State v. Porter

806 So. 2d 64, 2000 La.App. 4 Cir. 2286, 2001 La. App. LEXIS 3182, 2001 WL 1684532
CourtLouisiana Court of Appeal
DecidedDecember 27, 2001
DocketNo. 2000-KA-2286
StatusPublished
Cited by2 cases

This text of 806 So. 2d 64 (State v. Porter) 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. Porter, 806 So. 2d 64, 2000 La.App. 4 Cir. 2286, 2001 La. App. LEXIS 3182, 2001 WL 1684532 (La. Ct. App. 2001).

Opinion

h DAVID S. GORBATY, Judge.

On August 5, 1997, George Porter was charged by a three count bill of information with attempted second degree murder, attempted aggravated rape, and attempted aggravated crime against nature. Porter pled not guilty at arraignment. At a hearing on February 4, 1998, the trial court denied defendant’s motions to suppress the evidence, statements and identification and found no probable cause as to attempted aggravated rape. On June 29, 1999, the trial court denied defendant’s motion for continuance, and trial commenced. On June 30, 1999, the jury found defendant guilty as charged on all counts.

The state filed a multiple offender bill of information alleging defendant to be a fourth felony offender. Defendant was sentenced on July 12, 1999 to concurrent fifty year sentences on counts one and two, and to ten years on count three. All sentences were imposed without benefit of parole, probation or suspension of sentence. The trial court found defendant to be a fourth felony offender, and after vacating defendant’s sentence on count one, the court sentenced defendant to life in prison without benefit of parole. Defendant subsequently filed this appeal.

19FACTS

At trial, the victim, M.L., testified that early on the day of May 24, 1997, she was at an acquaintance’s house, where she smoked possibly three rocks of crack before returning home. Approximately three hours later, the victim returned to the house where several people had congregated and encountered Porter. After a brief conversation, defendant asked the victim if she would accompany him to his brother’s apartment in DeGaulle Man- or, a nearby apartment complex, to get twenty dollars. The victim admitted that she believed the defendant was going to get a rock or possibly that he was going to get the money with the intent of paying her for sex.

M.L. walked with the defendant to DeG-aulle Manor. They took the elevator to the fifth floor and exited. Defendant told the victim that they were going to go smoke, but M.L. told the Porter that she did not want to. She explained that she had never smoked outside and knew that the complex had a security guard. Porter began pulling her arm. M.L. testified that she was afraid but went with the defen[68]*68dant anyway. Porter began smoking from a pipe and offered some to the victim. She testified that she took the pipe but only pretended to smoke from it. She stated, “I was scared and nervous. He already he was making me nervous when he kind of jecked [sic] me and brought me to the back from the git-go. My mind wasn’t on smoking you know. I just kept saying, ‘When you going to get the twenty dollars. Let’s go by your brother.’ ”

At this point the defendant began to request sex from the victim. He stated to her, “Well yeah, what you going to do for me. I gave you my stuff.” M.L. refused to go along with defendant’s requests, but he continued with his demands for her to perform oral sex or to engage in intercourse. Porter then took a knife |3from his pocket and told the victim that she was going to do as he asked. The victim continued to refuse his demands. She then tried to convince him that someone was coming when she saw the elevator light come on, and he put the knife back in his pocket. Porter walked over to the elevator and saw that no one was there. He came back, pulled the knife out, and continued with his demands for sex. Again the victim told Porter that someone was coming. Thinking that this was her opportunity to escape, as Porter walked to the elevator, M.L. followed, but Porter told her to “Get back there” and to take her clothes off. Porter approached her with the knife in his hand, and the two struggled. The knife fell to the ground and Porter recovered it. The victim was on the ground scooting back as Porter made stabbing motions towards her. The victim said she was scared and crying.

Porter reiterated his demands for M.L. to take her clothes off. The victim testified that she thought the defendant was going to rape and kill her. Porter became increasingly agitated and threatened to throw the victim over the balcony if she continued to refuse him. The victim offered to go get twenty dollars from a friend or to give Porter her jewelry. Porter continued to demand that the victim remove her clothes and threatened her with the knife. The victim unbuttoned her clothing so that her brassiere was exposed, but she held onto her clothes telling Porter that she was not going to take them off. Porter stated “Pm not going to tell your f-ing ass no more. Hoe, take them f-ing clothes off.”

Once again, the victim told Porter that the elevator was coming. She testified that she realized this was her last chance and ran, losing her shoes, but Porter grabbed her by the shoulder and stated, “I told you, Pm tired of y’all hoes. I’m going to kill one of y’all hoes. Bitch, come here.” He then stabbed her in the |4neck with the knife and wiped it off. The victim watched as Porter walked down to the first floor. Once he reached the first floor he started running.

The victim knocked on all of the doors, but no one responded. She went down to the fourth floor, where a girl with a baby came out. The victim asked the girl to please help her, to call the police, and told her that a man had tried to rape and kill her. The girl gave her towels for the blood. The police arrived first, and after the ambulance arrived, she was put on a stretcher and taken to Charity hospital.

The victim also explained that in 1998, she admitted herself to Charity Hospital because she was hearing voices. She explained that she suffered from schizophrenia. The victim admitted that she had been taking marijuana and cocaine for ten or fifteen years, and that she had smoked a rock of crack cocaine three days before the trial.

Dr. Richard Riehoux was admitted by stipulation as an expert in forensic psychi[69]*69atry. Riehoux testified that he had reviewed the victim’s medical records from the incident in question as well as records from July 1998 pertaining to psychiatric treatment received by the victim in an effort to understand what kind of psychiatric problems she might have. Riehoux stated that he had spoken to the state and the defense about the case.

Dr. Riehoux testified that the July 1998 records clearly indicated that the Charity Hospital psychiatric personnel viewed the victim as suffering from schizophrenia and having a history of substance abuse. Dr. Riehoux stated he could not find any records of any observed mental status abnormalities. Dr. Riehoux related that in his experience, when an individual is being treated for a |smedical problem and that person shows obvious signs of mental illness, there is ordinarily some documentation of that fact.

On the morning of trial, Dr. Riehoux met with the victim for nearly an hour. He found that in some respects, she showed symptoms consistent with a diagnosis of schizophrenia. The victim was much more communicative and expressive than is typical for schizophrenics; however, the victim’s reports of experiencing auditory hallucinations were consistent with the disease. Riehoux testified that it is possible to misdiagnose someone as schizophrenic who is actually suffering from severe cocaine abuse, as many of symptoms of schizophrenia can be replicated by severe cocaine abuse.

Riehoux related that the records from the May 1998 admission reflect that the victim heard voices that told her to kill her husband and to cut herself and bleed.

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Related

State v. Hickman
194 So. 3d 1160 (Louisiana Court of Appeal, 2016)
State v. Juarbe
824 So. 2d 1240 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
806 So. 2d 64, 2000 La.App. 4 Cir. 2286, 2001 La. App. LEXIS 3182, 2001 WL 1684532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-porter-lactapp-2001.