Wilding v. State

674 So. 2d 114, 1996 WL 266140
CourtSupreme Court of Florida
DecidedMay 16, 1996
Docket82696
StatusPublished
Cited by33 cases

This text of 674 So. 2d 114 (Wilding v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilding v. State, 674 So. 2d 114, 1996 WL 266140 (Fla. 1996).

Opinion

674 So.2d 114 (1996)

Neil Wilson WILDING, Appellant,
v.
STATE of Florida, Appellee.

No. 82696.

Supreme Court of Florida.

May 16, 1996.

*115 Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for Appellant.

Robert A. Butterworth, Attorney General, and Celia A. Terenzio, Assistant Attorney General, West Palm Beach, for Appellee.

PER CURIAM.

Neil Wilson Wilding appeals his convictions and sentences, which include a sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons explained below, we reverse and remand for a new trial.

In June 1992, Neil Wilson Wilding was charged with the August 1988 murder of a Vero Beach woman. On August 28, 1988, the woman's parents found their daughter dead in her apartment, lying face down on the couch. The woman had been strangled and there was evidence that she had been sexually assaulted prior to her death. The evidence included a towel, containing blood and semen stains, which was found on the floor next to the couch where the body was found. A window in the apartment was found open; the screen had been pushed in so that someone could easily reach through and unlock the front door. There was evidence of a struggle: a rug on the floor next to the couch had been disrupted, cushions from the couch had been knocked off, and streak marks were found on the wall behind the couch.

Initially police had three suspects, each of which were eliminated. Finally, after receiving an anonymous tip in April 1989 which named Neil Wilding, the Vero Beach Police Department focused its investigation on Wilding. Police talked to Wilding's family and friends. Blood samples were eventually drawn from Wilding's wife and daughter in July 1991. DNA testing revealed that there was a 99.96 percent probability that the donor of the semen found on the towel was the father of Wilding's daughter. Wilding was located in April 1992, when he was arrested for a traffic violation in Oklahoma. Blood samples were taken from Wilding after his arrest. DNA testing revealed that although 99.8 percent of the population was eliminated as being a possible contributor of the semen on the towel found at the scene, Wilding could not be eliminated as the donor.

After a jury trial, Wilding was found guilty of first-degree murder, sexual battery with physical force likely to cause serious personal injury, and burglary during which the defendant committed a battery. After one of the guilt-phase jurors made a phone call to the clerk's office to inquire about the defendant, the jury was dismissed before the penalty phase began and a new jury was empaneled. After a sentencing hearing, the newly empaneled jury recommended death. The trial court followed the recommendation and imposed the death penalty.[1]

Wilding appeals his convictions and sentences. Of the thirty-one claims raised,[2] we *116 only need address claims seven, one, and eleven, which we find dispositive.

We address Wilding's seventh claim first. Our review of the record and caselaw supports Wilding's claim that he is entitled to a new trial because as a result of jury misconduct he was deprived of a fair and impartial guilt-phase jury, as guaranteed by the Sixth Amendment to the United States Constitution and article I, section 16 of the Florida Constitution. After the jury reached a guilty verdict but prior to the beginning of the penalty phase of the trial, a court employee notified the trial judge that a juror had contacted the clerk's office and indicated that several of the jurors were concerned that Wilding had access to their personal information. When the trial judge informed counsel of the incident, defense counsel moved to strike the panel and to empanel a new jury for the penalty phase.

The employee who spoke to the juror was then questioned under oath. According to the employee, the woman who called the clerk's office said a couple of the jurors on the Neil Wilding case were concerned that the defendant might have access to their personal information. The caller told the employee that the jurors were concerned that Wilding could get this information and wanted to know if it was normal for the defendant to have access to such information and if it was not they wanted something done about it. The employee told the juror she would check with the court clerk and to call back later; but the juror never did. After this inquiry the trial judge found,

As I understand what the juror has said to the clerk was that they wanted something done about the fact that the Defendant had access [to their personal information]. That certainly leads me to believe that persons that were of that mind were afraid of the Defendant. I think that's a very clear possibility. If somebody calls to inquire and says she wants something done about it and they're concerned about it, that to me indicates that they have some fear of the Defendant, of what he wrote down or anything else.
And once I reach that conclusion, it seems to me that those sort of jurors, if they had been identified at the beginning of the trial, probably would not have sat as jurors in this case. And so I'm concerned about them, those jurors who are on the jury panel that felt that way. And it's not *117 simply one to now be in a position to make a recommendation to me.

The prosecutor asked to be allowed to research the issue before the trial court ruled. After speaking with the Attorney General's office, the prosecutor told the court that it needed to make findings and suggested that the court inquire of the jurors.

The trial court then called in the women jurors one at a time and initially asked each juror whether she had made a call to the clerk's office that morning. The third juror called told the court that she had made the call. When asked to explain what the call entailed the juror responded:

Several of us were kind of concerned that when the jurors were being—well, when you were trying to choose a jury, it appeared to us the Defendant had access to... our names, addresses and phone numbers, the number of children we have. And that caused a little bit of anxiety among the jurors.

The juror in question further testified that four or five jurors in the venire had reason to believe that Wilding might have access to their personal information and at least three of those jurors sat on the jury. According to the juror who had made the call, several of the jurors discussed their concerns. The topic was discussed both before and after the jury was selected and may have come up after deliberations had begun, although it was not brought up in front of the entire jury. The trial court went on to ask this juror, "Do you think that your concerns about what you saw had some affect on your deliberations in this case?" The juror responded "No."

After inquiring of the juror who had called the clerk's office, the trial court expressed concern as to the verdict and questioned the other jurors. From that testimony, it appears that several of the jurors shared the concern about Wilding having access to their personal information. It also was confirmed that a number of the jurors either discussed their concerns or overheard others discussing their concerns before and after the jury was empaneled and some of these discussions may have occurred in the jury room prior to the verdict. As it did of the first juror, the trial court asked each of the jurors who admitted sharing the concern or being made aware of the concern whether the concern played a part in the verdict.

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Cite This Page — Counsel Stack

Bluebook (online)
674 So. 2d 114, 1996 WL 266140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilding-v-state-fla-1996.