Frederick v. State

Decision Date30 August 1995
Docket NumberNo. F-92-1111,F-92-1111
PartiesEarl A. FREDERICK, Appellant, v. STATE of Oklahoma, Appellee.
CourtUnited States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

An appeal from the District Court of Oklahoma County; John M. Amick, District Judge.

Bert Richard, Oklahoma City, for appellant at trial.

Sandra Stensaas and Susan Palmer, Oklahoma City, for the State at trial.

Wendell B. Sutton, Assistant Public Defender, Oklahoma City, for appellant on appeal.

Susan Brimer Loving, Attorney General of Oklahoma and William L. Humes, Assistant Attorney General, Oklahoma City, for appellee on appeal.

OPINION

STRUBHAR, Judge:

Appellant, Earl Frederick, was charged with First Degree Murder, in violation of 21 O.S.1991, § 701.7, in the District Court of Oklahoma County, Case No. CF-90-734. The State filed a Bill of Particulars alleging two aggravating circumstances: that the murder was committed for the purpose of avoiding arrest or prosecution, and that Appellant constituted a continuing threat to society. The jury found Appellant guilty of the crime charged and found one aggravating circumstance to exist, that of continuing threat to society. Appellant was sentenced to death. From this judgment and sentence he has perfected his appeal to this Court.

During November of 1989, Bradford Beck lived in the home of his cousin, Terri Smith, in Spencer, Oklahoma, while Smith was out of state visiting her mother. As early as November 7, 1989, witnesses testified that a man known as "Jeff" began staying with Beck in Smith's house. 1 On November 7, 1989, Smith called Beck to see if her food stamps had arrived. During this telephone call she heard music and was told by Beck that they were partying and having a nice time. Beck told her that "Jeffery" was one of the people there. Smith called Beck again on the morning of November 11, 1989. Beck told Smith during this conversation that he was mad at "Jeffery" and was going to take him back to Shawnee. Smith tried to call Beck several times after November 11 but no one answered the telephone. She became concerned because it was unlike Beck to leave for significant periods of time without letting anyone know where he was going.

Bobby Hollingshad was good friends with Beck. During the time that Beck had stayed in Smith's house, Hollingshad had seen "Jeff" at the house with Beck several times. On November 11, 1989, Hollingshad saw Beck and "Jeff" drinking and smoking marijuana at Smith's house. He had heard them arguing when he approached the house but they stopped when he knocked on the door and entered. When it was getting dark outside, Hollingshad left Smith's house and went across the street to his father's house. Later that evening, Hollingshad saw someone walk out to Beck's truck and start it. He did not believe this person was Beck because Beck walked with a noticeable limp and this person did not. The person then went back into the house. Later the pickup was driven away. Hollingshad testified that Beck was very proud of his truck and he rarely let anyone use it.

Jack Weese, a friend of Beck's, first noticed "Jeff" at Smith's house with Beck on November 7, 1989. A few days after November 11, 1989, Weese went back to Smith's house. He noticed that no one was there and Beck's pickup was not around. He went into the house and observed that one bedroom was in disarray. Human blood was found on the floor furnace.

It was subsequently discovered by the police that Appellant had checked into a motel in Dumas, Texas, on November 11, 1989, under the name of Larry Davis. He had been driving Beck's pickup at this time.

On November 16, 1989, a pickup later identified as that belonging to Beck was found in Texline, Texas. There was blood in the pickup on the seat, driver's door and ignition. Several items belonging to Beck and Smith were found in the pickup. Beck's cane, glasses and glove were found a short distance away, in Thompson's Grove.

At approximately 11:40 p.m. on November 19, 1989, Patrolman Oakley of the Amarillo, Texas Police Department observed a car matching the description of one stolen from a person found murdered in Texline, Texas. 2 Oakley and another officer stopped the vehicle which was occupied by a woman and a young child. The woman told the police officers that she had borrowed the car from a man named R.J. whom she had met in a bar a couple of nights earlier. The woman gave the police a description of the man and told them that he could be found at the Unique Club. The officers proceeded to the Unique club where they arrested Appellant, who matched the description given by the woman in the car. Appellant identified himself to the police as Earl Alexander Frederick. The car that the woman had been driving was secured and searched. Inside it the police found a pair of coveralls belonging to Bradford Beck.

While in custody immediately after his arrest, Appellant was booked into jail and advised of his Miranda 3 rights. He was then questioned by Officer Oakley about the car which had led to his arrest. Oakley discovered that Appellant was checked into a motel room in Amarillo. Appellant gave the police consent to search this motel room which he was checked into under the name of Larry Davis. In this motel room the police found numerous items belonging to Beck and Smith.

At about 3:00 a.m. on November 20, 1989, Appellant was advised of his rights under Miranda and questioned by Criminal Investigator Tim Bell. During this interview, Appellant told Bell that he and Beck had planned to go to New Mexico where Beck was going to visit his sister in Albuquerque and Appellant was going to make contact with an ex-wife. However, before they left, Beck changed his mind and told Appellant to take the pickup and leave without him. Appellant said that Beck told him that he was going to hitchhike to Old Mexico and drop off the face of the earth.

The following day, November 21, 1989, at approximately 4:30 p.m., Bell interviewed Appellant again. Bell again apprised Appellant of his Miranda rights before questioning him. On this occasion, Appellant identified himself as Earl Alexander Frederick, Sr. He told Bell that he had driven Beck's truck from Oklahoma City to Dumas where he had spent the night in a motel. Appellant had checked into this motel under the name of Larry Davis. Appellant also told Bell that on another night he had stayed in a motel in Dalhart, Texas. Appellant had checked into this motel under the name of R.J. Collier.

At about 6:00 p.m. on that same day, November 21, 1989, Bell returned to the jail after having been advised that Appellant wanted to speak with him again. At this time, Appellant told Bell that his name was Larry Davis and he needed to speak quickly because "Jeff" didn't let him out very long. Bell asked who "Jeff" was, and "Larry" responded, "Jeff is the one that controls Earl, R.J. and Larry and makes them do things that they don't want to do." 4 "Larry" advised Bell that Earl had lied to him earlier and that "Jeff" had killed Beck and had dumped his body in an open field near Spencer, Oklahoma. During this interview, "Larry" had been crying. At one point, he quit crying, sat a minute and kind of shook. He looked down at the floor and then looked at Bell and the Sheriff and said, "who are you?" 5 Bell responded by asking who he was, and he replied that his name was "R.J. Forrester." 6 Then "R.J." asked where he was and Bell told him. Bell walked him back to his cell and as they were walking, "R.J." stopped, looked at Bell and said, "you're Tim." Bell responded that he was, and "R.J." then said, "I'm Jeff, I've heard about you." 7 This was the end of the conversation.

On January 15, 1990, Beck's partially decomposed body was found in a field by some deserted buildings not far from Smith's house. The medical examiner testified that he listed the cause of death as undetermined--head trauma. He classified the manner of death as homicide because he did not believe that the skull injuries were caused by a fall or other accidental event.

Appellant was charged with Beck's murder and the case was first set for trial on June 24, 1991, but pursuant to the request of both parties, was continued until November 18, 1991. A Scheduling Order entered on November 13, 1991, reflects that the trial date was again continued by agreement of both parties until January 13, 1992. In January of 1992, defense counsel filed an application for a stay of the proceedings stating therein that the defendant had earlier sought from the court a finding that an expert in forensic psychiatry/psychology was necessary. It was noted in this application that the court had determined such an expert to be necessary to the defendant but because the Indigent Defense System was without adequate funds at that time, an expert could not be immediately procured. Accordingly, defense counsel requested the case be stayed until sufficient funds became available to hire the necessary expert. On January 3, 1992, the trial court granted defense counsel's application and continued the trial until April 13, 1992.

On April 2, 1992, the court conducted an ex parte hearing with defense counsel concerning the mental competency of Appellant. 8 It was established at this hearing that defense counsel had been advised that money was available for an expert and accordingly, had hired a clinical psychologist, Dr. Philip Murphy, to examine Appellant. Dr. Murphy testified at the hearing that he had spent three hours interviewing and testing Appellant. 9 After analyzing the interview and test results, Murphy concluded there was a possibility Appellant suffered from Multiple Personality Disorder (MPD). Dr. Murphy also noted the test indicators did not show Appellant lied or tried to fake his responses. However, Dr. Murphy testified that while the facts pointed toward MPD, it was a rare disorder that he had only seen once in twenty-two years of clinical experience, and accordingly, would require extended...

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6 cases
  • Frederick v. State
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • November 21, 2001
    ...First Degree, and was sentenced to death. On August 30, 1995, that conviction was reversed and remanded for a new trial. See Frederick v. State, 1995 OK CR 44, ¶ 31, 902 P.2d 1092, ¶ 2 The Honorable Virgil C. Black, District Judge, conducted the retrial before a jury from February 23 throug......
  • Hain v. State
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • June 7, 1996
    ...as it was an error in the trial process itself, and not a defect affecting the entire framework of the trial. In Frederick v. State, 902 P.2d 1092, 1097 (Okl.Cr.1995), citing to Arizona v. Fulminante, 499 U.S. 279, 308, 111 S.Ct. 1246, 1264, 113 L.Ed.2d 302, 330 (1991) we .... [A] harmless ......
  • Harris v. State
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • September 26, 2019
    ...He could not provide expert guidance as to Appellant's capacity to understand the nature and consequences of his acts. Cf. Frederick v. State , 1995 OK CR 44, ¶¶ 16, 25-26, 902 P.2d 1092, 1095-96, 1098 (capital defendant, whose sanity was in question, was denied a fair trial when court refu......
  • Fitzgerald v. State
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • December 10, 1998
    ...harmless error analysis applies. Fitzgerald relies on Frederick v. State 33 for his claim that harmless error analysis cannot apply. In Frederick the defendant's only defense was insanity; the erroneous denial of an Ake expert completely denied him any ability to defend against the charges.......
  • Request a trial to view additional results

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