State v. Williams

660 N.E.2d 724, 74 Ohio St. 3d 569
Ohio Supreme Court·Decided February 21, 1996·No. No. 95-846·Published·Cited by 286 cases

Opinion

Wright, J.

We are required by R.C. 2929.05(A) to undertake a three-prong analysis in all death penalty cases. First, we must review each of the nine propositions of law raised by appellant. Second, we must independently review the record to determine whether the aggravating circumstances outweigh the mitigating factors. Finally, we must independently determine whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases. For the reasons set forth below, we reverse the court of appeals in part, and affirm the convictions and sentence of death.

In Proposition of Law II, appellant contends that the jury verdict was improper because it did not indicate that the jury unanimously found either that he was the principal offender in the murder or that he acted with prior calculation and design. . We first note that appellant did not timely object to the verdict forms and thus waived all but plain error. Moreover, each of the verdict forms which the jury used and signed contained language, conforming to the statute, stating either that Williams was the principal offender, or that Williams had committed the murder with prior calculation and design. See R.C. 2929.04(A)(7); see State v. Penix (1987), 32 Ohio St.3d 369, 513 N.E.2d 744.

Appellant also contends as part of Proposition of Law II that the trial court should have instructed the jury on the law of aiding and abetting. This argument is without merit. As the person who performed every act constituting the aggravated murder, Williams was the principal offender. State v. Sneed (1992), [574] 63 Ohio St.3d 3, 12, 584 N.E.2d 1160, 1168. It was therefore unnecessary for the court to instruct the jury on aiding and abetting.1 We find that Proposition of Law II lacks merit.

In Proposition of Law IX, appellant contends that the trial court erred because it did not instruct the jury on the lesser included offense of involuntary manslaughter. Involuntary manslaughter is a lesser included offense to aggravated murder. State v. Thomas (1988), 40 Ohio St.3d 213, 533 N.E.2d 286, paragraph one of the syllabus. We find that the trial court did not err by refusing to instruct the jury on involuntary manslaughter because a charge on a “lesser included offense is required only where the evidence presented at trial would reasonably support both an acquittal on the crime charged and a conviction upon the lesser included offense.” Id. at paragraph two of the syllabus.

Here, under any reasonable view of the evidence, Williams was the principal actor in the purposeful killing of Mr. Melnick. If the defense had argued that Williams was a bystander or that the killing was not purposeful, an instruction on involuntary manslaughter would have been necessary. As it was, the defense contended that Williams was not present at the crime. Thus, on the evidence presented, the jury could not have found Williams not guilty of aggravated murder and guilty of involuntary manslaughter. Accordingly, the trial court’s failure to instruct on involuntary manslaughter was not error.

Furthermore, the injuries that Mr. Melnick suffered do not reasonably permit a finding that he was not killed purposefully. In Thomas, this court stated, “It is axiomatic that ‘a person is presumed to intend the natural, reasonable and probable consequences of his voluntary acts.’ ” Id., 40 Ohio St.3d at 217, 533 N.E.2d at 290, quoting State v. Johnson (1978), 56 Ohio St.2d 35, 39, 10 O.O.3d 78, 80, 381 N.E.2d 637, 640. Further, Williams told several people that he had beaten and robbed an elderly couple on Wick Street, giving details of the assault, and was overheard saying that he had killed the man. When speaking to Jennifer Gunther and Lance Owens, Williams actually demonstrated what he had done during the killing. Thus, in this case, “no reasonable jury could have both rejected a finding of guilty on the charged crime and returned a verdict of guilty on the lesser included offense of involuntary manslaughter.” State v. Shane (1992), 63 Ohio St.3d 630, 633, 590 N.E.2d 272, 275. See State v. Campbell (1994), [575] 69 Ohio St.3d 38, 47-48, 630 N.E.2d 339, 349, We find that Proposition of Law IX lacks merit.

In Proposition of Law V, appellant claims that a crime scene video and gruesome, inflammatory, and duplicative photographs prejudiced his right to a fair trial. The defense timely objected to the photographs. However, the defense did not timely object to the final edited version of the video and thus waived all but plain error with respect to that issue. State v. Williams (1977), 51 Ohio St.2d 112, 5 O.O.3d 98, 364 N.E.2d 1364.

Under Evid.R. 403 and 611(A), the admission of photographs is within the trial court’s sound discretion. State v. Landrum (1990), 53 Ohio St.3d 107, 121, 559 N.E.2d 710, 726; State v. Maurer (1984), 15 Ohio St.3d 239, 264, 15 OBR 379, 401, 473 N.E.2d 768, 791. Nonrepetitive photographs are admissible in capital cases, even if they are gruesome, when the probative value of each photograph outweighs the danger of material prejudice to the accused. Id. at paragraph seven of the syllabus; State v. Morales (1987), 32 Ohio St.3d 252, 258, 513 N.E.2d 267, 273-274. In this case, the trial court did not abuse its discretion in admitting the objected-to photographs because none of them was repetitive and each photograph’s probative value outweighed its prejudicial impact.

Six of the objected-to photographs depicted separate injuries to Mr. Melnick’s head. One of the other photographs depicted defensive-type wounds on Mr. Melnick’s arm, and another showed leg wounds. Collectively, the photographs illustrated and corroborated the testimony of the coroner and the police officers. The photographs also depicted the nature and severity of the wounds and were thus probative of the killer’s intent to kill. The trial court closely examined every proffered photograph and in fact excluded several. There was no abuse of discretion with respect to these photographs.

As to the final edited version of the videotape, the defense failed to object at trial and thus waived all but plain error. Since nothing in the record suggests that the verdict would have clearly been otherwise if the videotape had not been admitted, there was no plain error. See State v. Underwood (1983), 3 Ohio St.3d 12, 3 OBR 360, 444 N.E.2d 1332, syllabus.

In Proposition of Law VIII, appellant makes three arguments with respect to the jury’s finding that Williams was guilty of attempted rape. Appellant argues that the prosecutor asked an expert witness improper and prejudicial questions, that the trial court erred in denying defense counsel’s Crim.R. 29 motion for acquittal, and that the trial court improperly charged the jury on the lesser included offense of attempted rape. We address each of these arguments separately.

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State v. Williams, 660 N.E.2d 724, 74 Ohio St. 3d 569 (Ohio 1996).

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