Angleton v. State, 49S00-9411-CR-1049
| Citation | 686 N.E.2d 803 |
| Decision Date | 09 October 1997 |
| Docket Number | No. 49S00-9411-CR-1049,49S00-9411-CR-1049 |
| Parties | Brad C. ANGLETON, v. STATE of Indiana, Plaintiff-Appellee. |
| Court | Supreme Court of Indiana |
Karon A. Perkins, Columbus, for Defendant-Appellant.
Pamela Carter, Attorney General, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, for Plaintiff-Appellee.
The essential nature of the evidence presented at trial is circumstantial. The facts most favorable to the conviction indicate that during the early morning hours of April 8, 1993, defendant shot his wife in the head while she was sleeping.
A neighbor testified that at around 2:00 a.m. on the morning of April 8, he was parking his car close by and heard three shots coming from the direction of the Angleton's apartment. Defendant was at home at this time.
The State's theory at trial was that defendant killed his wife because they were having marital difficulties and because he could profit from her death by collecting life insurance. Several witnesses testified regarding Cheryl's unhappiness in the marriage and her intention to leave defendant. Although he denied having marital difficulties, defendant admitted that he had not been completely truthful with Cheryl about his debts and obligations prior to the marriage. Several months after their wedding, in September 1989, defendant filed for bankruptcy. The evidence also showed that in June of 1992, defendant acquired insurance policies for more than $300,000 of coverage insuring Cheryl's life, for which he was the named beneficiary.
Angleton's defense was that a burglar killed his wife. Trial testimony indicates that when defendant arrived home from work at around 5:00 on the evening of April 8, he reported to the police that his home had been burglarized. Cheryl Angleton was not present at the time of the report. Defendant told the investigating officer, Officer Richard Utley, that two cameras and fifty dollars cash were missing. At trial, Officer Utley testified that in his opinion the Angleton's home was too neat to have been the actual scene of a burglary.
Cheryl had not returned home, after Angleton reported the burglary, and so defendant left her a note and went to a Comfort Inn. In the several hours thereafter, defendant did nothing to try to communicate with his wife or warn her that their apartment had been burglarized. He did not phone Cheryl at home or at her parents' home or try to locate her at all that evening. Defendant claims that he did not know how to place an outgoing call from the hotel room, although evidence shows that the hotel phones came equipped with directions.
The next morning defendant returned home and called to speak with Officer Utley. He then called Utley back around 15 minutes later explaining that he had found Cheryl's purse and wanted to make a missing person report. He went to the station to make this report. While there, he told an officer he believed Cheryl might be dead. When the officer asked why, defendant simply turned away.
Around noon, defendant telephoned the police and reported that he had found Cheryl's body and believed she was dead. Defendant claims he noticed the cat behaving strangely in front of the kitchen closet and that when he investigated he found Cheryl's nude body wrapped in a sheet. Officer Rizwan Khan reported to the scene. He found at first no evidence in the house that a homicide had occurred there. The apartment was in order and appeared to be quite clean. Upon closer examination, however, he discovered that there was blood on the bed mattress in the master bedroom, blood spatters on the wall, and blood on the floor. Magazines had been placed over the blood spot on the floor.
Forensic evidence showed that Cheryl was shot once between 24 to 48 hours before her
body was found. The gun was around a foot from her head when she was shot. The type of weapon and bullet were not identifiable, and there was no remaining evidence of any other shots having been fired.
Several witnesses testified as to Cheryl's temperament and fears at around the time of her death and to difficulties in her marital relationship. Cheryl's mother, Shirley Adkins, testified to the contents of a note which Cheryl had, shortly before her death, left at Adkins' house among photographs of defendant's family. The note read, "I have tried so hard, but things just aren't working out." (R. at 1383, 1400.)
Cheryl's cousin, Kimberly Jones, testified to conversations she and Cheryl had while Cheryl was visiting her in West Virginia. Jones testified that Cheryl told her that she and defendant were disagreeing and that she wanted a baby. Jones also testified that Cheryl told her that defendant was verbally abusive.
Sherri Lunn, a friend of Cheryl's from her prior place of employment, testified similarly to Jones. Lunn testified that Cheryl told her she intended to divorce defendant if he would not give her a child. She also testified that Cheryl had told defendant that she intended to divorce him.
Furthermore, Toni Leisure, a dog-breeder who sells Rottweilers for personal protection, testified that she had two phone conversations with Cheryl shortly before her death. Leisure had never met Cheryl, but Cheryl telephoned Leisure because she wished to purchase a dog from her. Cheryl told Leisure that "she was soon to be alone, soon to be on her own." (R. at 900.) Leisure further testified that Cheryl "had also thought about buying a gun," (R. at 994), and that Cheryl stated, "I want to make sure I wake up in the morning" (R. at 995-96). All of the conversations testified to by Leisure, Lunn, and Jones occurred within six months of Cheryl's death.
Defendant challenged the admissibility of Leisure's testimony both before trial by motion in limine and at trial. Defendant claims that Leisure's testimony about a caller named Cheryl Angleton, who telephoned in order to arrange for the purchase of a Rottweiler, should not have been admitted into evidence. The first ground upon which he challenges the testimony is for a lack of foundation establishing that the caller was Cheryl. Defendant contends that, because the information conveyed by the caller to Leisure contained facts about Cheryl both, true and false, the information did not establish it was Cheryl who phoned Leisure.
For evidence of a telephone conversation to be admitted, the identity of the participants must be established. King v. State, 560 N.E.2d 491, 494 (Ind.1990). Identity may be established through voice identification where the receiver is familiar with the caller's voice. Ashley v. State, 493 N.E.2d 768, 775 (Ind.1986). Identity may also be established through circumstantial evidence where the caller gives sufficient specific information which only she would know. Lock v. State, 567 N.E.2d 1155, 1159 (Ind.1991); Reed v. State, 491 N.E.2d 182, 186 (Ind.1986). Examples of such information include name, phone number, address, and social security number. Id. at 186. "The identity of the caller need not be proved beyond a reasonable doubt." King, 560 N.E.2d at 494-95. Conflicts in information establishing identity go to the weight and not the admissibility of the evidence. Id. at 495.
Leisure learned that the caller's name was Cheryl Angleton, that she lived in an apartment, drove a small car, and was a part-time student. She also noted that the caller spoke in a soft voice. This was sufficient circumstantial evidence to establish the caller as Cheryl. Lock, 567 N.E.2d at 1159; Reed, 491 N.E.2d at 186. While the caller also professed to be single and not to own a cat, facts which were untrue of Cheryl, these conflicts go to the weight, not the admissibility of the evidence. King, 560 N.E.2d at 494-95.
In the motion in limine and at trial, defendant challenged Leisure's, Lunn's, and Jones' "We accord the trial court discretion in ruling on the relevancy of evidence." Thompson v. State, 613 N.E.2d 461, 466 (Ind.Ct.App.1993); Hunter v. State, 578 N.E.2d 353 (Ind.1991). Furthermore, Light v. State, 547 N.E.2d 1073, 1081 (Ind.1989) (citations omitted).
testimony about Cheryl's statements, in conversation with them, as irrelevant hearsay. At trial, he also challenged Adkins' testimony as hearsay. The trial court ruled the testimony of Leisure, Lunn, Jones, and Adkins admissible as relevant to Cheryl's state of mind. Although defendant broadly challenges all of the testimony as inadmissable hearsay, we separately examine the type and character of the testimony from each of these witnesses. We hold that some of the challenged testimony is not hearsay and some is hearsay subject to an exception.
Only relevant evidence is admissible. Ind.Evidence Rule 402. " 'Relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action...
To continue reading
Request your trial
-
Wrinkles v. State
...fearful of defendant, and we are unable to conclude that her state of mind was relevant to an issue in this case. Cf. Angleton v. State, 686 N.E.2d 803, 809 (Ind.1997); Lock v. State, 567 N.E.2d 1155, 1159 (Ind.1991). However, any error resulting from the trial court's admission of Lisa Sha......
-
Stephenson v. State
...issue." It is within the trial court's discretion to determine whether a witness is qualified to give an opinion. See Angleton v. State, 686 N.E.2d 803, 812 (Ind.1997) (citing Kent v. State, 675 N.E.2d 332, 338 (Ind.1996)), reh'g On appeal, Defendant argues that this testimony was improperl......
-
Cox v. State
...new information or even information that Cox had considered worthy of objection when it was originally introduced. See Angleton v. State, 686 N.E.2d 803, 815 (Ind.1997) (sentencing judge could consider victim impact evidence where defendant did not object to admission of the evidence). Unde......
-
Willey v. State
...Court recently observed that a "victim's state of mind is relevant where it has been put in issue by the defendant." Angleton v. State, 686 N.E.2d 803, 809 (Ind. 1997) (citing Taylor v. State, 659 N.E.2d 535, 543 (Ind.1995)); see also Lock v. State, 567 N.E.2d 1155, 1159-60 (Ind.1991) (hear......