296 N.W.2d 359 (Minn. 1980), 45762, State v. Clark
| Citation | 296 N.W.2d 359 |
| Opinion Judge | The opinion of the court was delivered by: Rogosheske |
| Party Name | STATE of Minnesota, Respondent, v. Edward R. CLARK, Appellant. |
| Attorney | C. Paul Jones, Pub. Def. Ronald Haskvitz, Asst. The New Law Law School. Univ of Minn. Minnesota 55455 For Appellant. |
| Case Date | July 03, 1980 |
| Court | Minnesota Supreme Court |
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Syllabus by the Court
1. Assuming that trial court erred by admitting in prosecution's case in chief defendant's statements obtained in violation of his Miranda rights and his statements that he wished to exercise those rights, such error was harmless. It was proper, however, to permit impeachment of defendant with statements obtained in violation of Miranda rights since the statements were voluntary and trustworthy.
2. Impeachment on cross-examination by inquiry into criminal conduct opened up on direct and relating to veracity was permissible; introduction of extrinsic evidence to prove such collateral conduct was error but could not have substantially prejudiced the jury.
3. Evidence, including photographs, of the murder of the second victim was admissible under the same-criminal-episode exception to the rule excluding evidence of other crimes.
4. Under these circumstances defendant's arrest was based on probable cause and the search incident thereto was proper.
5. Affidavits in support of warrants to search defendant's storage shelter and vehicle were sufficient to show probable cause to search.
6. Arguably exculpatory evidence not disclosed by the prosecution does not raise a reasonable doubt as to defendant's guilt.
7. Improper remarks in prosecution's closing argument did not deprive defendant of due process of law where defense counsel did not object and the evidence of guilt was strong.
8. Evidence, although circumstantial, was sufficient to justify the verdict, and inherently incredible alibi was not a reasonable hypothesis inconsistent with guilt.
C. Paul Jones, Public Defender and Ronald Haskvitz, Asst. Public Defender, Minneapolis, for appellant.
Warren Spannaus, Atty. Gen., Richard Mark, and Gary Hansen, Asst. Attys. Gen., St. Paul, John Corbey, County Atty., Mankato, for respondent.
Heard before SHERAN, C. J., ROGOSHESKE, and WAHL, JJ., and considered and decided by the court en banc.
ROGOSHESKE, Justice.
Edward R. Clark was convicted by a district court jury of the first-degree murder of Michael Jiminez. He appeals from the judgment of conviction and from an order denying his petition for postconviction relief. Defendant raises many issues on appeal, the most significant of which are: (1) whether admission of statements made by defendant during custodial interrogations constituted reversible error; (2) whether admission of extrinsic evidence concerning a collateral alleged theft denied defendant due process of law; (3) whether admission of evidence, including photographs, relating to the death of Barbara Jiminez, Michael's wife, unfairly prejudiced defendant; (4) whether defendant's warrantless arrest and the search incident thereto were unlawful; (5) whether the searches of defendant's vehicle and storage locker were unlawful; (6) whether the prosecution failed to produce exculpatory evidence such that a new trial is required; (7) whether prosecutorial misconduct requiring a new trial occurred; and (8) whether the verdict is supported by the evidence. While we agree with some of defendant's claims of error, we conclude that the errors that occurred, taken either
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individually or cumulatively, do not warrant a new trial. We accordingly affirm.
In February 1974, defendant, who was experiencing business difficulties, left his home and family in Ferndale, Michigan, and traveled to Sacramento, California, where he spent two weeks with his wife's parents. Upon learning that a lawsuit had been commenced against him in Michigan, he rented a room near Sacramento, in the residence of Eugene and Sarah Ward, under the name of Edward Williams. He resided there from March 1 to April 18. From March 4 to April 5, defendant was employed as an auto mechanic by Burke Chevrolet in Folsom, California. At work he was given a supply of pens inscribed with "Tom Hitchner, Quaker State Motor Oil, Sacramento, California." On March 9, 1974, defendant rented a portable typewriter from California Business Machines. Landlady Sarah Ward saw a typewriter and a gun case that appeared to contain a gun in defendant's room.
On April 18 defendant left the Wards, stating that he was going to Oregon. He loaded his belongings into a Ford Bronco with Michigan license plates. The following day, April 19, he returned the rented typewriter, received a receipt, and proceeded not to Oregon but to Nevada. At about 10:20 that evening, defendant cashed several traveler's checks at Harrah's Casino Motel near Lake Tahoe. On the morning of April 20, defendant continued to Reno and then drove east on Interstate 80, stopping only occasionally to take naps of approximately 45 minutes.
In the meantime, Michael and Barbara Jiminez, a married couple, were spending the weekend with Michael's sister in Emporia, Kansas. At about noon on Sunday, April 21, the couple began hitchhiking north on Interstate 35, intending to return to their home in Mankato, Minnesota. They carried a knapsack, a duffel bag, and a sign made from a grocery sack marked "35N." Early Sunday evening defendant picked up Michael and Barbara Jiminez near Des Moines, Iowa, where Interstates 80 and 35 run together. Later that evening, defendant cashed a traveler's check at a truckstop on Interstate 35 near Ames, Iowa.
On April 22 at about 5 p. m. defendant called his home in Ferndale, Michigan, from an oasis plaza on Interstate 90 near Belvidere, Illinois, and spoke with his wife. Defendant arrived home at approximately 1 a. m. on April 23. At about 3 a. m., he went to his mother's home.
Late in the morning of April 23, the body of Michael Jiminez was found beneath two railroad ties near Smith's Mill, Minnesota. The cause of death was a gunshot wound to the back of the head. Near the body were an empty .44 magnum cartridge, two ballpoint pens with the lettering "Tom Hitchner, Quaker State Motor Oil, Sacramento, California," and a matchbook from Harrah's Casino Motel. A pathologist placed the time of death between dark on the evening of April 22 and 3 a. m. on April 23. He admitted that his estimation was approximate and that it was based in part on the fact that the busy nature of the area would have made a daytime murder unlikely.
The identification of Michael Jiminez' body prompted a search for his missing wife. On April 28, a jacket belonging to Barbara Jiminez was found on the bank of the Cannon River within a few miles of Smith's Mill. Several days later, on May 2, a cardboard box containing a grocery bag with "35N" printed on it, an Iowa roadmap, a duffel bag, a black stocking, a green sweater, a windbreaker, two pairs of jeans, a bandana, panties, a red and black stocking, and a brassiere, items belonging to the Jiminez couple, was found in nearby Sakatah Lake State Park. Also in the box were a plastic glass, a box of Medico pipe cleaners, a bingo coupon from Harrah's Casino Motel, two receipts for typewriters made out to Edward Clark from California Business Machines, and a sticker indicating protection by an electronic alarm system. Following these discoveries, Sacramento authorities were contacted.
Barbara Jiminez' nude body was found on May 4 lying face down in the water near the shore of Scotch Lake. One of her shoes
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was found in the crotch of a nearby tree, and a fragment of knotted pink cloth with some hairs the same color as Barbara's tied in the knot was lying on the ground. Autopsy revealed that strangulation was the most likely cause of death, although drowning could not be ruled out. Consistent with the strangulation theory, two thick strands of Barbara's long hair were wrapped across her neck.
On May 6, 1974, defendant returned to California Business Machines to rent a typewriter. The owner alerted the Sacramento County Sheriff's office and provided the license number of the Bronco. Shortly before midnight, officers observed the Bronco outside a bar and, after making positive identification, entered the bar and arrested defendant. The police impounded the vehicle.
At the jail, defendant was advised of his Miranda rights and refused to sign a waiver of those rights. When the charges were explained, defendant stated that he had not been in Minnesota for 3 years and that the evidence must have been planted by his former business partners.
While inventorying defendant's personal belongings at the time of booking, police found receipts for traveler's checks and for rental of a storage shelter. On May 7, they investigated the storage facility and obtained a warrant for the search of a shelter rented in the name of Edward R. Richardson. They executed the warrant on May 8 and found a .44 magnum Luger carbine and some cartridges, a torn pink sheet, some traveler's checks, publicity brochures from Harrah's Casino Motel, and a box of plastic cups. Tests revealed that the rifle had fired the cartridge found by Michael Jiminez' body and that the pink sheet was the cloth from which the fragment found near Barbara Jiminez' body had been torn.
The police obtained an additional warrant and searched defendant's Bronco. The search produced pipes, pipe tobacco, pipe cleaners, a box of Medico filters, and stickers indicating protection by an electronic alarm system. Each window of the Bronco had an identical sticker affixed to it.
Defendant was returned to Minnesota and indicted on two counts of first-degree murder. He was first tried for the murder of Michael Jiminez. At trial he took the stand and testified that he had picked up a third hitchhiker in addition to the Jiminezes and that he had allowed the unidentified hitchhiker to drive his vehicle. He stated that he fell asleep and awoke at a truckstop...
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