Emmett v. Com.

• Decision Date: 13 September 2002
• Docket Number: Record No. 020314.
• Citation: 569 S.E.2d 39,264 Va. 264
• Parties: Christopher Scott EMMETT v. COMMONWEALTH of Virginia.
• Court: Virginia Supreme Court

569 S.E.2d 39

264 Va. 264

Christopher Scott EMMETT v. COMMONWEALTH of Virginia.

Record No. 020314.

Supreme Court of Virginia.

September 13, 2002.

S. Jane Chittom, Appellate Defender (Joseph R. Winston, Appellate Special Counsel; Public Defender Commission, on briefs), for appellant.

Robert Q. Harris, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: All the Justices.

KOONTZ, Justice.

In a bifurcated trial conducted pursuant to Code § 19.2-264.3, a jury convicted Christopher Scott Emmett of the capital murder of John Fenton Langley in the commission of robbery, Code § 18.2-31(4), and fixed Emmett's punishment at death. The trial court imposed the death sentence in accordance with the jury's verdict. Code § 17.1-313(A) mandates that we review the imposition of a death sentence.¹

BACKGROUND

Weldon Roofing Company employed Emmett and Langley as laborers for its roofing crews. During late April 2001, both men were assigned to a project in the City of Danville and shared a room at a local motel where the roofing crew was staying. On the evening of April 26, 2001, Emmett, Langley, Michael Darryl Pittman, and other members of the roofing crew cooked dinner on a grill at the motel, played cards, and drank beer. During the course of the evening, Langley loaned money to Emmett and Pittman, who used the money to buy crack cocaine.

At approximately 11:00 p.m. that evening, Rainey Bell, another member of the roofing crew, heard a noise he described as "bang, bang" coming from the room Emmett and Langley shared. Shortly after midnight, Emmett went to the motel office and asked the clerk to call the police, saying that he had returned to his room, "seen blood and stuff. . . and didn't know what had took place."

The police arrived at the motel at 12:46 a.m. on April 27, 2001 and accompanied Emmett back to his room. There they discovered Langley's dead body lying face down on Langley's bed beneath a comforter. Blood spatters were found on the sheets and headboard of Langley's bed, on the wall behind it, and on the wall between the bathroom and Emmett's bed. A damaged brass lamp stained with Langley's blood was discovered beneath Langley's bed.

In his initial statement to police, Emmett denied killing Langley. He stated that he had returned to the room and gone to bed. Emmett claimed to have discovered the blood and Langley's body later that night when he got up to use the bathroom. Observing what appeared to be bloodstains on Emmett's personal effects, the police took possession of Emmett's boots and clothing with his permission. Emmett suggested that the blood might be his own because he had injured himself earlier in the week. Subsequent testing, however, revealed that Emmett's boots and clothing were stained with Langley's blood.

Later in the morning of April 27, Emmett voluntarily accompanied the police to the Danville police station. There he agreed to be fingerprinted and gave a sample of his blood. Emmett admitted to the police that he had been drinking and using cocaine on the previous evening. Over the course of the next several hours, Emmett related different versions of the events of the previous evening to the police. He first implicated Pittman as Langley's murderer, but ultimately Emmett told the police that he alone had beaten Langley to death with the brass lamp.

Emmett was given Miranda warnings and he gave a full, taped confession. Emmett stated that he and Pittman decided to rob Langley after Langley refused to loan them more money to buy additional cocaine. Emmett stated that he struck Langley five or six times with the brass lamp, took Langley's wallet, and left the motel to buy cocaine.

PROCEEDINGS

Emmett was indicted for capital murder and robbery. In the guilt-determination phase of a bifurcated jury trial beginning on October 9, 2001, the Commonwealth presented evidence in accord with the above-recited facts. In addition, the Commonwealth presented evidence from the medical examiner that based upon the amount of blood and bruising of the victim's brain tissue at the point of impact, Langley was not killed immediately by the first blow from the lamp. The medical examiner conceded, however, that Langley might have been unconscious after the first blow was struck and may have suffered "brain death" prior to actual death.

After the jury convicted Emmett of capital murder and robbery, during the penalty-determination phase of the trial, the Commonwealth presented evidence of Emmett's prior criminal history. This evidence included an account of an instance in which, while incarcerated in a maximum-security juvenile detention facility, Emmett participated in an escape that involved a guard being "rushed" and locked in a closet. In addition, the criminal history evidence showed that while driving a vehicle under the influence of alcohol, Emmett was involved in an accident in which the driver of a motorcycle was killed in 1996. After the accident Emmett said "that there was no need to worry about the man on the motorcycle. He was already dead, and that [Emmett] could do nothing to help him." Emmett was convicted of involuntary manslaughter.

The Commonwealth also presented extensive victim-impact testimony from members of Langley's family. Emmett objected to various statements made by the victim-impact witnesses who appeared to urge the imposition of the death penalty. The trial court sustained these objections and directed the jury to disregard the statements.

Emmett presented evidence in mitigation from his mother, sister, and a family friend. Emmett's mother testified that Emmett's father had been abusive, and "he just never took care of his family." Both Emmett's mother and sister testified that Emmett had become withdrawn in the months prior to Langley's murder. The friend described Emmett as "a caring person" who had helped her disabled husband with yard work and had assisted her in caring for her son when he was injured and unable to walk.

The jury returned its verdict imposing the death sentence based upon both the statutory aggravating factors of future dangerousness and vileness. Following consideration of a presentence report, the trial court imposed the jury's sentence of death.

DISCUSSION

As we have previously noted, Emmett has voluntarily waived his right to appeal his convictions and, thus, to have the proceedings of his trial reviewed for reversible error. The Commonwealth contends that this waiver bars Emmett from asserting that the death sentence was imposed as a result of passion, prejudice, or other arbitrary factors because certain evidence was erroneously admitted or that certain remarks by the Commonwealth's Attorney during the penaltyphase closing argument were improper and should have been stricken from the record.

We agree with the Commonwealth that, having waived his right of appeal, Emmett may not assert that his sentence of death is improper merely on the ground that there may have been reversible errors committed in his trial. We consistently adhere to the contemporaneous objection requirement of our Rule 5:25 and the further requirement of Rule 5:27 that trial error must be the subject of an assignment of error. See, e.g., Overton v. Commonwealth, 260 Va. 599, 604, 539 S.E.2d 421, 423 (2000) (applying Rule 5:25 to failure to object to victim impact testimony or introduction of photographs in Code § 17.1-313(C) review of death sentence); George v. Commonwealth, 242 Va. 264, 284, 411 S.E.2d 12, 23-24 (1991),cert. denied, 503 U.S. 973, 112 S.Ct. 1591, 118 L.Ed.2d 308 (1992) (consolidation of charges not the subject of assignment of error not considered in passion and prejudice review); see also Rule 5:17(c). Emmett's waiver of appeal implicates both of these procedural requirements for our review of potential trial errors, and we decline to create an exception to these requirements.

However, "[t]he review process mandated by Code § 17.1-313(C) cannot be waived. Rather, the purpose of the review process is to assure the fair and proper application of the death penalty statutes in this Commonwealth and to instill public confidence in the administration of justice." Akers v. Commonwealth, 260 Va. 358, 364, 535 S.E.2d 674, 677 (2000).

The review process mandated by Code § 17.1-313(C)(1) is meaningless without the recognition that the erroneous admission of some evidence or some other error in an incident of trial might result in a prejudicial verdict. Indeed, the import of the review mandated by Code § 17.1-313(C)(1) is that a sentence of death may be imposed erroneously as the result of passion, prejudice, or other arbitrary factors even where there is, or could be, no finding of reversible error in the trial proceedings. Accordingly, in this case, while we will not consider the merits of any assertion that evidence was improperly admitted or that the Commonwealth's Attorney made improper statements, we will nonetheless consider the potential impact such evidence and statements may have had on the jury's decision to impose the death sentence.

Emmett makes several arguments in support of the contention that the sentence of death was imposed upon him as the result of passion, prejudice, or other arbitrary factors. Chiefly, he points to the emotionally charged testimony of the victim's family members and their statements that appeared to urge the imposition of the death penalty. However, each time a victim-impact witness's testimony broached this subject, Emmett objected, and the trial court instructed the jury to disregard the witness's statement. A jury is presumed to follow the instructions of the trial court. Weeks v. Angelone, 528 U.S. 225, 234, 120 S.Ct. 727, 145 L.Ed.2d 727 (2000); LeVasseur v. Commonwealth, 225 Va. 564, 589, 304 S.E.2d 644, 657 (1983), cert. denied, 464 U.S. 1063, 104 S.Ct. 744, 79 L.Ed.2d 202 (1984). Accordingly, we do not believe that this testimony unduly influenced or prejudiced the...