State v. Truitt

500 So. 2d 355
CourtSupreme Court of Louisiana
DecidedJanuary 12, 1987
Docket84-KA-0202
StatusPublished
Cited by103 cases

This text of 500 So. 2d 355 (State v. Truitt) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Truitt, 500 So. 2d 355 (La. 1987).

Opinion

500 So.2d 355 (1987)

STATE of Louisiana
v.
Alan TRUITT.

No. 84-KA-0202.

Supreme Court of Louisiana.

January 12, 1987.

*356 William Guste, Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Michael McMahon, Terry Boudreaux, Asst. Dist. Attys., for plaintiff-appellee.

Ralph S. Whalen, New Orleans, for defendant-appellant.

DENNIS, Justice.

Defendant, Alan Truitt, was convicted by a jury of forcible rape, La.R.S. 14:42.1, and sentenced to 15 years at hard labor, two years without probation, parole or suspension of sentence. Defendant's appeal to this court was taken before the effective date of the constitutional change making such cases appealable to the courts of appeal. See La. Const. of 1974, art. V § 5(D). After considering the oral and written arguments of counsel we affirm the conviction but vacate the sentence and remand the case for resentencing.

Heidi Brown[*] was raped by three men on the night of February 13, 1981 after visiting the Old Post Office Lounge in New Orleans. The major contested issues in this case are whether her identification of the defendant as one of the offenders was accurate and whether her ability to reliably identify her assailants was seriously impaired by drug and alcohol intoxication.

The State's evidence tended to prove the following: Heidi Brown had gone to the Old Post Office Lounge in New Orleans with several of her friends about 9:30 p.m. She saw the defendant, with whom she was slightly acquainted and visited with him during the evening. When Heidi was ready to leave about 10:00 to 11:30 p.m. she could not find her friends. When she asked the defendant for a ride, he arranged for two male friends to give them both transportation. A short distance from the bar, one of the other men suggested that they stop and smoke some marijuana. All agreed. In a few minutes they stopped near a large unlighted field. After they had disembarked from the car and had begun to share a joint, one of the defendant's two male friends pushed Heidi to the ground and the other held her down while all three undressed her. Beginning with the defendant, each of the men raped Heidi while his two companions held her down. After they were finished, the defendant threw Heidi her clothes and told her to get dressed. The defendant and his friends then left her alone in the field. Heidi made her way to a nearby road where a passing factory worker came to her assistance. She told the man she had been raped and he called the police. He testified that Ms. Brown did not appear intoxicated. The police found the victim's shoes and socks as well as fresh tire tracks in a field in the Industrial Canal area, not far from the bar. Ms. Brown identified Alan Truitt as one of the men who had raped her and he was arrested at 6:30 p.m. the next day. She was not able to identify either of the other two men.

The victim's friends testified that while Heidi drank a few beers that night, she did not appear intoxicated. The victim denied taking a Quaalude that night, and the testimony of her friends corroborates this contention.

The defendant's evidence, on the other hand, tended to show that the victim was too intoxicated on alcohol and drugs to make a reliable identification. The defense witnesses testified that the victim consumed numerous beers at the bar and that she took at least one Quaalude. There was testimony that she was stumbling, falling out of her chair, and that, at one point in the evening, she vomited on the floor. Also, several of the defendant's friends testified that the defendant was not out of their sight for longer than fifteen to thirty minutes during the entire evening and that at approximately 1:30 a.m. he had ridden home with the girls he had gone there with.

The defendant testified that after Heidi swallowed a Quaalude she fell from her *357 chair and had to be helped up three or four times. Truitt claimed that a couple who said they were going to a motel told him that Heidi wanted to come along. When he asked her to go to the motel with him, she consented although she was "kind of sleeping" at the table, according to the defendant. Thirty to forty-five minutes later he waked her up and started to help her outside because the other couple was ready to go. As they were leaving, Heidi became ill and vomited on the floor. He let her drop to the floor and went to the bar to get a beer. When he looked back he saw her being carried out by several people. The defendant testified that when he went outside to look for Heidi that she had disappeared. Therefore, he said, he ended up going home with the friends who had brought him.

Dr. Daniel Rhodes, the emergency room physician who examined the victim, testified that he found grass and dirt in and around her buttocks and vaginal area. She did not have any cuts and bruises. He also testified that when he examined her at 2:30 a.m. on February 14 she did not appear to be intoxicated. She was able to get on and off the table and to dress herself without difficulty.

A medical technologist testified that the victim's lab tests indicated Heidi had sexual intercourse on the night in question. The tests showed that she had intercourse with an A, O or AO bodily secretor. She also could have had intercourse with a nonsecretor. Testimony by Daniel Waguespack of the NOPD Crime Lab showed that the defendant was a nonsecretor.

In this appeal, the defendant raises five assignments of error.

Assignment of Error No. 1

Defendant argues that his conviction should be reversed because the trial court's rulings allowed the prosecuting attorney to ask the defendant not only whether he had been convicted of a previous crime but also to elicit details of that crime in violation of R.S. 15:495.

The defendant took the witness stand in his own behalf and gave testimony that, although he had been with Heidi Brown at the Old Post Office Lounge on the evening of the rapes, he did not leave the premises with her, but went home with other friends, indicating that the victim had been mistaken in identifying him as one of the rapists.

On cross-examination the prosecuting attorney questioned the defendant about his prior conviction of simple battery and the trial court overruled defense counsel's objections at several points:

* * * * * *

Q. What was it that you were convicted of?
A. Simple battery.
Q. Do you recall the facts and circumstances surrounding that conviction?
A. Pretty much so.
Q. You were at a block party, weren't you?
A. Yes, sir.
Q. And the person who was giving the block party was picking up litter on the neutral ground, correct?
A. No, sir.
[DEFENSE COUNSEL]:
Your Honor, I am going to object. It sounds like we are going to get into a retrial of the whole thing.
THE COURT:
I don't want to get into the whole police report.
Q. Isn't it a fact that the basis of this simple battery conviction was that you hit a man by the name of Mr. Dan Johnson on the side of the head with a glass bottle?
A. I was defending myself.
Q. You were defending yourself?
A. The man had his hands around my neck.
Q. You hit him alongside the head—
A. I asked him to leave me alone.
* * * * * *
Q.

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Bluebook (online)
500 So. 2d 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-truitt-la-1987.