State v. Morris

606 N.W.2d 430, 2000 Minn. LEXIS 62, 2000 WL 144264
CourtSupreme Court of Minnesota
DecidedFebruary 10, 2000
DocketC1-98-1869
StatusPublished
Cited by6 cases

This text of 606 N.W.2d 430 (State v. Morris) 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. Morris, 606 N.W.2d 430, 2000 Minn. LEXIS 62, 2000 WL 144264 (Mich. 2000).

Opinions

[431]*431OPINION

LANCASTER, Justice.

After a jury trial in Ramsey County District Court, appellant, American La-Verne Morris, was convicted of one count of murder in the first degree, criminal sexual conduct, Minn.Stat. § 609.185(2) (1998).1 Appellant argues that the circumstantial evidence presented at trial was insufficient to prove that he committed the murder of the victim, Marilyn Ford, during a sexual assault. Appellant also argues that the trial court erred in excluding evidence about the victim’s reputation. We affirm.

On March 26, 1998, forty-five-year-old Marilyn Ford resided in the lower duplex of 758 East Maryland Avenue in St. Paul. Ford lived with her brother Willy Chambers and Chamber’s girlfriend Rochelle Banks. Banks was temporarily away from the residence at that time.

Appellant American Morris, Banks’ stepfather, also lived in the duplex. Appellant awoke at about 5:20 a.m. on March 27, 1998, and went to work as a day laborer. Chambers awoke at 11:00 a.m. when James Whitelow, Ford’s boyfriend, arrived at the apartment.

At about noon Lillian Beard, who lived in the upper half of the duplex, came home and discovered Ford lying face-up in the grass alongside the house. Beard brought Chambers and Whitelow out to the front yard. A passerby, Carolyn Fick, stopped and dialed 911 on her cellular telephone and handed it to Chambers. Fick, a nurse, checked for a pulse in Ford’s neck, but there was none. Paramedics arrived shortly thereafter and pronounced Ford dead.

The police received the 911 call at around noon, and officers arrived just after the paramedics. Detective Sgt. Findley interviewed Beard about past arguments between Ford and appellant. Beard told the police she had last seen Ford early that morning. Beard said Chambers was upstairs in Beard’s apartment, and sometime around 1:30 a.m. Ford joined them on the, back landing and said she was going outside to “get some air.”

Chambers told one officer he last saw his sister at 2:00 that morning, awake and alone in her bedroom. Chambers said he went to Beard’s apartment after he saw his sister in bed. To a different officer, Chambers said that Ford was with appellant in her bedroom when he last saw her. Chambers said he interrupted the two while they were engaged in sexual intercourse. Chambers said he asked who was there and Marilyn Ford answered either, ‘We’re here” or ‘We are.”

During these police interviews, Dr. Michael McGee, the Ramsey County Medical Examiner, arrived at the scene and viewed Ford’s body. Dr. McGee noted that Ford was lying on her back with her arms stretched over her head. Her body was partially obscured by hedges and in a full state of rigidity. When he rolled the body over, Dr. McGee found dirt inside Ford’s pants. The doctor concluded that Ford was killed elsewhere and dragged to the yard. He estimated that Ford died ten to twelve hours before her body was found at noon.

Dr. McGee, along with Sgts. Findley and Luna, then went inside the lower level of the Maryland Avenue duplex. They observed small traces of blood on a kitchen cabinet, kitchen floor, living room carpet, [432]*432front entry wallpaper, and the inside' of the front screen door. There was also blood on the sheet and mattress cover from Ford’s bed. The comforter from the bed was rolled up on the floor of the back bedroom. Sgt. Luna found a pillowcase, sheet, and a woman’s scarf inside the comforter. The comforter had bloodstains soaked through on both sides. Sgt. Luna concluded that the victim’s body had been placed on the other bed in the back bedroom because there were thick irregular blood patterns that went through a quilt, two sheets, and directly into the mattress.

The police went to appellant’s workplace and brought appellant to the St. Paul Police Department at about 3:45 p.m. for questioning. When Sgt. Findley told appellant that Ford was dead, appellant did not show emotion but said simply “When?”

Appellant stated that he had worked until 5:00 p.m. the previous day, and then cashed his paycheck and bought some alcohol. Appellant walked to the home of his stepdaughter, Kathryn Banks. Banks and appellant next stopped at Susan Tolliver’s before walking to the Maryland Avenue duplex. Inside, appellant found Ford and Chambers watching television. Appellant and Kathryn Banks left shortly thereafter to go to Nancy Banks’ house. Appellant said he returned to find Chambers, and Ford still watching television.

Appellant told police that Chambers left about midnight. Appellant said Ford then asked him if he wanted to have sex with her in exchange for his providing crack cocaine. Appellant told police they went into Ford’s bedroom to have sex. Chambers soon interrupted them by opening Ford’s door. Appellant gave two versions about how the interruption occurred, first stating that Chambers knocked and entered when appellant was standing next to the bed. Appellant later told police that Chambers did not knock and instead discovered appellant in bed with Ford. After the interruption, appellant stated he cleaned up in the bathroom and went out through the back bedroom to join Chambers for a cigarette. Appellant told Sgt. Findley that Ford left at about 12:45 a.m., telling the m.en she was going to meet a man named Al.

Appellant said that at 3:00 a.m. Lillian Beard knocked on the door and asked Chambers to join her upstairs. Chambers left but, then returned a few minutes later. Both appellant and Chambers then went to bed, and appellant awoke at 5:20 a.m. and left for work.

The police arrested appellant at the end of the interrogation. They then obtained and executed a search warrant for his home. The police found appellant’s machete under Ford’s bed, but they did not believe the machete was used in Ford’s murder.

At trial James Whitelow testified that Ford was afraid of appellant because he had once pulled a knife on her. Whitelow identified the machete found under Ford’s bed as belonging to appellant. Whitélow stated that Ford was not sexually interested in appellant.- ■

Appellant’s ex-girlfriend Nancy Banks also linked the machete to appellant and answered affirmatively when asked whether appellant always carried the machete with him. Banks also testified that Ford and appellant had several arguments. Banks stated that appellant said “a number of times” he was going to kill Ford. Banks testified she was with appellant and Ford at their apartment from 10:00 p.m. on March 26 until appellant walked her home at about 11:45 p.m.

Susan Tolliver testified that she and her husband were outside their home at about 11:00 or 11:30 p.m. on March 26 when they ran into appellant, Ford, and Lillian Beard. Tolliver said Ford and Beard walked away to buy crack cocaine for appellant. Appellant spoke with Tolliver and her husband for a few minutes and then appellant walked home.

Lillian Beard testified that Chambers was in her apartment at about 1:00 a.m. on [433]*433March 27 when Ford came up to say she was going out. Chambers asked why she was going out so late, and Ford responded that she wanted to get some air. Chambers stayed with Beard before going downstairs at about 2:00 a.m. Beard testified that she once intervened in an argument between Ford and appellant. Beard said appellant had a knife in his hand and Beard heard appellant say to Ford, “I’ll kill you, bitch.”

Ford’s daughter Iquittia Carruthers testified that during November 1997 Ford stated that appellant wanted to have sex with her.

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State v. Morris
606 N.W.2d 430 (Supreme Court of Minnesota, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
606 N.W.2d 430, 2000 Minn. LEXIS 62, 2000 WL 144264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morris-minn-2000.