defendant called her to set up a half-hour meeting and then met her at the hotel. Defendant was nervous that Ms. Fisher was in the room, so Ms. Fisher left. T.A.C. stated that she |2and Defendant began talking and that Defendant commented “he was nervous because he had just got popped for this at the Horseshoe Hotel.... for prostitution.” She stated that she then asked for a $100 donation. Defendant refused to give it to her and she told him to leave. She testified that he then went to the bathroom and came back holding a knife, which she described as a big knife with a black handle that comes in a kitchen set. She stated that he then pulled the phone cord out of the wall, grabbed her and started choking her with the knife to her throat and told her he was going to kill her if she did not give him money. She stated that he then began raping her vaginally and forced her to perform oral sex on him. She testified that Defendant told her to call Ms. Fisher and tell her to bring money. She stated that she called Ms. Fisher, telling her that Defendant wanted a “two-girl special,” which was their code phrase for something [928]*928is wrong. She stated that Ms. Fisher then came back to the hotel and knocked on the door. T.A.C. opened the door and ran to the hotel office hysterically screaming. The manager put T.A.C. in a room and called the police. She then went back to her hotel room to get dressed. She testified that the police arrived, spoke to her for a few minutes and then transported her to the hospital. T.A.C. admitted that she gave two stories to the police. She explained that she was worried she would get in trouble if the police knew she was an escort, so she lied and said that her hotel room door was unlocked and Defendant came into the room and raped her. She stated that, once the police officers told her they were aware of her back-page.com advertisement, she told the truth about being an escort and about the events of the day.

hKimberly Fisher testified that she and T.A.C. had an escort business where they were paid a “donation” for their time and companionship and that they posted an escort listing on backpage.com along with their phone numbers. She testified that, in August 2012, she and T.A.C. traveled from Longview, Texas, to the Shreveport-Bossier area because they could earn greater “donations” in a bigger city. She stated that, on August 16,- 2012, while staying at the hotel, T.A.C. received a call from Defendant to arrange a meeting. Defendant arrived at the hotel at 4:15 p.m. and she then left to do some shopping. She explained that, after she had been gone for 45 minutes, she received a call from T.A.C. stating that Defendant would like a “two-girl special,” which was their code phrase meaning something was wrong. Ms. Fisher testified that she immediately went back to the hotel room and began banging on the door. She heard shuffling inside the room, and then:

[T.A.C.] opened the door and her face was pale white. She was crying and immediately she slammed the door into the defendant, ... who was behind the door and she just said, “Run, he has a knife. He’s trying to kill us.” And as soon as she said that I seen a glare from the knife_[S]he took off running. I ran after her until I seen that he was right beside me with the knife.

Ms. Fisher described the knife as a butcher knife with “little lines at the bottom” and a black handle. She stated that she ran to her car and pulled up behind Defendant’s car to get his license plate number. She admitted to police officers that she did not tell them the truth about being an escort because she was afraid of going to jail. She explained that, later that day, [¿when confronted by police officers about her backpage.com ad, she told them the truth about what had happened.

Viral Patel testified2 that he works at the hotel as a front desk manager. He stated that, on August 16, 2012, he was in his office when he heard T.A.C. yelling for help and running naked in the lobby. He described her as “scared” and “shaking.” Mr. Patel stated that he took T.A.C. to a different hotel room to wait while he called the police. He testified that the hotel has surveillance cameras and that a camera recorded T.A.C. running in the hallway.3

Officer Jason Lowe, Officer Tyler Wolf, Detective Karen McDonald and Detective Kevin Jones, all employed by the Bossier City Police Department, testified at trial and offered very consistent testimony. Each testified that, on August 16, 2012, [929]*929they were dispatched to the hotel in response to a call that a rape had occurred there. The officers made contact with T.A.C., who appeared upset and was crying and shaking. Ofc. Wolf stated that T.A.C. and Ms. Fisher were separated and that the officers spoke to each woman individually. Ofc. Lowe and Ofc. Wolf stated that T.A.C. gave a description of the suspect as a black male with tattoos who appeared to be in his early thirties. Ofc. Wolf, Det. McDonald and Det. Jones all testified about T.A.C.’s account of the events. They stated that T.A.C. told them she was in the bathroom of her hotel room (Room 119) when a black | ñmale came into the room and raped her at knife point.4 Det. McDonald testified that, following her conversation with T.A.C., T.A.C. was transported to the hospital to be examined by a sexual assault forensics examiner (“SAFE”) nurse.

Ofc. Wolf and Det. Jones testified that Ms. Fisher told them she had left the hotel room to go to the store. When she returned and knocked on the door, T.A.C. ran out of the room naked screaming “he’s trying to kill me” and “he has a knife.” Ofc. Wolf stated that Ms. Fisher told him she saw a large knife and a black man running out from behind the door.

Ofc. Wolf and Det. Jones noted that Ms. Fisher followed Defendant and was able to get the tag number on his vehicle and to describe the vehicle. Ofc. Lowe stated that he “ran” the vehicle tag number in Thinkstream (a vehicle identification computer program) and learned that the vehicle driven by Defendant was registered to a black female with the last name of Morning who had a Shreveport address. Ofc.

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Cite This Page — Counsel Stack

Bluebook (online)
149 So. 3d 925, 2014 La. App. LEXIS 2314, 2014 WL 4853120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morning-lactapp-2014.