Anderson v. State

• Decision Date: 31 January 2012
• Docket Number: No. 49A05–1105–CR–243.,49A05–1105–CR–243.
• Citation: 961 N.E.2d 19
• Parties: Nathan ANDERSON, Appellant–Defendant, v. STATE of Indiana, Appellee–Plaintiff.
• Court: Indiana Appellate Court

961 N.E.2d 19

Nathan ANDERSON, Appellant–Defendant,

v.STATE of Indiana, Appellee–Plaintiff.

No. 49A05–1105–CR–243.

Court of Appeals of Indiana.

Jan. 31, 2012.

Gregory F. Zoeller, Attorney General of Indiana, Jodi Kathryn Stein, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

Michael R. Fisher, Marion County Public Defender Agency, Indianapolis, IN, Attorney for Appellant.

OPINION

CRONE, Judge.

Case Summary

Nathan Anderson entered Jane Pepper's apartment through a bathroom window. Anderson stabbed Pepper numerous times, killing her. He also had sexual intercourse with Pepper either just before or just after the murder. A jury found Anderson guilty of murder, class B felony burglary, and class D felony abuse of a corpse. The trial court sentenced Anderson to eighty-eight years in prison. On appeal, Anderson contends that the trial court abused its discretion when it admitted into evidence a statement he made to police in which he confessed to his crimes because officers continued to interrogate him despite a clear request for an attorney. Anderson also contends that the trial court abused its discretion in admitting DNA evidence linking him to the murder scene because that evidence was obtained with a buccal swab, which he alleges was taken in violation of the applicable Indiana statute and in violation of his federal and state constitutional rights.

We conclude that the admission of Anderson's police statement was error, but was harmless beyond a reasonable doubt with regard to the murder conviction alone. The erroneous admission of Anderson's police statement unquestionably influenced the jury verdicts as to his convictions for burglary and abuse of a corpse; therefore, we reverse those convictions. Additionally, we conclude that the DNA evidence was obtained by “mistake,” which constitutes a valid exception to the applicable statute and our federal and state exclusionary rules. Regarding Anderson's additional challenge to his sentence, we find no abuse of discretion on the part of the trial court and conclude that Anderson's murder sentence is appropriate in light of the nature of the offense and Anderson's character. Accordingly, although we vacate Anderson's burglary and abuse of a corpse sentences, we affirm Anderson's sixty-five year sentence for murder and decline the invitation for sentence revision.

Facts and Procedural History

The relevant admissible evidence indicates that on Thursday, October 25, 2007, forty-four-year-old Jane Pepper spent the evening alone in her Indianapolis apartment. Pepper's apartment was on the ground level of the apartment building, and Pepper often left her bathroom window open to allow her two cats to roam freely. Pepper spoke with her boyfriend on the phone around 11:00 p.m. and discussed her plan to attend a Purdue University football game with friends that Saturday. Pepper and her boyfriend, Charles Brnardic, had been in a serious and exclusive relationship since February of 2007. Shortly after 11:00 p.m., a neighbor saw Pepper lean out her apartment door to coax one of her cats inside. Pepper told the neighbor not to worry about the other cat because he could just use the open bathroom window to come in later.

Pepper did not report to work the next day or show up for the Purdue game that Saturday. Similarly, Pepper did not report to work on Sunday, and calls from Brnardic and friends went unanswered. On Monday, October 29, after friends and coworkers were unable to contact Pepper for several days, Brnardic went to the apartment complex and enlisted the aid of a leasing agent to gain access to Pepper's apartment. Upon entry, they discovered Pepper's blood-soaked corpse lying on the bedroom floor. Police were immediately summoned. Pepper's blood-soaked corpse was found naked from the waist down. Her bloody pajama bottoms, that had apparently been cut off her body, were found lying on the bed. A small pink towel, obviously placed on her after her death, was draped across her lower back. Blood was spattered on the bed, walls, and floor, and the bathroom window was open. Officers found four bloody kitchen knives, one with a broken blade, near Pepper's body.

An autopsy revealed that Pepper sustained numerous stab wounds to her face, chest, hands, and both sides of her neck. She also sustained a stab wound to her back, which punctured her left lung. Although any number of the wounds could have been fatal, the stab wound to the right side of her neck severed her jugular vein, lacerated her thyroid gland, and cut completely across her esophagus. Examiners surmised that death occurred in minutes rather than hours due to the nature of the injuries.

Vaginal swabs of Pepper's body along with the pink towel found on her body revealed the presence of sperm cells and seminal material. Several of the spermatozoa remained intact, indicating sexual intercourse within the timeframe of the murder. In November of 2007, the DNA profile developed from this material was uploaded in CODIS, a computer software program that operates national databases of DNA profiles from convicted offenders and unsolved crime scene evidence. No match resulted.

Following an unrelated incident, on August 25, 2008, Anderson was charged in Marion County with class B felony criminal confinement, class C felony intimidation, class D felony criminal confinement, class D felony pointing a firearm, and class A misdemeanor domestic battery. Anderson pled guilty to class D felony criminal confinement and class A misdemeanor domestic battery. Pursuant to the open plea agreement, alternative misdemeanor sentencing was available to the trial court for the class D felony.¹ Accordingly, the trial court entered judgment of conviction against Anderson on the confinement charge and the domestic battery charge, both as class A misdemeanors. However, the abstract of judgment and the order of probation issued by the trial court indicated that Anderson had been convicted of class D felony criminal confinement.

Marion County Probation Officer Joe Smith performed an intake interview with Anderson on December 22, 2008. After reviewing the order of probation and the abstract of judgment, Smith determined that Anderson had been convicted of a felony and advised Anderson that he was required to submit to a buccal swab for DNA. Anderson proceeded to an administrative office, wherein a cotton swab was rubbed against the inside of his cheek. Soon thereafter, Anderson implied to his girlfriend that he had killed someone and asked her how long she thought DNA lasted.

In January 2009, Anderson moved to Longview, Texas and his probation was transferred to the “NET caseload” to accommodate the move. State's Ex. 169 at 7. On February 3, 2009, Anderson's DNA profile was loaded into CODIS, and a match with the DNA found at the scene of Pepper's murder was detected on February 22, 2009. The Indiana State Police laboratory performed independent testing which confirmed the DNA match. On March 23, 2009, the Indianapolis Metropolitan Police Department (“IMPD”) was notified of Anderson's identity. Because Anderson had also failed to appear for a probation violation, officers obtained an arrest warrant as well as a search warrant to obtain a second buccal swab from Anderson. IMPD Detectives Robert Flack and Marcus Kennedy flew to Texas to meet with Anderson on March 25, 2009. The detectives met with Anderson in an interview room at the Longview Police Department.

Before questioning began, Anderson signed an advisement of rights form provided by the Longview Police Department. Detectives questioned Anderson from approximately 5:00 p.m. on March 25, 2009, until 3:00 a.m. on March 26, 2009. During questioning, Anderson was permitted several breaks to use the restroom, smoke, make phone calls, and eat food. Anderson was also permitted to meet privately with his father, an ordained minister and resident of Longview, approximately two or three times during the questioning. During questioning, officers told Anderson that they had his DNA from Pepper's murder scene and that they knew he had sex with her around the time of her murder. Anderson told police that he knew Pepper and that he and Pepper had an ongoing sexual relationship. As police continued to question and challenge the credibility of Anderson's explanation for his DNA being at the murder scene, the following colloquy occurred:

Detective Flack: You said you came inside of her before.

Mr. Anderson: I don't know. I really would like to talk to an attorney or something because I don't know where this is going. I don't want y'all to feel that I'm lying to you in any kind of way. I'm confused and there's a lot of stuff going on.

Detective Flack: All of a sudden you're confused?

Mr. Anderson: Yeah, because you say she's a homicide victim.

Detective Flack: Yeah.

Tr. at 1157; State's Ex. 169 at 50–51. Detectives did not cease the interview but continued questioning Anderson until he eventually confessed that he had not known Pepper prior to the night in question, that he entered Pepper's apartment through the open bathroom window with the intent of stealing money therein, that Pepper was sleeping and awoke when he entered her apartment, that he murdered Pepper by stabbing her numerous times, and that he had sexual intercourse with her dead body. Detectives obtained a second buccal swab of Anderson and, on March 29, 2009, a second confirmatory analysis established Anderson's DNA as the DNA from the scene of Pepper's murder.

On March 31, 2009, the State charged Anderson with murder, class B felony burglary, and class D felony abuse of a corpse. Although Anderson, a diagnosed schizophrenic, was initially found incompetent to stand trial, he was later declared competent in August 2010. Prior to trial, Anderson filed motions to suppress his statement to police as well as the DNA evidence. Following hearings, the trial court issued extensive findings of fact and conclusions of...