State v. Ness

431 N.W.2d 125, 1988 Minn. LEXIS 271, 1988 WL 118048
CourtSupreme Court of Minnesota
DecidedNovember 10, 1988
DocketCX-87-2510
StatusPublished
Cited by3 cases

This text of 431 N.W.2d 125 (State v. Ness) 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. Ness, 431 N.W.2d 125, 1988 Minn. LEXIS 271, 1988 WL 118048 (Mich. 1988).

Opinion

YETKA, Justice.

On September 30, 1987, Jeffrey Brian Ness (defendant) was convicted, after a jury trial in Isanti County District Court, of murder in the first degree in connection with the April 22, 1987 death of his father, David Ness. Defendant was sentenced to the mandatory term of life imprisonment. On appeal, defendant seeks reversal on the grounds of insufficiency of the evidence to prove premeditation and intent and error in allowing his confession .into evidence. We affirm the conviction.

Until the date of the offense, Jeffrey Brian Ness defendant lived with his father in rural Isanti County near Stacey, Minnesota. Defendant, who was 19 years old at the time of the offense, had lived alone with his father since 1984 when defendant’s natural mother died of cancer. The relationship between defendant and his father was strained. Witnesses testified that the deceased was very strict with defendant and provided too much supervision and direction. While defendant maintained that he and his father got along well, three witnesses testified that, on several occasions prior to the offense, defendant had mentioned wanting to kill or injure his father.

Monty Frenzel, defendant’s best friend, testified that defendant spoke of killing his father “whenever he got mad.” At trial, Frenzel told of four occasions when defendant had threatened to kill his father. The very first time Frenzel heard defendant mention killing his father occurred several weeks after Frenzel first met defendant while both were employed at a bird seed factory. Defendant invited Frenzel to his home during a break at work. While there, defendant told Frenzel, “This would be a nice party house * * and added that if he killed his dad, he would get everything —the house, the three-wheeler and the truck.

One or 2 months before the offense, defendant threatened to kill his father while he and Frenzel were in Florida on spring break. En route to Florida, defendant’s truck had broken down, forcing defendant and Frenzel to hitchhike the rest of the trip. While attempting to hitch a ride outside Daytona Beach, Florida, defendant became frustrated with hitchhiking and remarked to Frenzel that they wouldn’t be hitchhiking if he had his dad’s truck, that if he had killed him, he would have his truck. At this time, defendant came up with the idea of using a baseball bat to kill his father. Defendant then asked Frenzel if killing his dad with a bat would be bloody, to which Frenzel replied, “Probably not. It ain’t on the movies.”

On a third occasion, approximately 1 week before the offense, Frenzel had met defendant to hitchhike into town to celebrate defendant’s birthday. They were given a ride into town where they drove around and drank beer with the person who picked them up. When asked about the $20 he had, defendant said he had received it from his father. Defendant termed the gift “a measly 20 bucks” and added that he could have everything if he killed his father.

The last time Frenzel heard defendant mention killing his father was early in the evening of April 22, 1987, while Frenzel was visiting defendant. When Frenzel indicated that he wanted to leave to avoid defendant’s father, defendant told him that *127 he would kill his father if Frenzel waited in defendant’s bedroom.

Frenzel’s testimony was supported by the testimony of his brother, Jerry Frenzel. Jerry Frenzel testified that Monty had told him, “[Defendant’s] going to kill his dad, he’s going to hit him over the head with a baseball bat.”

Melissa Thompson and John Locke also testified that they had heard defendant threaten his father. Both were present at the home of Mavis Tacheny, the deceased’s girl friend, on Easter Sunday, April 19, 1987. During the afternoon of that day, defendant told both Thompson and Locke that he hated his father and sometimes felt like “beating the shit out of him.” Locke testified that defendant told him later the same day that he had gone to Florida because “I had to get away; I felt like I was going to kill my dad.”

On April 23, 1987, at approximately 3:00 p.m., the Isanti County dispatcher received a 911 call from the David Ness residence. The caller identified himself as Jeff Ness and told the dispatcher that he needed help because he had just gotten home and found his dad dead. Immediately after the call was received, a four-member ambulance crew from North Branch was sent to the residence.

Upon entering the Ness home, members of the ambulance crew discovered the body of David Ness in a bedroom. The deceased’s body was found lying on his bed in a fetal position with his hands covering his face. The deceased’s head was covered with blood as were the bedding and the sideboard of the bed. Blood was also spattered on the walls and objects surrounding the bed. Next to the deceased’s body on the bed was a baseball bat. The bat was broken and the barrel of the bat was covered in blood. Dr. McGee, the physician performing the autopsy, determined that the cause of death was “cerebral lacerations with basilar skull fractures due to blunt trauma to the head region.” Dr. McGee also determined that the deceased’s injuries were caused by a minimum of six blows delivered with a “great deal of force” by an object consistent with a wooden baseball bat. Dr. McGee estimated that death occurred approximately 30 minutes after the blows were received.

Investigator Kory Erickson of the Isanti County Sheriff’s Department also spoke with defendant at the scene of the offense. Defendant told Erickson that, on April 22, he and his father had worked from 8:00 a.m. to 6:00 p.m. putting up fencing. At about 9:00 p.m., defendant asked if he could go into town with his father’s truck. The deceased said “yes” and the defendant left. According to defendant, this was the last time he saw his father alive. After getting the truck, defendant said that he drove to St. Paul, Minnesota, to look up some friends. His friends weren’t home so defendant bought some chips, parked his dad’s truck and proceeded to eat the chips and drink seven or eight beers that he had brought from his father’s place. A short time later, defendant fell asleep. Defendant said that he awoke at about 8:00 or 9:00 a.m. the next morning and left St. Paul. During the trip home, defendant applied for jobs in North Branch, Rush City and Chisago City. At approximately 2:45 p.m., defendant arrived home. Defendant went inside and called for his father. Getting no response, he then started looking for his father. At this time, defendant said that he noticed drawers were open and things had been pulled out. Defendant walked to his father’s bedroom where he found the body of his father. Defendant then called 911 and went outside to wait.

Following this statement, Investigator Erickson asked the defendant if he would come to the sheriff’s office so he could get a statement on tape. Erickson explained to defendant that coming to the station and giving the statement was voluntary. Defendant agreed to go with Erickson to give a statement. Before leaving with defendant for the Isanti County Law Enforcement Center, Investigator Erickson met with Investigator Larry Southerland, also of the Isanti County Sheriff’s Department, and briefed him on what he knew and how *128 the investigation should proceed. It was decided that Southerland would talk with neighbors of the deceased, and Erickson would bring defendant to the station for a statement.

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

Related

State of Minnesota v. John Yang
Court of Appeals of Minnesota, 2015
State v. Lopez-Rios
669 N.W.2d 603 (Supreme Court of Minnesota, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
431 N.W.2d 125, 1988 Minn. LEXIS 271, 1988 WL 118048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ness-minn-1988.