Winstead v. Commonwealth

283 S.W.3d 678, 2009 Ky. LEXIS 84, 2009 WL 1438712
CourtKentucky Supreme Court
DecidedMay 21, 2009
Docket2007-SC-000425-MR
StatusPublished
Cited by208 cases

This text of 283 S.W.3d 678 (Winstead v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winstead v. Commonwealth, 283 S.W.3d 678, 2009 Ky. LEXIS 84, 2009 WL 1438712 (Ky. 2009).

Opinion

Opinion of the Court by

Justice ABRAMSON.

Jerry Winstead appeals from a May 21, 2007 Judgment of the Daviess Circuit *681 Court convicting him of murder and of first-degree robbery and sentencing him to concurrent prison terms, respectively, of life without the benefit of parole and of twenty years. The Commonwealth alleged, and at his March 2007 trial the jury found, that on January 22, 2005, Winstead shot and killed Richard Roberts in the course of stealing a substantial amount of cash from a small safe in Roberts’s bedroom. On appeal Winstead contends (1) that he was denied his right to represent himself at trial; (2) that he was denied his right to an adequate voir dire; (3) that the trial court erred when it refused to strike one of the venire members for cause; and (4) that the trial court erred when it permitted one of the Commonwealth’s witnesses to bolster her own testimony. Finding no reversible error, we affirm.

RELEVANT FACTS

Roberts’s sister Samantha discovered Roberts’s body lying on his bedroom floor near his opened safe at approximately 1:00 pm on January 22, 2005. She had talked to him on the phone about an hour before. He had been shot one time in the neck and was pronounced dead at the scene. The police investigation soon focused on Win-stead. He and Roberts both lived on Crit-tenden Street in Owensboro, near each other, and the police learned that the nineteen year-old Roberts had engaged in selling street-level amounts of marijuana and that Winstead had been one of his regular customers. Winstead was aware that Roberts kept the proceeds of his drug dealing in the bedroom safe and had remarked to several acquaintances that he knew of a near-by drag dealer who would be easy to rob. Just prior to the shooting, Roberts had amassed in excess of $3,000.00. The police also learned that Winstead had been unemployed for several weeks before the crime, that just before the crime he faced imminent eviction from the residence he shared with his half-sister and step-father, and that immediately after the crime he had paid cash for a new apartment and had gone on a cash-financed shopping spree amounting to at least $2,000.00. Following Winstead’s arrest, the police searched his residence and found an old suitcase containing a pair of jeans and a pair of gym shoes. On the jeans and on one of the shoes were spots of blood, which DNA analysis established was consistent with Roberts’s DNA. The police also seized a .357 magnum caliber handgun that belonged to Winstead’s step-father and to which Winstead had had access. The gun also bore a spot of Roberts’s blood, and ballistics testing showed that bullet fragments removed from Roberts’s body and discovered at the scene could have been fired from that gun.

Winstead was arrested on January 27, 2005 and was interrogated that evening. He denied any involvement in the shooting or the theft until detectives confronted him with their discovery of the apparently bloodied clothing. When Winstead denied knowing how the clothes had gotten into the suitcase, the detectives threatened to arrest his half-sister as the only other person who could have put them there. Winstead then claimed to have been visiting at Roberts’s apartment the day of shooting when a person he did not recognize arrived and went with Roberts to the bedroom. A short time later he heard a gunshot and ran to the bedroom, where he nearly tripped over Roberts’s prone body and found the stranger taking money from the safe. When the stranger threatened to shoot him, too, Winstead punched him so hard that the stranger fell and was knocked unconscious when his head hit the safe. Winstead then grabbed a portion of the money — about $1,300.00 he claimed— and ran home, where it was he who put the blood spattered clothes into the suitcase. The video recording of Winstead’s interrogation was played at trial. The Common *682 wealth argued that while much of Win-stead’s statement was obviously untrue, it did place Winstead at the scene and in possession of the bloodied clothes and that together with the evidence summarized above it proved that Winstead had killed Roberts in the course of robbing him.

Winstead testified on his own behalf and denied having had anything to do with the killing or the theft. He claimed that he was with his half-sister at the time of the shooting. The money for his new apartment and for his shopping spree had come from his own drug dealing, he asserted, and his statement to the police in which he placed himself at the scene and admitted concealing the blood-spotted clothes, was a pure fabrication meant only to remove suspicion from his half-sister and to prevent her arrest. In fact, he claimed, he did not know how the clothes had gotten into the suitcase, but noted that his step-father had also had access to the suitcase and the gun. His half-sister corroborated his claims that they had been together when the crime occurred and that they had raised money for their new apartment by selling crack cocaine.

As noted above, the jury found Winstead guilty of both murder and robbery, whereupon the Commonwealth argued that because Winstead’s crime was an aggravated killing — a killing in furtherance of a robbery — it warranted the death penalty. The jury recommended instead, however, that Winstead be sentenced to life without parole, and that, as noted, is the sentence the trial court imposed.

ANALYSIS

I. Winstead Was Not Denied His Right To Represent Himself.

The first claim Winstead makes on appeal is that he was denied his right to represent himself. Winstead was indicted on March 8, 2005 and was arraigned on Max-ch 24th of that yeai*, prior to which time, appai-ently, public advocates had been appointed to represent him. Assistant Public Advocate Joseph Bennett en-tei-ed his appeai-ance to assist with the case on Max-ch 31st. At the end of September 2005, Winstead filed three pro se motions seeking discovery from the Commonwealth, and on October 3rd he filed a fourth motion complaining that the discovery provided to him to date had excluded several items he believed he was entitled to. The ti'ial coui't fox-warded the motions to counsel for both sides, and at a hearing on October 7, 2005, Winstead stated that he had asked counsel (apparently Bennett) to file the motions on his behalf, and that when counsel had l-efused, he (Winstead) had decided to take the matter into his own hands. The court infoi-med Winstead that as long as he had counsel of record the court would not entertain pro se motions. Motions Winstead filed himself would be foi-warded to counsel to be handled as counsel saw fit. Winstead complained that he found it difficult to work with counsel (again, appai-ently Bennett), but the court informed him that although he was entitled to an attorney, he was not entitled to the attorney of his choice, and in the court’s estimate the team representing Winstead was highly competent.

There the matter stood, apparently, until November 21, 2005, when Winstead filed another pro se motion, this one seeking dismissal of the indictment for ■lack of evidence and monetary compensation for what Winstead characterized as his unlawful incarcei-ation. He accompanied the motion with a letter to the coux-t in which he again complained of counsel’s unavailability and his failure to share with Winstead several items of discovery.

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Cite This Page — Counsel Stack

Bluebook (online)
283 S.W.3d 678, 2009 Ky. LEXIS 84, 2009 WL 1438712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winstead-v-commonwealth-ky-2009.