Lewis v. State

Decision Date29 October 2019
Docket NumberNO. 2018-KA-00130-COA,2018-KA-00130-COA
Citation295 So.3d 521
Parties Oren Joseph LEWIS, Appellant v. STATE of Mississippi, Appellee
CourtMississippi Court of Appeals

ATTORNEY FOR APPELLANT: CYNTHIA ANN STEWART, Madison

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: MATTHEW WYATT WALTON

BEFORE J. WILSON, P.J., TINDELL AND LAWRENCE, JJ.

TINDELL, J., FOR THE COURT:

¶1. On June 16, 2017, a jury found Oren Lewis guilty of capital murder for the death of his two-year-old daughter, Ma'Leah Grace Bush. The Hancock County Circuit Court sentenced Lewis to life imprisonment without eligibility for parole. On June 23, 2017, Lewis filed an unsuccessful post-trial motion requesting an acquittal or, alternatively, a new trial. Lewis now appeals to this Court. Finding no error, we affirm Lewis's conviction and sentence.

FACTS AND PROCEDURAL HISTORY

¶2. On May, 21, 2015, Lewis was indicted for capital murder for Ma'Leah's death. Lewis's jury trial was held June 13–15, 2017. During trial, the jury heard testimony from numerous witnesses for the State and Lewis. The facts leading up to the incident primarily stemmed from the testimony of Lewis, Amanda Proulx (Lewis's wife), Jalen Walker (Lewis's son), Michaela Walker (Lewis's step-daughter), and Dena Lohman (Amanda's friend).

¶3. Prior to his conviction, Lewis testified that he was a special-education teacher at North Gulfport Middle School. Lewis and Amanda lived in Waveland, Mississippi, with four children—Jalen and Bralen (Lewis and Amanda's seven-year-old and three-month-old sons), Michaela (Amanda's nine-year-old daughter), and Ma'Leah, who was two years old at that time. Amanda testified that she worked the night shift at Ochsner's Hospital in Slidell, Louisiana, leaving Lewis responsible for taking care of the four children while she was at work.

¶4. Amanda and Dena testified that on the morning of August 24, 2013, they both went to Biloxi for a girls' day, leaving Lewis with Amanda's and Dena's children. When Amanda and Dena returned that evening, Dena took Jalen, Michaela, and Ma'Leah to spend the night at her house. Dena testified that at this point, Ma'Leah was acting normally and was excited to spend time with Michaela and Dena's daughter, Allie.

¶5. Dena stated that she left Lewis and Amanda's home and took the children to McDonald's to eat. After dinner, Dena took the children back to her house, where Jaylen played with Dena's son, Caden, and Allie, Michaela, and Ma'Leah played "Just Dance" and polished each other's toenails. Dena testified that Ma'Leah was dancing, walking around, and was very happy all night. Dena put the children to bed, and Ma'Leah slept in Allie's room with Allie and Michaela.

¶6. Meanwhile, that same night, Amanda and Lewis both testified that they went to a casino in Gulfport while a babysitter took care of Bralen. The couple returned home between 2 a.m. and 4 a.m. on Sunday, August 25, 2013, the day of the incident. Bralen woke up crying around 6 a.m., and Amanda fed him before returning to sleep. When Bralen woke up again, around 8 a.m., Lewis got up with him and cared for him the rest of the day while Amanda rested for work.

¶7. That Sunday morning, Dena testified that she took all of the children to church. Ma'Leah was very well-behaved at church and sat near Dena during the service. Dena took Michaela and Allie to dance practice and took Jalen and Ma'Leah back home around 2:30 p.m. At the time, Amanda recalled Ma'Leah walking, talking, and acting normally. Amanda testified that the last time she saw Ma'Leah before the incident in question was around 6:15 p.m., just before leaving their house for work. Again, Ma'Leah appeared to be normal and was eating a bag of chips just as Amanda left the house.

¶8. Lewis testified that after Amanda left for work, he was in charge of making meals and taking care of Michaela, Jalen, Bralen, and Ma'Leah. Lewis stated that Ma'Leah was very tired and would not eat while Bralen—a newborn—was "inconsolable" that night. Lewis also testified that Ma'Leah refused to eat that night, and after she spit out her food, he cleaned her up. At trial, Amanda read a series of text messages to the jury that were exchanged between her and Lewis around 8:10 p.m. that night. In the messages, Lewis expressed frustration with taking care of the children, specifically Bralen, and Amanda attempted to calm Lewis down. Amanda also testified that she called Lewis around 10 p.m. to check on him. Lewis told Amanda that Bralen had finally fallen asleep but did not eat much that night. Amanda warned Lewis that he should be prepared to be up that night with Bralen because he would be hungry. Amanda testified that she and Lewis never spoke about Ma'Leah during these exchanges, and to her knowledge, Ma'Leah was fine at this point in the night.

¶9. At trial, Lewis, Michaela, and Jalen all testified to three different versions of the events leading up to Ma'Leah's death. Immediately prior to her testimony, Michaela informed a victim's coordinator for the State that her mother, Amanda, had asked her to tell the jury that she did not remember anything that happened the night of Ma'Leah's death. The State informed the circuit court that Michaela was visibly upset and crying. However, Michaela proceeded with her testimony.

¶10. Michaela testified that, after her mother went to work, Lewis was the only adult left to watch Jalen, Bralen, Ma'Leah, and her. That night, Michaela testified that she and Jalen watched television in Jalen's room. Michaela went to take a bath but heard a loud noise that sounded like thunder coming from the living room. Michaela then testified that she went back into Jalen's room. Soon after, Michaela and Jalen heard three "slapping noises," again coming from the living room. After hearing the slapping noises, Michaela went into the living room and saw only Lewis and Ma'Leah. Michaela testified that Ma'Leah was crying. Lewis turned to Michaela and said, "I didn't touch her." Michaela went back to Jalen's room and continued watching television.

¶11. Michaela testified that, some time later, she went into the living room again to put Ma'Leah to bed. Michaela picked Ma'Leah up from the couch and noticed a "knot on her head." Michaela took Ma'Leah to her room and placed Ma'Leah on her (Michaela's) bed before going back to Jalen's room. Michaela testified that she and Jalen were sitting on Jalen's bed watching television and could see out of Jalen's bedroom door into the hallway. Sometime later, Michaela and Jalen fell asleep. Michaela was later awoken by Lewis's loud footsteps and looked out into the hallway. In the shadows on the wall across from her room, Michaela saw Lewis pick Ma'Leah up and "toss" her onto Michaela's bed twice. Michaela testified that she fell asleep, and she was again awoken by Lewis's footsteps. Michaela again looked out into the hallway and saw Lewis, who was now walking down the hallway toward the back of the house. Michaela stated that Lewis was holding Ma'Leah's body out and away from him. Michaela testified that she fell asleep one more time and was awoken by strangers asking her questions and telling her that Ma'Leah had been hurt.

¶12. Jalen's testimony about that night differed slightly. Jalen testified that he and Michaela were watching television in his room when they heard a loud "boom" coming from Michaela's room. Jalen testified that he and Michaela both went to the bedroom and that Lewis came from the living room to the bedroom. Jalen further testified that he and Michaela saw Ma'Leah lying on the ground, and unlike Lewis's testimony, Jalen said that he did not see any part of her body caught in Michaela's trundle bed. Jalen then remembered going to the hospital in New Orleans after Ma'Leah had been hurt.

¶13. Lewis recalled a different set of events surrounding Ma'Leah's death. Lewis testified that he gave Ma'Leah a bath and dropped a bottle of shampoo, which made the first "boom" that Jalen and Michaela heard. Lewis testified that Jalen and Michaela came in the bathroom to ask about the "boom," and Lewis told them that he had dropped the shampoo bottle. Lewis testified that after Ma'Leah's bath, Jalen and Michaela watched television at the back of the house while he sat in the living room on the couch with Bralen and Ma'Leah. Lewis said that at some point later in the evening, Michaela came and put Ma'Leah to bed. But in a separate statement made on the night of the investigation, Lewis told investigators that he actually put Ma'Leah to bed. Lewis testified that Ma'Leah slept in Michaela's trundle bed, which was approximately two feet from the ground in Michaela's bedroom.

¶14. Lewis then testified that he put Bralen in his crib and went to bed himself. Lewis stated that he heard the second "boom" and went into Michaela's room to check on Ma'Leah. Lewis testified that Jalen and Michaela were asleep in Jalen's room and never came into Michaela's room to see what had happened, as they testified. Lewis testified that when he came to check on Ma'Leah, he saw her right foot caught in the wire of Michaela's trundle bed and her head and body on the carpeted floor next to the bed. After calling Ma'Leah's name, Lewis stated that she was unresponsive. He then called 911 and placed Ma'Leah on the living-room couch until an ambulance arrived. When asked about Jalen's and Michaela's versions of the events, Lewis responded that their accounts were "[f]abrication."

¶15. During trial, the State offered a number of medical and law-enforcement witnesses to testify as to the aftermath of Ma'Leah's injury. Allison Jacobson, a 911 dispatcher, testified that she received the call from Lewis the night of the incident stating that Ma'Leah had fallen from her bed. Benjamin Bowden, an investigating officer, testified that he was dispatched to Lewis's home following the 911 call. Bowden arrived at Lewis's house and saw Ma'Leah lying on the couch in the living room. Ma'Leah initially appeared to be...

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