96-897 La.App. 5 Cir. 3/25/97, State v. Styles

• Decision Date: 25 March 1997
• Citation: 692 So.2d 1222
• Parties: 96-897 La.App. 5 Cir
• Court: Court of Appeal of Louisiana — District of US

Page 1222

692 So.2d 1222

96-897 La.App. 5 Cir. 3/25/97

STATE of Louisiana v. Glen STYLES.

No. 96-KA-897.

Court of Appeal of Louisiana Fifth Circuit.

March 25, 1997.

Paul Connick, District Attorney, Terry M. Boudreaux, Assistant District Attorney, Gretna, for Plaintiff-Appellee.

Kevin V. Boshea, New Orleans, for Defendant-Appellant.

Before BOWES, DUFRESNE and GOTHARD, JJ.

[96-897 La.App. 5 Cir. 1] DUFRESNE, Judge.

STATEMENT OF THE CASE

The Jefferson Parish Grand Jury returned an indictment on April 27, 1995, charging Glen Styles and Rodney A. Taylor with one count of aggravated rape, LSA-R.S. 14:42, and three counts of armed robbery, LSA-R.S. 14:64. ¹

The charges proceeded to trial before a twelve person jury in May, 1996. After considering the evidence presented, the jury found defendant guilty of one count of aggravated rape, LSA-R.S. 14:42, and two counts of armed robbery, LSA-R.S. 14:64. However, as to the remaining count of armed robbery, the jury found defendant not guilty.

On May 28, 1996 defendant filed a motion for new trial and [96-897 La.App. 5 Cir. 2] motion for post verdict judgment of acquittal. On June 19, 1996, the court heard and denied these motions. After defendant waived the legal delays, the judge sentenced him as follows: Count 1 (aggravated rape)--life imprisonment at hard labor without benefit of parole, probation or suspension of sentence; Count two (armed robbery)--ninety-nine (99) years at hard labor without benefit of parole, probation or suspension of sentence, to run concurrently with the sentence imposed in count one; Count four (armed robbery)--ninety-nine (99) years at hard labor without benefit of parole, probation or suspension of sentence, to run consecutively with the sentences imposed in counts one and two.

Defendant thereafter filed a motion for appeal.

FACTS

Count One--Aggravated Rape of Lisa K. Cobb (Bordes)

Count Two--Armed Robbery of Brett Bordes and Lisa K. Cobb (Bordes)

On December 3, 1994, a young engaged couple, Brett Bordes and Lisa Cobb, were sitting in their Metairie apartment, with the door cracked open, waiting for friends to arrive. At about 7:00 p.m., two men, one of whom was armed with a gun, came into their apartment and demanded money. The victims tried to give them the little money that they had; but not satisfied, the suspect subsequently identified as Glen Styles, searched through the bedroom while the other individual subsequently identified as Rodney Taylor, pointed the gun at Brett's head and continued to demand money from the couple. Taylor, who was getting irritated, started tugging on Lisa's shirt asking if the [96-897 La.App. 5 Cir. 3] money was in there. When the young woman told him that she did not have any money, Taylor, still armed with the gun forced her to the sofa and ordered her to disrobe. Petrified, she complied with his order. After Lisa sat on the sofa Taylor kneeled in front of her, pulled down his pants, and forced her to perform oral sex on him. He then engaged in vaginal intercourse with the woman. During this ordeal, Styles, who was now holding the gun, had it pointed at Brett who was lying on the floor pleading with them not to hurt "his baby." In response to Brett's pleas, Styles told him that if he did not shut up he would "blow his head off." As Taylor raped the young woman, Styles walked to the couch, and forced her to perform oral sex on him. When Taylor subsequently finished, Styles handed him the gun and then proceeded to engage in vaginal intercourse with the young lady. When the two men were finished raping her, they gathered some property, including a white cordless phone and a Winchester shotgun and left. When the police arrived Brett talked with them and gave them a description of the perpetrators. In the meantime the young woman who was bleeding and felt weak, was transported to the hospital.

During the course of this investigation, the police showed the victims two photographic lineups. On the first occasion they were unable to make an identification; however both Lisa and Brett positively identified the two suspects during the second photographic lineup. Also, the two victims positively identified defendant in court as one of the perpetrators. Additionally, the property that was taken during this robbery, a cordless telephone and a shotgun, was [96-897 La.App. 5 Cir. 4] subsequently recovered from Rodney Taylor's residence.

In connection with the rape, Dr. David Dunn performed a medical examination on Lisa Cobb who had showered by the time she went to the hospital on December 3, 1994, and he prepared a report in connection with the examination. At trial, after being accepted as an expert in the field of obstetrics and gynecology, Dr. Dunn testified that he did not observe any signs of physical trauma nor did he observe signs of trauma or any abnormalities in the pelvic examination. However, the doctor further testified that failure to observe trauma is not uncommon and that everything he observed during his examination, including the victim's emotional state; insofar as she appeared withdrawn but tense, was consistent with a woman being a victim of rape.

Also, in connection with this case fingerprints were taken from the young couple's apartment. However, no fingerprints were identified as matching those of defendant. Additionally, during the course of the investigation various scientific tests were performed, including a request for analysis of blood/physiological fluids as well as a request for hair comparisons. The results of the scientific analysis were unable to positively connect defendant to the rape of Lisa Cobb.

Count Three--Armed Robbery of Norma Heintz

The facts surrounding this offense will not be addressed since defendant was found not guilty.

Count Four--Armed Robbery of William Gilmore

On December 2, 1994, at about 9:00 p.m., William Gilmore was [96-897 La.App. 5 Cir. 5] in the parking lot of a Metairie apartment complex when he was accosted by two men subsequently identified as Styles and Taylor. Taylor, armed with a gun, cursed at the victim, forced him to his knees, put the cocked pistol in his face, and demanded money. At this point Styles, who had positioned himself by the entrance of the building, approached the victim and yelled at him to hand over his wallet. After Mr. Gilmore surrendered his wallet the two men got upset at the small amount of money, and they started shouting obscenities at him and said that they ought "to blow my ass away." Luckily for Mr. Gilmore the two men took his wallet and the blue Igloo cooler that he was carrying but threw back his wallet as they fled. When the police arrived, Mr. Gilmore gave them a description of the two men. Although Mr. Gilmore was unable to make an identification in either of the two photographic lineups that he was shown, he subsequently made an unplanned identification of defendant. As Mr. Gilmore sat in the hallway after testifying at co-defendant Rodney Taylor's trial, he saw an individual that he recognized as one of the perpetrators, specifically as the man that stood in the entrance way, but then came out, cursed at him, and told the man with the gun to take his life. In addition to that identification Mr. Gilmore positively identified defendant in court as one of the perpetrators. The cooler which was taken during the robbery was subsequently recovered from Rodney Taylor's residence.

In addition to the testimony of the witnesses previously set forth, which revealed the factual scenario of the offenses as well as [96-897 La.App. 5 Cir. 6] the investigations, there were several other witnesses who testified at trial. Rodney Taylor, a co-defendant, admitted his involvement in the crimes but denied any involvement on the part of Glen Styles. According to Taylor he implicated Glen Styles in his statement because Styles had robbed him. At trial Taylor claimed that Joseph Howard committed the offenses with him; however, he did not want to implicate Howard who threatened to kill his family.

Demetrius Adams, a friend of both Rodney Taylor and Glen Styles, testified that Taylor told him that he and Styles were going around robbing people and that they had gone into somebody's house, took some goods, and had sex with a girl.

Lieutenant Judith Erchul of the Jefferson Parish Sheriff's Office testified that in connection with this case she took a statement from Rodney Taylor. In his statement Taylor told Lieutenant Erchul that Glen Styles was involved with him in the commission of the offenses. She testified that there was no indication in Taylor's statement that Glen Styles had robbed him.

After the state rested its case defense counsel called several witnesses to testify in defendant's behalf and to attempt to present an alibi for him. Rosalie McCoy, defendant's grandmother, testified that on December 3, 1994, defendant cut grass all day until 5:00 p.m. at which time he went to his mother's house across the street, took a bath, and then took a nap. Defendant left the house that evening at 7:45 when a friend, Neiman, picked him up. According to Ms. McCoy, on December 2, 1994, defendant went to school, stayed late to play [96-897 La.App. 5 Cir. 7] football, arrived home at 6:00 p.m., and went to bed at about 7:00 p.m. Ms. McCoy further testified that in connection with this case the police conducted a search of her house; however, nothing was seized as a result of the search.

Defendant's mother, Theresa Styles, testified in accordance with Rosalie McCoy concerning defendant's whereabouts on December 2 and 3, 1994. Ms. Styles testified that on the night of December 2, 1994, defendant was at home and that on December 3, 1994, defendant cut the grass, went to her house at 5:00 p.m. and stayed there until 7:45 p.m. when a friend, Neiman, picked him up.

Neiman Dunams testified that on December 3, 1994, he picked Glen Styles up from his house at 7:45 p.m. and they remained together until 1:30 a.m.

Defendant also testified...