State v. Randolph

729 S.W.2d 524, 1987 Mo. App. LEXIS 3844
CourtMissouri Court of Appeals
DecidedMarch 24, 1987
DocketNo. 51793
StatusPublished
Cited by6 cases

This text of 729 S.W.2d 524 (State v. Randolph) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Randolph, 729 S.W.2d 524, 1987 Mo. App. LEXIS 3844 (Mo. Ct. App. 1987).

Opinion

REINHARD, Judge.

Defendant was convicted by a jury of capital murder and sentenced to a term of life imprisonment without eligibility for probation or parole until he has served a minimum of fifty years. He appeals. We affirm.

This is defendant’s second trial. His first conviction was reversed in State v. Randolph, 698 S.W.2d 535 (Mo.App.1985) because of the admission of prejudicial hearsay evidence. His roommate, Wallace Spivey, was tried and convicted in connection with the same murder, and his conviction was also reversed in State v. Spivey, 710 S.W.2d 295 (Mo.App.1986) because of the admission of similar hearsay evidence.

The pertinent facts may be simply stated. Defendant, Spivey, and the victim, Greg Eisenberg, were all prelingually deaf and lived in the Boulevard Apartments in the City of St. Louis. Dottie Wilcox, a psychotherapist for the deaf, worked with the three men and saw them on a regular basis. Wilcox testified that when she met with the victim on August 4, 1981, he appeared “disgruntled with what he saw as wrong actions on the part of Ronnie [defendant]." Wilcox confronted defendant later that week and told him that she was very concerned that his recent actions would “cause serious consequences for him.” Defendant said that “Greg was gossiping about him to other deaf people and that Greg had to stop doing that.” Defendant communicated this information to Wilcox with strong, angry gestures.1

On August 22, the victim showed Wilcox a red knapsack and a blue backpack he had purchased, and on August 24, Wilcox saw the victim wearing his watch when she drove him to the “State Hospital.” Wilcox was supposed to give the victim a ride on August 25, however, when she arrived to pick him up he did not appear to be in his apartment and Wilcox left a note. When she saw the note on the victim’s door later that afternoon, she asked a maintenance man to check on the situation. Apparently [526]*526the maintenance man found nothing amiss. When Wilcox saw defendant that same day she asked if he had seen the victim. Defendant stated that he had not seen the victim since Sunday, August 24. Wilcox noticed the victim’s knapsacks and his watch in defendant’s apartment. Defendant explained that he “had purchased the knapsacks and a watch from Greg and that he believed Greg had gone off camping somewhere, possibly the Yukon.”

On Sunday, August 30, a security guard at the Boulevard Apartments noticed that a security alarm in the victim’s apartment had been activated. When he investigated, he immediately smelled a decomposed body. The guard found the victim’s body in a bathtub filled with water; the victim’s left leg was bent slightly up and his head was submerged in the water. When Wilcox learned of Greg’s death, she told the police what she had observed about the victim, defendant, and Spivey during the preceding weeks.

The police went to defendant’s apartment to investigate, were admitted by defendant, and noticed the knapsacks Wilcox had described. Subsequently, defendant and Spi-vey went to police headquarters where they were separately interviewed and made statements through an interpreter. Defendant initially stated that he and Spivey had purchased the knapsacks and watch; however, when the police informed defendant that he was under arrest, defendant became very agitated and stated that he would now say what happened. According to defendant, Spivey said that he wanted to kill Greg because Greg was lying to other deaf people about him. Defendant said that Spivey hit Greg with a kitchen knife which broke, that the three men started struggling, and that he held the victim’s hands while Spivey put a rope around Greg’s neck. After the victim appeared to be dead, Spivey placed the rope in the trash and defendant and Spivey placed the victim in the bathtub, which they filled with water. The autopsy revealed that the victim died either from strangulation or drowning.

We first address defendant’s contention that the trial court erred in admitting Wilcox’s testimony that the victim was “disgruntled with what he saw as wrong actions on the part of [defendant].” Defendant argues that this was the same type of hearsay evidence which was erroneously admitted in his first trial. The state contends that the challenged testimony was not hearsay because it was not offered to prove the truth of the victim’s statement.

The state argued at trial that the motive for the crime was to prevent the victim from “gossiping” about the defendant and Spivey, and that the robbery was an “afterthought.” The state’s theory was supported by the defendant’s statement that Spivey wanted to kill Greg because Greg had been lying about him. It was further supported by the defendant’s angry comment to Wilcox that Greg had to stop gossiping about him, which was made after Wilcox informed defendant about what the victim had told her. We believe the challenged testimony was relevant to the issue of motive whether or not the victim’s statements to Wilcox were true, and the testimony helped explain the defendant’s comments about “gossiping.” In the context the testimony was offered, it was not hearsay.

The challenged testimony in this case differs substantially from that in defendant’s previous trial. There a witness named Larry Jackson testified that he had been robbed and placed in a bathtub after passing out at a party and that the victim [Greg] had told him he suspected defendant and Spivey were the perpetrators. Wilcox testified at the first trial that “the victim had said that [defendant] and Spivey robbed Jackson and placed him in a bathtub.” Another witness was permitted to testify that the victim had said he feared defendant. Randolph, 698 S.W.2d at 539.

The state argued that all of this testimony was admissible to show the victim’s state of mind. We rejected that contention, and we note that the victim’s state of mind is no more relevant here than it was in defendant’s first trial. However, as we have previously discussed, that was not the basis of the admission of Wilcox’s testimony in this case. The state also argued in [527]*527Randolph / that “the state of mind of the victim ... is relevant to prove appellant’s motive for killing his victim.” 698 S.W.2d at 540 (emphasis ours). That argument concerning motive is slightly different from the one advanced on this appeal, which does not depend upon the victim’s state of mind. In addressing the state’s argument in Randolph I we held:

Even if this theory were tenable, the prejudicial effect of evidence of an incident similar to the actions surrounding the murder of which appellant is accused far outweighs its probative value. To show that decedent was afraid of appellant would not be error in a self-defense case. To testify to similar criminal acts is error.

Id. at 541.

It is obvious that this court’s main concern in Randolph I was the improper admission of specific evidence of prior criminal acts of the defendant. In addition to the testimony already discussed, the trial court in Randolph I also erroneously admitted testimony by a witness that she had been raped by defendant and Spivey.

In contrast, there was no specific mention of the prior criminal acts here.

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Related

State v. Futo
990 S.W.2d 7 (Missouri Court of Appeals, 1999)
Ronnie Randolph v. Paul Delo
952 F.2d 243 (Eighth Circuit, 1992)
Randolph v. State
778 S.W.2d 692 (Missouri Court of Appeals, 1989)
State v. Buss
768 S.W.2d 197 (Missouri Court of Appeals, 1989)
State v. Schneider
736 S.W.2d 392 (Supreme Court of Missouri, 1987)

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Bluebook (online)
729 S.W.2d 524, 1987 Mo. App. LEXIS 3844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-randolph-moctapp-1987.