State v. Richard

525 So. 2d 1097, 1988 WL 37799
CourtLouisiana Court of Appeal
DecidedApril 18, 1988
Docket87-KA-810
StatusPublished
Cited by21 cases

This text of 525 So. 2d 1097 (State v. Richard) 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. Richard, 525 So. 2d 1097, 1988 WL 37799 (La. Ct. App. 1988).

Opinion

525 So.2d 1097 (1988)

STATE of Louisiana
v.
John K. RICHARD.

No. 87-KA-810.

Court of Appeal of Louisiana, Fifth Circuit.

April 18, 1988.

*1098 Martha E. Sassone, Indigent Defender Bd., Gretna, for appellant.

John M. Mamoulides, Dist. Atty., W.J. LeBlanc, Dorothy A. Pendergast, Ass't. Dist. Attys. (Louise Korns, Office of the Dist. Atty., of counsel), Gretna, for appellee.

Before CHEHARDY, BOWES and GAUDIN, JJ.

CHEHARDY, Chief Judge.

John Kirk Richard appeals his conviction, by a jury, of second-degree murder (LSA-R.S. 14:30.1) and the resulting mandatory sentence of life imprisonment at hard labor without benefit of parole, probation or suspension of sentence.

Defendant was charged with the first-degree murder of his mother-in-law, Mabel Ruth Bates Fowler, who was found stabbed to death in her apartment on November 3, 1986. Fowler sustained 19 cuts and stab wounds from her face to her knees. The cause of death was determined by autopsy to be a neck wound that severed the internal carotid artery. Later that day defendant was arrested and charged with killing Fowler.

FACTS

The evidence established that defendant had been married to Fowler's daughter Christine Knorr; that Christine, the defendant and their baby had shared Fowler's apartment until a little more than a month before the murder, when Fowler had ejected the defendant from the apartment for his behavior to Christine; and that Fowler's 13-year-old daughter Claire Greenwood also resided in the apartment, located in Gretna, Louisiana.

The events preceding Fowler's death were as follows:

During the evening of November 2, 1986, Christine was at work at a Pizza Inn near Fowler's apartment when she received a telephone call from her estranged husband, the defendant, in which he told her, "No matter what happens, remember I still love you."

At 11:00 p.m., Christine left work with a co-employee, Edmund Williams, whom she was dating. As the two walked to Williams' car, Christine noticed the defendant's car parked in a nearby lot, facing the apartment complex. She was not surprised to see the car because the defendant had been following her for a couple of weeks. She and Williams went to Fowler's apartment; Fowler, Claire and the baby were there. Christine changed clothes and left *1099 with Williams about 11:45 p.m. As they walked out of the apartment, Christine heard the defendant's car start; she recognized its sound because it had a faulty muffler. She looked over to the parking lot and saw the car accelerate and "peel out," but she did not see it leave the lot.

About 15 minutes later, Claire went onto the front balcony of the apartment. She saw defendant standing in the courtyard, wearing blue jeans and a black jacket that she recognized. Claire went back inside and told Fowler, who told her not to worry about it.

Fowler and Claire watched television until 12:50 a.m., when Fowler went into Christine's bedroom to check on the baby. Claire heard a noise that sounded like something hitting the wall of the bedroom; she attempted to enter, but the door felt as if it were being held shut and she could not get it open. She could hear Fowler screaming for help. Claire ran to her brother's apartment, about two blocks away, to summon help.

William Knorr, Fowler's son, was wakened by Claire pounding on his front door. He called his two brothers-in-law for assistance, picked up a baseball bat, and the three men went to Fowler's apartment. The brothers-in-law stayed by the front door while William Knorr went to the back door. He waited for five minutes, but no one exited, whereupon he returned to the front door and the three men entered. They found all the lights in the apartment on. (Claire testified that all the lights were off except the television when she left the apartment to get her brother.) After searching the apartment, William Knorr discovered his mother's body on the floor of Christine's bedroom. He left the apartment and asked a neighbor to call the police.

Detective Daniel Wright, who arrived at the apartment at 1:38 a.m. in response to the call, saw Fowler lying on the bedroom floor when he entered. He discovered that the bedroom window, a sliding window adjacent to a balcony, was unlocked.

Following information received in interviews with Claire Greenwood, Christine Knorr, William Knorr and others, Detective Wright and Lieutenant Vincent Lamia surveilled defendant's apartment from 5:30 a.m. until daylight. While waiting, they noticed that the hood of defendant's car was warm, indicating recent use. At 6:40 a.m., the officers knocked on defendant's door and requested he come to the Criminal Investigation Bureau with them. Defendant dressed and voluntarily accompanied the officers. He was coherent and alert; the officers noticed there were fresh cuts and abrasions on his right hand and a scratch on his left arm, for which he had no explanation.

At the police station defendant voluntarily gave a statement, in which he denied being at Fowler's apartment any later than 3:00 p.m. on November 2, 1986, when he had returned his infant son after visitation. Defendant admitted he had entered Christine's bedroom through the window approximately two weeks after Fowler had ordered him to move out of the apartment.

The defendant signed consent-to-search forms for his apartment and his automobile, as well as a consent to allow a sample of his blood to be taken. In searching the car, police found vinyl from the driver's door panel and a notebook that appeared to have blood on them. On searching the residence, they found a pair of jeans, a dark blue T-shirt, a blue suitcase, a backpack, and a wine flask, each with apparent blood stains, as well as a folding knife and a book entitled Make Your Family Happy. The black jacket the defendant wore to the police station was also seized and found to have blood on it.

The blood stains were analyzed; the results were inconclusive in some cases or consistent with the defendant's blood type in others. No blood was found on the knife. The defendant could offer no explanation for the presence of the blood.

Dr. Alvaro Hunt, an expert in forensic biology, testified he performed the autopsy on Fowler, during which he found a total of 19 cuts and stab wounds on the body from face to knees. Some, on the victim's left arm, were consistent with "defense wounds." The cause of death was a neck *1100 wound that severed the internal carotid artery. Dr. Hunt, when shown the knife seized from defendant's residence, stated that it could have caused the wounds on the victim's body. He also testified that, if the perpetrator had been standing on the other side of the victim's body, he would not have gotten bloody.

Christine Knorr and Claire Greenwood both testified that defendant had resided with them until a month before the homicide, when Fowler threw him out. Claire testified she had seen defendant in possession of a knife like the one seized. She stated she had found the knife after defendant was ejected from the apartment and she had hidden it in a cookie jar, but that a week before Fowler was killed defendant had demanded she return the knife to him, which she did.

Christine testified that the defendant had broken into her bedroom through the window during the night several times before the killing. The first time was the same day defendant was ejected; she said when she walked into the bedroom, she discovered defendant, who grabbed her by the mouth and held a knife to her throat. After talking to her, he said that if she told Fowler he had been there he would return and kill her.

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Cite This Page — Counsel Stack

Bluebook (online)
525 So. 2d 1097, 1988 WL 37799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-richard-lactapp-1988.