State v. Rubin

211 So. 3d 532, 16 La.App. 3 Cir. 456, 2017 WL 443491, 2017 La. App. LEXIS 119
CourtLouisiana Court of Appeal
DecidedFebruary 1, 2017
Docket16-456
StatusPublished
Cited by2 cases

This text of 211 So. 3d 532 (State v. Rubin) 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. Rubin, 211 So. 3d 532, 16 La.App. 3 Cir. 456, 2017 WL 443491, 2017 La. App. LEXIS 119 (La. Ct. App. 2017).

Opinions

CONERY, Judge.

_JjOn July 19, 2012, Defendant, Joenell Rubin, was charged by grand jury indictment with the May 21, 1988, first degree murder while in the commission of the aggravated rape of Brenda Dupont, in violation of La.R.S. 14:30(A)(1).

On January 27, 2016, a 10-2 jury found Defendant guilty of the first degree murder of Brenda Dupont. On February 18, 2016, Defendant was sentenced to life imprisonment at hard labor without benefits and with credit for time served from the date of arrest.

Defendant now appeals his conviction and sentence, alleging two errors. For the following reasons, we affirm Defendant’s conviction and sentence. We instruct the trial court to inform Defendant of the provisions of La.Code Crim.P. art. 930.8 by sending appropriate written notice to Defendant within ten days of the rendition of the opinion and to file written proof in the record that Defendant received the notice.

FACTS AND PROCEDURAL HISTORY

Defendant’s jury trial began on January 25, 2016. The State’s first witness was Ms. Linda Nicholas, the victim’s sister. Ms. Nicholas testified that on May 21, 1988, her sister, the victim Brenda Dupont, was living in an apartment that was only about ten feet directly behind her own apartment. Ms. Nicholas testified that on the afternoon before her sister was murdered, Defendant was at Ms. Nicholas’ home visiting her daughter, Michelle. Ms. Nicholas stated that she had an altercation with Defendant and kicked him out of her house because he had brought a knife to her house. Defendant claimed that he was just “playing” with the knife, but Ms. Nicholas said, “We don’t play.” She testified that she last saw Brenda that night before Brenda went back to her apartment, around 6:30 or 7:00 p.m.

laMs. Nicholas testified that the following morning, she made breakfast and sent her six-year-old son to wake Ms. Dupont, but that they were unable to rouse her. Ms. Nicholas got worried when there was no response by 11:30 a.m. She eventually called the police, who discovered Ms. Du-pont’s body and would not allow Ms. Nicholas to enter the apartment.

Ms. Nicholas stated that she knew Defendant because he went to school with her children and liked her daughter, Michelle, but that she did not always allow him to visit because he liked to fight with her sons. She testified that at the time of her sister’s murder, she was living with her children and a man named Dicker Ray Chavis.

Ms. Nicholas testified that she had not seen anyone go into or out of her sister’s apartment the evening she died, noting that Brenda was married but was separated from her husband. Ms. Nicholas testified that although she slept around ten or twelve feet from the side door to her sister’s apartment, she did not hear anything because the weather was stormy that night.

The State’s next witness was Rene Speyer, an employee of the St. Landry Parish District Attorney’s Office who was previously employed by the St. Landry Parish Sheriffs Office for thirty-eight years, including at the time of Ms. Du-pont’s death. Mr. Speyer videoed the crime scene in 1988, and that video was presented to the jury without sound as State’s Exhibit 2. Mr. Speyer testified that the video and a photograph showed the area between Ms. Dupont’s apartment and the [535]*535fence behind it. There was damage to the vegetation and footprints on the side of the apartment, indicating that the point of exit was the bedroom window near where the footprints were discovered, as the bedroom door had been locked from the inside.

Defendant’s cross-examination of Mr. Speyer was mainly asking him to identify specific items that can be seen on the video. However, Mr. Speyer ^acknowledged that he never determined an entry point into the apartment, that he did not recall seeing any windows which appeared to be pried open or broken, and that most of the windows had undisturbed items on the windowsills. Mr. Speyer also noted that the only area of the house, other than the bed, that appeared to have been disturbed was a dresser drawer in the bedroom, which was pulled out and overturned onto the floor.

Sergeant Loretta Etienne, a twenty-two year veteran of the Opelousas Police Department who is the current evidence custodian, next took the stand. She testified that evidence is secured in a combination lock vault, but that the evidence custodian is not responsible for keeping investigative reports. Sergeant Etienne noted that she has only been the department’s evidence custodian for about six months, and that she had not even joined the force yet at the time of Brenda Dupont’s death.

The State next called Dr. Dawn Young, a professor at Bossier Parish Community College and former Lab Director at the North Louisiana Forensic Pathology Lab. Dr. Young was also the Deputy Coroner of Bossier Parish for twelve years and the Coroner for four years, from 1996-2000. She was also Dr. George McCormick’s1 assistant for twenty-two years, and was accepted as an expert in Medical/Legal Death Investigation. Dr. Young was Dr. McCormick’s assistant during the autopsy of the victim Brenda Dupont on May 21, 1988. Dr. Young testified that the victim had defensive wounds on both hands. Additionally, the victim had incisions on her chest, neck, and upper arms, as well as a potential bite mark. She also testified that a vaginal swab was collected which contained semen, but stated they did not do any testing on the semen to try and determine potential donors.

[4Dr. Young noted smear samples taken from the vaginal, nasal, oral, and rectal cavities, were tested, and that sperm was found in the vaginal smear, as well as occasional degenerative sperm heads being present in the oral and rectal smears. Dr. Young also testified she could not conclusively determine whether or not the victim was raped or had consensual sex, specifically stating that “[tjypically you can’t [determine rape] from an external examination” of a woman of child-bearing years. She further noted that after Dr. McCormick performed the autopsy, the evidence recovered was submitted to Patrick Lane with the State Police Crime Lab.

Mr. Lane, a thirty-eight year employee and crime lab analyst of the Louisiana State Police Crime Lab (LSPCL), was the next witness to testify. Mr. Lane testified that he recalled receiving evidence from Dr. McCormick and subsequently transported those items to the LSPCL for testing. He also enumerated all of the evidence that was submitted to the LSPCL in this case. Mr. Lane also went through multiple pages of reports describing fingerprint analysis done by the LSPCL around the time of Ms. Dupont’s death, noting that over twenty people’s fingerprints were [536]*536tested against the prints in the apartment. Mr. Lane then confirmed that State’s Exhibit 7A appeared to be a fingerprint analysis form which indicated Defendant’s fingerprints were tested on May 25, 1988. Defendant’s fingerprints did not match any of the prints taken from the apartment.

The next witness to take the stand was Mr. Jude Victorian, who spent roughly ten years as an employee of the Opelousas Police Department. Mr. Victorian testified that he brought photographs of the bite marks on the victim to a Dr. Bill Lagattuta in Washington, D.C., along with a cast of Clint Thompson’s2 teeth. Dr. Lagattuta, an expert in odontology, did not believe Mr. Thompson’s | fiteeth matched the marks on the victim. Mr.

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Bluebook (online)
211 So. 3d 532, 16 La.App. 3 Cir. 456, 2017 WL 443491, 2017 La. App. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rubin-lactapp-2017.