State v. Sterling

834 N.W.2d 162, 2013 WL 3816102, 2013 Minn. LEXIS 355
CourtSupreme Court of Minnesota
DecidedJuly 24, 2013
DocketNo. A12-0073
StatusPublished
Cited by21 cases

This text of 834 N.W.2d 162 (State v. Sterling) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sterling, 834 N.W.2d 162, 2013 WL 3816102, 2013 Minn. LEXIS 355 (Mich. 2013).

Opinion

OPINION

PAGE, Justice.

Appellant Adam Lee Sterling was found guilty after a jury trial of one count of first-degree premeditated murder in violation of Minn.Stat. § 609.185(a)(1) (2012), and one count of second-degree murder in violation of Minn.Stat. § 609.19, subd. 1(1) (2012). As a result of his conviction of first-degree premeditated murder, Sterling was sentenced to life in prison without the possibility of release. In this direct appeal, Sterling raises two issues: (1) whether the trial court erred as a matter of law in denying his motion to suppress statements he made to police because he was in custody at the time the statements were made and had not received a Miranda warning; and (2) whether the evidence is insufficient to support his conviction. In his pro se brief, Sterling also makes a number of assertions that he claims are probative of his innocence. Because we conclude that any error in admitting Sterling’s statements to police was harmless beyond a reasonable doubt, and that the evidence is sufficient to support Sterling’s conviction, we affirm.

This case arises from the October 2010 murder of Leo Kohorst. At trial, the State’s theory was that Sterling beat Ko-horst to death in the early morning hours of October 17, 2010. Sterling’s defense focused on the lack of direct evidence that he1 killed Kohorst and thus that the State failed to prove his guilt beyond a reasonable doubt. At trial, Sterling did not testify or present any witnesses on his behalf.

The State presented the following evidence. Kohorst, a student at the University of Minnesota, lived in a house in Minneapolis, which he owned with his parents. Kohorst rented rooms in the house to Sterling, Jason Boatwright, and Alexis Mercado. A fourth tenant, Nikki Norman, was in the process of moving out of the house on the weekend that Kohorst was killed. Sterling’s room was on the main floor of the house. Boatwright and Mercado occupied two of the three rooms on the second floor. The only bathroom in the house was on the second floor. Kohorst slept in the living room on a futon because he was remodeling the basement. The front of the house had an enclosed porch with an exterior door that locked and an interior door to the house with a glass pane.

At the time of Kohorst’s death, he and the tenants were having problems with Sterling. According to Boatwright, Ko-horst called a tenant meeting one week before he was murdered to address Sterling’s disrespectful behavior — namely, eating others’ food and smoking in the house. Boatwright claimed that Sterling reacted to the accusations by saying “that where he comes from, he does what he wants to.” After the meeting, Sterling’s behavior briefly improved, but got worse throughout the week. Kohorst’s mother, Barbara, testified that one week before the murder, [166]*166Kohorst told her that he was planning to have a meeting with the tenants to address problems in the house. A text message sent from Kohorst’s cell phone to Boat-wright’s cell phone on October 16 stated: “[I] talked to [Sterling], [I’m] giving [him] one last chance, but [he] knows any more shit and [he’s] out. [I’ll] need solid proof to end [his] lease, though.”

Kohorst spent the afternoon of October 16 working on the basement-remodeling project with his parents. That evening, Kohorst went to a concert, returning to the house between 11 p.m. and 12 a.m. Investigators later discovered that a text message was sent from Kohorst’s phone to a phone belonging to M.J. at 11:26 p.m. on October 16. Kohorst also posted a message on Facebook at 12:12 a.m. on October 17 using the Internet connection in his house. Boatwright, who was at home when Kohorst returned, briefly spoke with Kohorst in the living room before Kohorst said he was ready to go to bed. At that time, the record indicates that Sterling was in his room with his door closed. Mercado was not present in the house when Kohorst returned from the concert. After Kohorst said he was ready to go to bed, Boatwright locked the front door, took a shower, and went to his room where he browsed Facebook, watched television, and talked on his phone wearing earphones with the door shut. Boatwright could not remember whether he locked the back door before going to his room.

Boatwright testified that approximately an hour to an hour and a half after he went to his room, he heard loud voices and what sounded like the interior front door slamming shut. He went downstairs and noticed that both front doors were ajar. Although the lights were off on the first floor, Boatwright could see Kohorst’s silhouette on the futon and hear Kohorst making what Boatwright thought was a snoring sound, although he had never heard Kohorst make such a sound. Boat-wright called Kohorst’s name, but Kohorst did not respond. He then closed both front doors, locked the exterior door, and returned to his room. Twenty minutes later, Boatwright heard high heels clicking up the stairs, which was a sound he commonly associated with Sterling. The shower turned on for ten minutes before Boatwright heard high heels clicking down the stairs. Fifteen minutes later, Boat-wright heard someone yelling from the first floor. Going to investigate, he reached the middle of the staircase when he saw Sterling standing approximately eight feet away from Kohorst’s body and saw blood covering the living room wall. Sterling said, “Something happened to Leo! We should call the police.” Boat-wright retrieved his cell phone and called 911. While on the phone, Boatwright walked downstairs and shook Kohorst’s foot, but Kohorst did not respond. After paramedics and police arrived, Mercado returned home.

Upon their arrival at the house, the police found Kohorst’s body lying on a futon in the living room covered with a blanket. There was blood spatter on the walls, curtains, furniture, television, ceiling fan, and ceiling, as well as soft tissue on the back of the futon and around Kohorst’s head. No bloodstains were found outside of the living room and no bloody footprints were found in the house. Based on the amount of blood and the pattern of blood, the police initially thought that Kohorst had been the victim of a shotgun blast, but later concluded that his injuries were the result of blunt force trauma. Police found no signs of a forced entry and initially believed that there were no items missing from the house.

As part of the police investigation, Sterling, Boatwright, and Mercado were taken [167]*167in separate squad cars to the Minneapolis Police Department Homicide Unit offices for questioning. Sterling arrived at the Homicide Unit shortly before 3:30 a.m. After his arrival, Sterling was questioned off and on by Sergeants Robert Dale and DeChristopher Granger over a period of almost 11 hours. Roughly 9-1/2 hours into the questioning, the officers arrested Sterling and read the Miranda advisory to him for the first time.

Physical evidence introduced at trial included a pair of high-heeled sandals that the police recovered from Sterling’s room that were covered in a mist of Kohorst’s blood. A crime scene investigator with the Minneapolis Police Department testified that the size of the blood particles on the high heels suggested they were in the proximity of a forceful-impact blood-spattering event, such as a beating. A forensic scientist with the Minnesota Bureau of Criminal Apprehension also testified that the blood spatter on the high heels was consistent with blood spatter caused by a beating and was not consistent with transfer stains.

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Cite This Page — Counsel Stack

Bluebook (online)
834 N.W.2d 162, 2013 WL 3816102, 2013 Minn. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sterling-minn-2013.