State v. Watson

484 So. 2d 870
CourtLouisiana Court of Appeal
DecidedFebruary 25, 1986
Docket85 KA 0874
StatusPublished
Cited by8 cases

This text of 484 So. 2d 870 (State v. Watson) 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. Watson, 484 So. 2d 870 (La. Ct. App. 1986).

Opinion

484 So.2d 870 (1986)

STATE of Louisiana
v.
Calvin WATSON.

No. 85 KA 0874.

Court of Appeal of Louisiana, First Circuit.

February 25, 1986.
Writ Denied May 30, 1986.

*871 Bryan Bush, Dist. Atty., Baton Rouge by Richard Sherburne, Asst. Dist. Atty., for plaintiff-appellee.

Gail Ray, Baton Rouge, for defendant-appellant.

Before GROVER L. COVINGTON, C.J., and WATKINS and SHORTESS, JJ.

SHORTESS, Judge.

Calvin Watson (defendant) was indicted by the East Baton Rouge Parish grand jury and charged with aggravated rape, in violation of LSA-R.S. 14:42. He pled not guilty and was tried by a jury which returned the responsive verdict of guilty of attempted aggravated rape. The trial court imposed a sentence of fifty years at hard labor. Defendant has appealed his conviction and sentence, urging eight assignments of error. Assignments of error three, four and seven were not briefed on appeal and are, therefore, considered abandoned. Uniform Rules—Courts of Appeal, Rule 2-12.4.

Defendant was charged with the rape of a fifteen-year-old girl on the premises of the Greenville Head Start School in Baton Rouge. The victim testified that defendant and David Robins grabbed her as she walked across the school grounds June 21, 1984, at approximately 3:30 p.m.; that she did not know either of them but had seen them earlier passing on the street; that they tried to force her to kiss them; that when she refused, they picked her up and carried her up a flight of stairs to an outside landing where they took turns raping her; that defendant threatened her with a wine bottle to force her to remain quiet; and that she continued to scream and plead with them until a police officer arrived.

At the time of this incident, the school grounds were deserted because classes had been dismissed for the summer. An audio security system which included several microphones set up around and inside the school buildings had been installed by Sonitrol of Baton Rouge, Inc. The microphones were installed in such a manner that they would begin transmitting sounds to a central control office when activated by a noise louder than a preset standard. One of the microphones was apparently triggered by the screams of the victim, and the sounds were transmitted to the Sonitrol control office. Simultaneously, a video display terminal indicated the location of the sounds. This information was noted by Joan Hanley, the Sonitrol employee in the control room at that time. After listening for a few seconds, Ms. Hanley activated a tape recorder in the control room which recorded the sounds transmitted by the microphones. Simultaneously, Ms. Hanley contacted the Baton Rouge Police Department. An officer was dispatched to investigate the occurrence.

The victim's screams were also heard by Marie Johnson, who was walking across the school grounds on her way to visit a friend, Mary Dolly. Ms. Johnson testified that after she heard the screams she hurried to Ms. Dolly's house and told her about the incident; that Ms. Dolly quickly *872 dressed and together they returned to the scene.

Ms. Dolly testified that she also heard someone screaming, "Don't do that. Stop"; that they decided to notify the police; that as they were leaving the grounds to find a telephone, they saw a police patrol car; that they hailed the car and told Officer Michael Arnold what they had heard; that Arnold and the girls returned to the building.

Arnold testified that he heard the screams as he approached the building and saw a man, later identified as defendant, standing near the stairwell; that he questioned the suspect for a short period; that suddenly the man struck him and ran off; and that although Arnold gave chase, the man escaped.

Johnson and Dolly remained at the school and assisted the victim. They testified they saw a second man jump off the balcony and run from the scene. Ms. Dolly recognized this individual as David Robins, whom she had gone to school with.

Based on the physical description provided by the victim and Arnold, a photographic lineup was prepared which included defendant's photograph. Both identified him as one of the two perpetrators, and he was subsequently arrested for aggravated rape.

ADMISSIBILITY OF THE TAPE

(ASSIGNMENTS OF ERROR ONE, TWO AND FIVE)

Defendant argues the trial court erred by admitting the recording made by Sonitrol into evidence. In assignment of error number one, he submits the court erred by finding a sufficient identification and connexity to permit its introduction. In assignments of error two and five, defendant argues the court erred by denying his motion to suppress the tape and by overruling his objection to the introduction of the tape during trial.[1]

At the hearing on the motion to suppress, the State called several Sonitrol employees to identify the tape. Joan Hanley, who first heard the screams, identified the tape visually and through its contents as it was played in court. Ms. Hanley testified that she turned the recorder on a few seconds after she heard the screams and listened to the sounds from 3:37 p.m., when the transmission began, until her shift ended at 4:00 p.m. Although she was not present when the cassette tape was removed from the recorder, she identified handwriting on the tape's label as her supervisor's, Laura Hernandez. She testified that she had no doubt that the tape she identified was the one made because no other incident of this sort involving Sonitrol had ever taken place. She found the tape very emotional.

Erik Auxt, a Sonitrol salesman, identified the tape at trial and testified that he was present in the control room during the taping; that the handwriting on the tape was Merle Wilging's, the company's owner; that he saw Wilging write on the tape; that he later admitted that he did not actually see Wilging mark it; that he saw Wilging give the tape to the police officer early the next morning, specifically between 8:00 and 9:00 a.m.; that the tape upset him a great deal, and, "it makes me wonder what— what this girl in the school building must have gone through ..."; that an employee of Sonitrol left the company because of this incident; and that he personally went to the school later that evening and spoke with a police officer about the incident.

Detective Erika D'Amico, assigned to the juvenile sex crimes unit of the Baton Rouge City Police, also testified. In contrast to Auxt's testimony, she stated that she picked the tape up from the Sonitrol office at approximately 3:45 p.m. on the day after the incident. She testified that she found the tape "bone-chilling." Detective D'Amico was able to identify the tape from the markings she placed on it when *873 she received the tape from the Sonitrol office. Based on the testimony of these three witnesses, the trial court found a sufficient foundation had been established for the introduction of the tape into evidence at trial. The court also listened to the tape and found its probative nature outweighed its prejudicial effect. Thereafter, defendant made an application for writs to this court, contesting the admissibility of the tape. His application was denied without comment. Defendant then applied for writs to the Louisiana Supreme Court. Noting the existence of a remedy by appeal in the event of conviction, the court declined to interrupt the trial to rule on the admissibility of evidence. 460 So.2d 1049 (La.1984). Defendant again objected before the tape was admitted at trial. The objection was overruled, and the tape was played before the jury.

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Bluebook (online)
484 So. 2d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-watson-lactapp-1986.