State v. Sansing

26 P.3d 1118, 200 Ariz. 347, 351 Ariz. Adv. Rep. 3, 2001 Ariz. LEXIS 96
CourtArizona Supreme Court
DecidedJuly 2, 2001
DocketCR-99-0438-AP
StatusPublished
Cited by58 cases

This text of 26 P.3d 1118 (State v. Sansing) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sansing, 26 P.3d 1118, 200 Ariz. 347, 351 Ariz. Adv. Rep. 3, 2001 Ariz. LEXIS 96 (Ark. 2001).

Opinions

OPINION

McGREGOR, Justice.

¶ 1 On March 4, 1998, a grand jury indicted the defendant, John Edward Sansing, on four counts: first-degree murder, kidnaping, armed robbery, and sexual assault. The defendant pled guilty to all charges on September 18, 1998. Following a sentencing hearing, Judge Ronald S. Reinstein sentenced the defendant to death on September 30, 1999. Appeal to this court is automatic and direct when the court imposes a sentence of death. Ariz.Rev.Stat. (A.R.S.) § 13-703.01 (2001). We exercise jurisdiction pursuant to Article 6, Section 5.3 of the Arizona Constitution, A.R.S. section 13-4031, and Arizona Rule of Criminal Procedure 31.2.b.

I.

¶2 On February 24, 1998, the defendant called the Living Springs Church and requested delivery of a food box for his family. He gave the church secretary his name and home address for the delivery. The defendant then telephoned his wife, Kara Sansing, at work several times, primarily to discuss how to obtain more crack cocaine for the two [352]*352of them to smoke. During these calls, the defendant informed his wife that he had obtained some craek cocaine, that he had smoked some of it and was saving the rest for her. He also told her that he had called a church and arranged for delivery of some food. When Kara Sansing returned home at approximately 3:20 p.m., the couple smoked the remaining crack cocaine. The defendant, in the presence of his four children, informed Kara of his plan to rob the person who came from the church with the food boxes so he could purchase more crack cocaine.

¶ 3 Trudy Calabrese left the Living Springs Church in her truck at approximately 4:00 p.m. She arrived at the Sansing home shortly thereafter, parked in front of the house, and delivered two boxes of food. Ms. Calabrese chatted with Kara Sansing in the kitchen while the defendant signed a receipt for the delivery. Before Ms. Calabrese could leave, the defendant grabbed her from behind and threw her to the dining room floor. Aided by his wife and with his children watching, the defendant bound her wrists while she cried, “Lord, please help me” and, “I don’t want to die, but if this is the way you want me to come home, I am ready,” and repeatedly asked the defendant’s children to call the police. The defendant instructed his children to go into the living room and watch television.

¶ 4 Using a club, the defendant struck Ms. Calabrese in the head several times with force sufficient to break the club into two pieces and render her temporarily unconscious. Leaving her on the dining room floor, the defendant took her keys and moved her truck to a business parking lot nearby. At some point before he returned, Ms. Cala-brese regained consciousness. Upon his return, the defendant dragged her into his bedroom and sexually assaulted her. Kara Sansing, who witnessed the rape, testified that she heard the defendant and Ms. Cala-brese speaking during the rape. The defendant then fatally stabbed her in the abdomen three times with a kitchen knife. During the attack, the defendant placed a sock in Ms. Calabrese’s mouth and secured two plastic bags over her head with additional cords and a necktie. According to the medical examiner, she lived several minutes after being stabbed. After the murder, the defendant left the bedroom and went to look out the dining room window to make certain no one had observed his actions.

¶ 5 The defendant then removed Ms. Cala-brese’s jewelry and left her body in his bedroom, covered with laundry, for several hours. The defendant engaged in two separate drug transactions shortly after the murder. First, he telephoned a drug dealer and arranged to trade the victim’s rings for crack cocaine. Later, he arranged to trade her necklace for more crack cocaine.

¶ 6 Later in the evening, Pastor Becker from Living Springs Church called the Sans-ing home looking for Ms. Calabrese and spoke to the defendant. The defendant, giving a false address, told the pastor that she had never arrived.

¶ 7 Late that night, the defendant dragged Ms. Calabrese from the bedroom to the backyard and placed her body in a narrow space between the back of his shed and the fence. He covered her with a piece of old carpeting and other debris. At least three of the four Sansing children saw the body behind'the shed. At some point, the defendant washed the bloody club and hid the clothes he had used to cover her body in a box in the bedroom.

¶8 The next day, searchers found Ms. Calabrese’s truck in a parking lot near the Sansing home. Inside, they found a piece of paper with the Sansings’ correct address. The police went to the Sansing home and discovered the victim’s body behind the shed. The defendant, who had driven to his sister’s house, admitted to her that he and his wife had killed Ms. Calabrese. Eventually, the defendant’s father telephoned the police and reported the defendant’s location. The defendant knew the police were coming and did not attempt to flee. When the police arrived, he submitted to custody peaceably and without resistance.

II.

A. Aggravating Factors

1. Consideration of Character of the Victim

¶ 9 The defendant asserts that the judge improperly based his sentencing deci[353]*353sion on Ms. Calabrese’s good character. In his special verdict, the judge referred to the victim as a “Good Samaritan” and as a person who “took great joy in helping people in need.” The judge’s concluding remarks, after considering all aggravating and mitigating factors, described Ms. Calabrese as a person who “stood out like a shining light, as a true Samaritan” and who “kept her faith in God to the end.” The defendant argues that the judge imposed the death sentence because he viewed the victim as a person above the norm of other murder victims. That approach, he argues, violates A.R.S. section 13-703, which does not define the character of the victim as an aggravating factor, and discriminates on the basis of the victim’s status. A.R.S. § 13-703.A H (2001).

¶ 10 We agree with the State that the judge’s comments, taken in context, do not show that the trial judge relied upon the victim’s good character in imposing the sentence. Taken in context, the comments merely state the judge’s summary of the aggravating factors, particularly the senselessness of the crime and the helplessness of the victim. The fact that the victim was delivering food when attacked is related to the senselessness of the crime; the judge’s comments related to “resorting to prayer for comfort” describe the helplessness of the victim after she had been beaten and bound.

¶ 11 The defendant relies on Gerlaugh v. Lewis, 898 F.Supp. 1388 (D.Ariz.1995), aff'd 129 F.3d 1027 (9th Cir.1997), to support his argument that imposing a death sentence based on the social or economic background of the victim or defendant supports a claim of discrimination. In Gerlaugh, the habeas petitioner alleged that Arizona’s death sentence is “discriminately applied because the death penalty is more likely to be imposed if the victim is white and the defendant is a young male from a lower socio-economic background.” Gerlaugh, 898 F.Supp. at 1416. The court stated that “[t]o prevail on an equal protection claim, Petitioner must prove ‘that the decision-makers in his

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ellison v. Shinn
D. Arizona, 2024
State of Arizona v. Dwandarrius Jamar Robinson
509 P.3d 1023 (Arizona Supreme Court, 2022)
Garcia v. Shinn
D. Arizona, 2022
John Sansing v. Charles Ryan
997 F.3d 1018 (Ninth Circuit, 2021)
State of Arizona v. Gilbert Martinez
282 P.3d 409 (Arizona Supreme Court, 2012)
State of Arizona v. Rodney Eugene Hardy
283 P.3d 12 (Arizona Supreme Court, 2012)
State v. Isiah Patterson
283 P.3d 1 (Arizona Supreme Court, 2012)
State of Arizona v. Dale Shawn Hausner
280 P.3d 604 (Arizona Supreme Court, 2012)
State v. Nelson
273 P.3d 632 (Arizona Supreme Court, 2012)
State of Arizona v. Jahmari Ali Manuel
270 P.3d 828 (Arizona Supreme Court, 2011)
State v. Lehr
254 P.3d 379 (Arizona Supreme Court, 2011)
State v. Dixon
250 P.3d 1174 (Arizona Supreme Court, 2011)
State v. Gallardo
242 P.3d 159 (Arizona Supreme Court, 2010)
State v. Don Chappell
236 P.3d 1176 (Arizona Supreme Court, 2010)
State v. Womble
235 P.3d 244 (Arizona Supreme Court, 2010)
State v. Villalobos
235 P.3d 227 (Arizona Supreme Court, 2010)
State v. Hargrave
234 P.3d 569 (Arizona Supreme Court, 2010)
State v. Garcia
226 P.3d 370 (Arizona Supreme Court, 2010)
State v. Cropper
225 P.3d 579 (Arizona Supreme Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
26 P.3d 1118, 200 Ariz. 347, 351 Ariz. Adv. Rep. 3, 2001 Ariz. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sansing-ariz-2001.