State v. Smith

574 N.E.2d 510, 61 Ohio St. 3d 284, 1991 Ohio LEXIS 1915
Ohio Supreme Court·Decided July 31, 1991·No. No. 90-1433·Published·Cited by 182 cases

Opinion

Alice Robie Resnick, J.

We have reviewed appellant’s sixteen propositions of law, independently assessed the evidence relating to the death sentences, balanced the aggravating circumstances against the mitigating factors, and reviewed the proportionality of the sentences to those imposed in similar cases. As a result, we affirm the convictions and sentences of death.

I

Admission of Accused’s Statement

In his initial proposition, Smith contends that his confession resulted from fear for his physical safety and occurred while he was under the influence of drugs and alcohol. At the suppression hearing contradictory testimony was presented as to the facts surrounding this confession.

The following evidence was presented. On September 28, 1987, an officer looking for Smith observed him driving a car, then followed and arrested him in a parking lot around 3:30 p.m. Smith did not appear to be under the influence of drugs or alcohol while driving or when he was arrested; and police found no drugs or alcohol in the car except for a single beer can. Police started interviewing Smith at 4:13 p.m. by advising him of his rights, and Smith executed a signed waiver of rights. Police finished just after 6:00 p.m. and taped the last twenty minutes of the interview. Police affirmed they never threatened, struck, choked, or otherwise touched Smith during the interview, nor did they promise him leniency. Police testified that at the interview, Smith “had no odor of alcohol about him and his eyes were not dilated. He didn’t talk slurred. He didn’t appear to be under the influence of anything.”

In contrast, Smith testified that he drank twenty-four beers that day and also smoked cocaine and marijuana. Smith further claimed that during the interview a policeman smacked him in the face a few times, snatched him by [288] the collar, and pushed him against a wall and threatened to blow his head off. Smith asserted he would not have made a statement except for the force. The trial court overruled Smith’s motion to suppress, finding no credible evidence of force or of Smith’s incapacitation due to alcohol or drugs.

In determining a confession’s voluntariness, “the court should consider the totality of the circumstances, including the age, mentality, and prior criminal experience of the accused; the length, intensity and frequency of interrogation; the existence of physical deprivation or mistreatment; and the existence of threat or inducement. * * * ” State v. Barker (1978), 53 Ohio St.2d 135, 7 O.O.3d 213, 372 N.E.2d 1324, paragraph two of the syllabus.

Smith argues that the state cannot prevail because it presented no witnesses. However, Smith called police officers as his witnesses, and their testimony supported the voluntariness of the confession. Compare State v. Gray (1984), 14 Ohio App.3d 43, 14 OBR 47, 469 N.E.2d 1340. At a suppression hearing, the evaluation of evidence and the credibility of witnesses are issues for the trier of fact. See State v. Fanning (1982), 1 Ohio St.3d 19, 1 OBR 57, 437 N.E.2d 583.

In this case, the evidence supports the trial court’s finding that Smith’s statement was voluntary. At the interview, police had convincing evidence linking Smith to the crime, including the victim’s televisions which had been recovered and Smith’s own bloody clothing. Police questioned Smith less than two hours, and thus questioning was neither prolonged nor intense. Smith, age twenty-nine and with a tenth or eleventh grade education, admitted prior incarcerations for breaking and entering. These facts, including his familiarity with the criminal justice system, all support voluntariness. Moreover, no credible evidence supports Smith’s claim of use of physical force or that he was intoxicated when he confessed. Finally, the interview on tape supports the belief that his statement was voluntary. Compare State v. Broom (1988), 40 Ohio St.3d 277, 285, 533 N.E.2d 682, 692-693, with State v. Brewer (1990), 48 Ohio St.3d 50, 57-58, 549 N.E.2d 491, 499-500.

II

Appointment of Expert

In proposition of law II, Smith argues the trial court erred in declining to appoint a pharmacologist to advise and perhaps testify as to the effect of alcohol and drugs on Smith’s system.

In deciding on requests for experts paid by the state, a trial court must make an informed decision if the services are “reasonably necessary for the proper representation” of an indigent defendant under R.C. 2929.024. In [289] addition, the court must also consider the availability of alternative devices to fulfill those same functions. See State v. Jenkins (1984), 15 Ohio St.3d 164, 193, 15 OBR 311, 336, 473 N.E.2d 264, 291; State v. Esparza (1988), 39 Ohio St.3d 8, 529 N.E.2d 192; State v. Broom, supra, 40 Ohio St.3d at 283, 533 N.E.2d at 691.

Here, Smith’s bare assertion of need, without particular facts to support that assertion, fails to establish reasonable necessity for the services. Moreover, Smith had alternate methods to fulfill that need. Smith’s lawyers could have consulted several mental health professionals appointed by the court, who had examined Smith, to advise them on how drugs and alcohol affected Smith’s mental state. In fact, Dr. Nancy Schmidtgoessling, Ph.D., testified about the effects of cocaine, marijuana and alcohol on Smith. Thus, the trial court did not abuse its discretion in denying the request. See State v. Henderson (1988), 39 Ohio St.3d 24, 30-31, 528 N.E.2d 1237, 1244; State v. Landrum (1990), 53 Ohio St.3d 107, 116, 559 N.E.2d 710, 722.

III

Sufficiency of Evidence

In propositions of law III through VII, Smith challenges the sufficiency of the evidence presented to support the findings of guilt against him. Since these issues are intertwined, they can be analyzed together.

In a review for sufficiency, the evidence must be considered in a light most favorable to the prosecution. Jackson v. Virginia (1979), 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560, 573; State v. Davis (1988), 38 Ohio St.3d 361, 365, 528 N.E.2d 925, 930. As we have held:

“A reviewing court will not reverse a jury verdict where there is substantial evidence upon which a jury could reasonably conclude that all the elements of an offense have been proven beyond a reasonable doubt.” State v. Eley (1978), 56 Ohio St.2d 169, 10 O.O.3d 340, 383 N.E.2d 132, syllabus.

In proposition of Law III, Smith argues that the prosecution failed to prove that Bradford was still alive when Smith had sex with her. Smith contends that Bradford died within three or four minutes of fatal wounds eight and nine and that these wounds must have been inflicted while Bradford was still in the living room. However, the evidence shows that Bradford was alive when Smith raped her. Smith admitted “she [Bradford] was still breathing” when he had sex with her after she had been stabbed.

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State v. Smith, 574 N.E.2d 510, 61 Ohio St. 3d 284, 1991 Ohio LEXIS 1915 (Ohio 1991).

574 N.E.2d 510 (State v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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