State v. Passaniti

144 So. 3d 1220, 2014 WL 2917053, 2014 La. App. LEXIS 1642
CourtLouisiana Court of Appeal
DecidedJune 27, 2014
DocketNo. 49,075-KA
StatusPublished
Cited by7 cases

This text of 144 So. 3d 1220 (State v. Passaniti) 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. Passaniti, 144 So. 3d 1220, 2014 WL 2917053, 2014 La. App. LEXIS 1642 (La. Ct. App. 2014).

Opinion

BROWN, Chief Judge.

| defendant, Linda Kate Keeney Passan-iti, was indicted as a principal to second degree murder, in violation of La. R.S. 14:24 and 14:30.1 (count one); with conspiracy to commit second degree murder, in violation of La. R.S. 14:26 and 14:30.1 (count two); and with three counts of principal to forgery (forgeries of a financial power of attorney, a health care power of attorney, and a will), in violation of La. 14:24 and 14:72.

A jury returned a verdict of guilty on all charges. Defendant’s motions for post-verdict judgment of acquittal and new trial were denied. She was sentenced to life imprisonment at hard labor without benefits on count one; 30 years at hard labor without benefits on count two; and 10 years at hard labor without benefits on each of counts three, four, and five. The sentences were imposed consecutively. Defendant has appealed. For the following reasons, defendant’s convictions are affirmed, her life sentence without benefit of parole is affirmed and the sentence for counts two, three, four, and five are amended only to the extent that the parole restrictions are deleted.

The Players

Ernest Luttrell, a hay farmer, owned 60 acres of land in Keithville, Louisiana. On July 25, 2010, the 73-year old Luttrell was shot to death in his home by Eric Crain. To avoid the possibility of capital punishment, Crain pled guilty to first degree murder with a sentence of life imprisonment without the benefit of parole and agreed to testify at defendant’s trial.

Tina Vanmoerkerque lived on the Lutt-rell property; she lived with Chris Tope, her boyfriend, in a small camper trailer behind the Luttrells’ 12home. Chris worked as a handyman and Tina worked as a housekeeper and personal assistant to Loretta Luttrell. Initially charged with first degree murder, Tina Vanmoerkerque pled guilty to second degree murder with a [1223]*1223sentence of life imprisonment without the benefit of parole and agreed to testify at defendant’s trial.

Co-conspirator, Loretta Bobbie Moore Luttrell (Ernest’s domestic partner — they were not married but lived together for more than 50 years) was arrested and charged with the first degree murder of Ernest. Both Ernest and Loretta had been diagnosed with dementia. After her arrest, Loretta was diagnosed with severe Alzheimer’s disease and declared mentally incompetent. Loretta is now housed in a facility for Alzheimer’s patients. Defendant, Linda Kate Keeney Passaniti, is Loretta’s daughter.

Discussion

Sufficiency of the Evidence

Defendant argues that the evidence was insufficient to convict her. In the opening statement to the jury and in brief before this court, defendant admits guilt on count five, the forgery of Ernest Luttrell’s 2010 testament. Specifically, defendant claims that the only evidence that she “masterminded the scheme .to kill Ernest Luttrell” came from two witnesses, Tina Vanmoerk-erque and Tawanda Daughtry, who she asserts were not credible. Tina’s testimony was that Loretta had her hire Eric Crain to kill Ernest for $1,000; Daughtry was a cellmate of defendant who testified to conversations with defendant wherein she confessed to the crime.

|aThe Agreement to Kill Ernest

Tina testified that sometime during the spring of 2010 she heard the following statements made by defendant and Loretta during phone conversations (the speaker phone was on):

• defendant needed money;
• defendant instructed Loretta that if putting “him” in a nursing home does not work, she was to tell Tina to get the hit man to kill Ernest;
• Loretta said that she agreed;
• Loretta stated that she would speak to Tina about hiring a contract killer;
• defendant instructed Loretta that she needed to put more pressure on Tina to find a hit man;
• Loretta stated that Tina knew a hit man to take care of Ernest.

Loretta told Tina to find someone who would kill Ernest for $1,000 or she would be thrown off the property; she also gave Tina one of Ernest’s handguns.

Ernest’s Murder

On July 24, 2010, Tina ran into Eric Crain, the ex-boyfriend of her daughter, at a convenience store. According to Crain, they talked and made plans to hang out later that evening. The two met at a McDonald’s Restaurant on Mansfield Road and while they were driving around, Tina asked him if he wanted to make some “quick money.” She told Crain that:

• she needed him to kill her employer’s husband;
• Loretta, the intended victim’s wife, would pay him $1,000;
k!» she . (Tina) and her employer’s husband were “having a confrontation.”

Crain agreed when he found out there was money involved, and Tina called Loretta to tell her that she had someone to do “the job” and that she would call her in the morning. Crain testified that his willingness to participate in Ernest’s murder could have been based in part on the large amount of alcohol and drugs he had ingested during the course of that day and into the next one. He and Tina ordered pizza, “one thing led to ánother” and they had sex. They drank together, he took some more pills, and Tina had to go out around 2:00 a.m. to deal with her boyfriend, who was threatening to throw her out of their trailer.

[1224]*1224During their time together at the motel, Tina gave him a snub-nosed chrome .44 magnum revolver1 that she said was hers, along with the following instructions:

• the killing would occur the next day;
• Loretta would be leaving to go to church early;
• Tina would drive him to the Luttrell home and drop him off;
• he was to enter through the side gate of the home;
• Loretta would leave the side door unlocked and turn the house alarm off;
• Ernest would either be asleep or in his recliner watching TV;
• he was supposed to make it look like a robbery;
k* he was supposed to take Ernest’s guns from the gun safe, his keys from a bowl on the kitchen counter, and his truck.

Tina told him to take the truck since she was dropping him off. After he was finished, Crain was to meet Tina at the Wal-mart on Pines Road. Crain testified that Tina told him that this information was from Loretta, but he did not ever speak to Loretta. He also testified that Tina never mentioned defendant’s name or alluded to her identity. The only names he heard regarding Ernest’s murder were Tina’s and Loretta Luttrell’s.

Tina testified that on the morning of Sunday, July 25, 2010, she called Loretta to tell her they were on their way. Loretta told Tina she was about to leave the house to go to church. On the drive to the Luttrell home, Tina and Crain talked through the scenario one more time. Tina dropped Crain off at the mailbox at the driveway to the Luttrell residence. Crain testified that he entered the house, shot and killed Ernest, and stole his keys, four guns and his truck. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
144 So. 3d 1220, 2014 WL 2917053, 2014 La. App. LEXIS 1642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-passaniti-lactapp-2014.