Sule v. State

968 So. 2d 99, 2007 WL 4121004
CourtDistrict Court of Appeal of Florida
DecidedNovember 21, 2007
Docket4D06-2194
StatusPublished
Cited by9 cases

This text of 968 So. 2d 99 (Sule v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sule v. State, 968 So. 2d 99, 2007 WL 4121004 (Fla. Ct. App. 2007).

Opinion

968 So.2d 99 (2007)

Coleman Fred SULE, Appellant,
v.
STATE of Florida, Appellee.

No. 4D06-2194.

District Court of Appeal of Florida, Fourth District.

November 21, 2007.

*100 Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

Appealing his multiple convictions arising from the murder of his ex-girlfriend as well as solicitation to murder her neighbor whom he attempted to frame for the murder, appellant makes multiple claims of trial court error. We affirm as to all issues and address two in detail. In the first, we hold that the trial court did not err in denying a motion to sever the murder charges from charges of solicitation to murder. As to the second, we hold that the trial court did not abuse its discretion in excluding a defense witness, because the witness sought to invoke his Fifth Amendment privilege on material issues.

Appellant Coleman Fred Sule and the victim Doreen Domato dated for approximately two-and-a-half years.[1] During that time they lived together in Domato's house for approximately six months. Domato eventually ended the relationship.

On August 19, 2003, Domato received flowers at work from Sule. When she read the note that came with the flowers, she became pale, jittery, upset, and teary. She refused the flowers and told the delivery person never to bring her anything from that gentleman. Later that day, she asked a co-worker how to get a restraining order as she had ended her relationship with Sule. She left work around 5:30 p.m.

Around 4:30 p.m. two teenagers in the house next door to Domato saw a man wearing a blue t-shirt and jeans emerging from the bushes whom they identified as Sule, as they had seen him at Domato's before. He rapidly walked towards Domato's carport. They thought he was acting suspiciously. About two hours later, they heard a noise and observed him leaving from Domato's house and running towards the woods. They went outside to check out what was going on.

While they were outside, Domato's next door neighbor Xavier Heredia saw them on the road. He asked what was going on, and the teenagers told him that they had *101 seen a man running towards the woods. While they were talking, a gray Mitsubishi Lancer came around the corner. Sule was driving the car, and he was now wearing a white t-shirt. He looked frightened. Heredia recognized Sule, because he had seen him many times and knew that at one point he lived with Domato.

Later that evening when Sule picked up his current girlfriend, he was wearing a white shirt and driving a Lancer rental car.

On August 20, 2003, the day after the neighbors observed Sule at Domato's home, Domato's best friend became concerned when Domato did not answer her phone. She called the police, because she was worried as Domato had recently ended her relationship with Sule. An officer came, and he observed a body in the back of the house. Entering the home, he found Domato's badly burned body with a dog leash around her neck. All of the doors and windows in the house were locked. Upon interrogating the neighbors they found out about Sule's presence at the house the day before.

The police brought Sule in for an interview that day. He told them he had rented a Mitsubishi vehicle the day before the murder, because his own vehicle was in the shop. On the day of the murder, he spent the afternoon with his business partner. When the officers told him that witnesses had identified him at the house, he became irate and insisted they were either mistaken or lying.

When the police called the business partner, he told them that Sule was with him doing paperwork between 5:00 and 7:30 p.m. on the day of the murder. However, when the police showed up at his house and told him they were investigating a murder, the business partner told them that Sule was not with him on that day. The partner told them that Sule had called and asked him to tell anyone who called that they were together on that date and time.

The medical examiner determined that Domato had died of asphyxiation and her body was burned after she was dead. The fire investigator determined that an accelerant, such as gasoline or lighter fluid, was used to start the fire. Later, an accelerant K-9 alerted to some areas of the scene, Sule's rental vehicle, and to Sule's shoes.

Sule was arrested on August 28th and taken to jail. He was charged by indictment with first-degree murder, arson of a dwelling, and burglary of a dwelling with an assault or battery. The state also gave notice that it would seek the death penalty.

While Sule was awaiting trial at the St. Lucie County Jail, he approached two other inmates, Robert Becraft and Michael Bittle, and asked them to help him mastermind a plan to set up Domato's neighbor, Heredia, as the perpetrator of the murder. Both Becraft and Bittle testified at trial without any promises of leniency for their testimony.

Sule made a detailed statement to Bittle about how he entered Domato's home through the attic. When she came home, he confronted her about rejecting his flowers. She tried to run, but he caught her, and they fought. He slammed her head into the ground, rendering her unconscious. He then choked her to death with the dog leash. To cover up his crime, he dragged her body into the bedroom and poured gasoline on it. He set it afire in the hopes that it would destroy any DNA evidence. Because he had put a towel under the door, the fire went out. When Sule left the house, he changed his clothes, walked back to his car, and drove back around the block. He saw some neighbors out in the yard, and they looked right at him.

*102 To establish an alibi, he drove as fast as he could to Jupiter to make a call on his cell phone so that there would be a record of him being in Jupiter at a certain time. He went to his girlfriend's house and picked her up. They stopped by Wal-Mart on the way back to his house, and he picked up some cleaning supplies so he could clean out the car. When Sule got a phone call from his daughter informing him that Domato was dead, he had to act like he was upset.

Sule asked Bittle and Becraft for their help in setting up Domato's neighbor, Heredia, to make it look like Heredia killed Domato. If Becraft was found not guilty in his upcoming trial, Becraft would make it look like Heredia broke into Domato's house for money and that he killed her when she came home and caught him. Becraft and someone else would hang out with Heredia and then go to law enforcement and tell them that they were out drinking and drugging with Heredia the night before, and that Heredia admitted to killing Domato. Becraft would plant a telephone, jewelry, and a .22 caliber pistol in Heredia's house. Heredia would be killed, and they would make it look like Heredia committed suicide or overdosed.

Becraft was convicted, so the plan changed. Becraft's brother Marvin would take Becraft's place in the befriending and then framing of Heredia. In exchange, Marvin would get a large sum of money, and Becraft would get an attorney to represent him on appeal.

Sule wrote his plans to Becraft in notes, using Bittle as a go-between to pass the notes. At some point, Bittle went to Detective Burkhardt and told him that he had information about Sule possibly killing another person and told him he was passing notes. Burkhardt asked Bittle to copy the notes, pass the copies on, and give the originals to Burkhardt, which he did.

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Cite This Page — Counsel Stack

Bluebook (online)
968 So. 2d 99, 2007 WL 4121004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sule-v-state-fladistctapp-2007.