Bedford v. State

• Decision Date: 10 October 1991
• Docket Number: No. 73703,73703
• Citation: 589 So.2d 245
• Parties: 16 Fla. L. Weekly S665 Michael J. BEDFORD, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

Page 245

589 So.2d 245

16 Fla. L. Weekly S665

Michael J. BEDFORD, Appellant, v. STATE of Florida, Appellee.

No. 73703.

Supreme Court of Florida.

Oct. 10, 1991.

Rehearing Denied Dec. 9, 1991.

Richard L. Jorandby, Public Defender, and Gary Caldwell and Allen J. DeWeese, Asst. Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Michael J. Bedford, a prisoner under sentence of death, appeals his convictions of first-degree murder and kidnapping and the sentences attendant thereto. We have jurisdiction, article V, section 3(b)(1), Florida Constitution, and affirm the convictions and sentence for kidnapping but vacate the sentence of death.

On January 3, 1988, Deborah Herdmann's nude body was found beside a dumpster behind a shopping center. Her hands were bound behind her back with duct tape. There was also duct tape over her mouth and around her neck. There were human feces on her hands.

The police identified Herdmann through an engraved class ring that was found on the body. The victim's family gave the police the name Vincent Walsh and a business card for Walsh's limousine service. On January 7, after several statements were taken from Walsh, Bedford was asked to come to the police station for questioning.

Bedford gave three conflicting statements to the police. The latter two statements were tape-recorded, the first was not. In the first statement, Bedford denied any involvement with Herdmann on the day of the murder.

In a second statement which was taped and played to the jury, Bedford admitted being in one of Walsh's limousines with Walsh and Herdmann on the day of the murder but maintained that Herdmann was still alive when he left them. He told police that on January 2 Walsh sent him to pick up Herdmann. After Bedford delivered Herdmann, Walsh and Herdmann left in the limousine alone. Bedford met them later at the mall. When he got into the limousine, he noticed Herdmann's hands were tied behind her and there was tape around her head "like a gag." Walsh told Bedford they had just had sex. Walsh also told Bedford that they were going to take Herdmann out somewhere and drop her off with no clothes, to scare her into leaving him alone. They drove around for a couple of hours, then stopped at a gas station where Walsh threw away Herdmann's purse and shoes. Bedford maintained that Herdmann was still alive when he was dropped off at the mall.

There was testimony that prior to the taping of the above statement, Bedford told police that he and Walsh had planned to kidnap Herdmann, bind her up, and leave her in the Everglades nude because she was constantly calling them. Their intent was to scare her so she would leave them alone. On Walsh's instructions, Bedford brought the duct tape when he went to pick up Herdmann and placed it under the front seat of the limousine.

In the third statement which was also taped and played to the jury, Bedford admitted that he was with Walsh when the body was dumped. Bedford stated that when he got into the limousine at the mall, he got into the back seat with Herdmann who was bound with the tape. There were feces on the carpet. Walsh was getting out of the back and told him that they had just had sex. They drove around and Herdmann asked if Walsh was going to kill There was testimony that prior to the taping of the above version of events, Bedford told police that after asking if they were going to kill her, Herdmann began to struggle. When Bedford put his hands on her shoulders to subdue her, he heard her "neck snap." She fell limp to the floor and stopped breathing. They dumped the body as related in the taped statement. Bedford again stated that for two or three weeks prior to the incident, he and Walsh had been planning to frighten Herdmann by binding her up and taking her out to the Everglades and dumping her.

her. Bedford told her Walsh was just fooling around. Herdmann complained about the tape, so Bedford tried to loosen it. Finally, Herdmann began to act strange, fell to the floor, and started changing colors. Bedford told Walsh he thought she had broken her neck. Walsh stopped by a dumpster and dragged the body out of the car.

According to the medical examiner, seven to eight layers of tape were wrapped tightly around the victim's hands which were bound together behind her back. The victim's jewelry was underneath the tape. Tape was stretched tightly across her mouth. There were abrasions to the lips that, according to the medical examiner, were probably caused by the victim trying to scream or yell with the tape on her mouth. Two to three layers of tape were wrapped loosely around her neck and hair. The medical examiner explained that the tape around the neck would protect the neck from bruising if it were squeezed. There was no external evidence of trauma to the neck. However, an internal examination revealed a small area of internal hemorrhage on the left side of the neck extending behind the trachea into the esophagus. This internal injury was likely caused by a thumb or finger slipping off the tape and pressing against the neck. The injury to the neck occurred very near the time of death. The cause of death was asphyxia caused by either pressure to the neck restricting breathing or pressure to the vagus nerve stopping the heart, or a combination of the two. There were bruises on the victim's right shoulder and on her legs which were consistent with an injury occurring very shortly before death. There were three areas of bruises and contusions on the victim's scalp caused by trauma to the head which also occurred shortly before death. The victim had engaged in intercourse but there was no evidence of forcible rape.

The defense of accidental death during erotic sexual asphyxia was raised at trial through Bedford's testimony. According to his testimony, Walsh asked him to pick up Herdmann and bring her to his mother's house so Walsh could tell her to "lay off." Herdmann, who Bedford knew as Debbie Hernandez, had been harassing them by constantly calling Walsh and calling Bedford to find out about Walsh. The plan, which Bedford knew about a week before, was to scare Herdmann by taking her out and leaving her so that she would either have to walk back or call somebody to pick her up.

As instructed, Bedford took Herdmann to meet Walsh. Walsh and Herdmann got in Walsh's limousine. Bedford agreed to meet Walsh later at the mall. Bedford made several phone calls to Walsh from the mall while waiting. As Bedford came up to the limousine, Walsh was pulling up his pants. Walsh told Bedford to get in the back of the limousine. Herdmann was in the back. She was naked and was bound with the duct tape Bedford had left under the driver's seat for Walsh. Bedford assumed Walsh and Herdmann had engaged in anal sex because he saw feces on the floor.

Bedford described himself as a "go-between" for Herdmann and Walsh. He explained that during phone conversations with Herdmann, she would tell him about "kinky sex" with Walsh and others.

After Bedford got into the car, Herdmann asked that the tape be pulled down from around her earring. Bedford did as she asked. He said he also pulled the tape from her mouth down to her chin. After a while, Herdmann asked Walsh to stop the car, let Bedford drive and get in the back seat so Walsh could have sex with her.

                When Walsh ignored her, she tried to make him jealous by having sex with Bedford.  First, Bedford and Herdmann engaged in oral sex.  Then they had intercourse.  While they were having intercourse, Herdmann asked Bedford to put his hands around her throat and push on a point with his fingers to "get her off."   They continued to have intercourse with Bedford pressing on her neck.  After a couple of minutes, Bedford began to have an orgasm, at which time Herdmann fell to the floor.  Bedford told Walsh he thought he had broken her neck.  After checking for a pulse, Bedford asked Walsh to take Herdmann to a hospital.  Walsh refused, saying if they took her tied up, no one would believe their story.  They drove around until Walsh stopped by a dumpster.  Walsh took the body out of the car and placed it by the dumpster.  Bedford refused to help.  As the body was pulled from the car Herdmann's head hit the car door and the concrete
                

Bedford maintained that the death was an accident, that it was Herdmann's idea for him to hold on to her neck and press, that he did not know what erotic sexual asphyxia was, and that he did not intend to kill her or otherwise harm her. He said he did not call the police because he was scared and did not want anyone to know he had been "fooling around" with Herdmann.

Dr. Abdulla Fateh, a forensic pathologist who testified for the defense, testified that erotic sexual asphyxia is a phenomenon of abnormal sexual behavior in which pressure is applied to the neck that causes reduction in the blood supply to the brain, in turn causing sexual arousal and orgasm. Dr. Fateh testified that the cases he had personally seen involved single males and although it was possible for the phenomenon to occur between a couple engaging in sexual intercourse it is extremely unusual and uncommon. In Dr. Fateh's opinion, if two consenting adults were engaging in sexual intercourse and one depressed the carotid artery of the other to decrease the flow of blood to the brain, at the point of orgasm, an accidental death could occur. Dr. Fateh also found that the injuries to the victim's neck reported in the autopsy report were consistent with erotic sexual asphyxia. Dr. Fateh further testified that it is common for people engaging in this practice to cover the neck with some sort of material to avoid leaving marks. However, on cross-examination, Dr. Fateh testified that Herdmann's injuries were also consistent with death by strangulation. In Dr. Fateh's opinion, based on the reports and depositions he had...