Cameron v. State

• Decision Date: 15 January 2014
• Docket Number: No. 04–12–00294–CR.,04–12–00294–CR.
• Citation: 415 S.W.3d 404
• Parties: Vanessa CAMERON, Appellant v. The STATE of Texas, Appellee.
• Court: Texas Court of Appeals

415 S.W.3d 404

Vanessa CAMERON, Appellant

v.The STATE of Texas, Appellee.

No. 04–12–00294–CR.

Court of Appeals of Texas, San Antonio.

Sept. 18, 2013.

Discretionary Review Granted Jan. 15, 2014.

Joseph A. Esparza, Law Office of Michael Gross, San Antonio, TX, for Appellant.

Jay Brandon, Assistant District Attorney, San Antonio, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice and REBECA C. MARTINEZ, Justice.

OPINION

Opinion by: REBECA C. MARTINEZ, Justice.

Vanessa Cameron appeals her conviction for the murder of her former boyfriend. Because we conclude that Cameron's constitutional right to a public trial was violated during the jury selection phase of her trial, we reverse the trial court's judgment and remand for a new trial.

Factual and Procedural Background

On December 13, 2010, Samuel Johnson, Jr. was shot to death. A few days later, his body was found in a cemetery. Cameron, Johnson's former girlfriend and the mother of Johnson's young son, was charged with murdering Johnson. The State alleged that Cameron, upset over Johnson leaving her for another woman, concocted a plot to murder Johnson so that she could collect life insurance proceeds as Johnson's named beneficiary. A jury found Cameron guilty of murder, and the trial court sentenced Cameron to seventy years' imprisonment and imposed a $5,000 fine. Cameron now appeals.

Discussion

On appeal, Cameron argues that (1) her right to a public trial under the Sixth Amendment to the United States Constitution was violated by the trial court during voir dire, (2) the trial court erred in denying her motion to suppress her oral statements obtained in violation of the Texas Constitution, article 38.22 of the Texas Code of Criminal Procedure, and the Fifth and Fourteenth Amendments to the United States Constitution, and (3) the trial court abused its discretion in admitting rebuttal evidence of an alleged prior solicitation over her objections based on Rules 403 and 404(b) of the Texas Rules of Evidence. We begin by addressing the public trial issue.

Right to Public Trial

Voir Dire Proceedings

Prior to the beginning of voir dire, the bailiff ushered Cameron's family and friends out of the courtroom, stating that only the jury panel members would be allowed inside the courtroom during jury selection and there was no room for the public. When the trial judge took the bench, and before the venire panel was brought into the courtroom, defense counsel brought to the trial court's attention that the public, including Cameron's family and friends, had been excluded from the courtroom. Counsel requested that the trial court permit Cameron's family and friends to be present in the courtroom during voir dire and objected to their exclusion on the ground that Cameron was being denied her right to a public trial under the Sixth Amendment. The trial court responded that it recognized Cameron's right to have her family and friends present during voir dire, but explained that due to the sixty-five venire members and the lack of additional chairs, it did not “see any room whatsoever where anybody else would be able to sit and observe.” The court further stated, “before we called the case, we saw a pretty significant number of family members that were walking in. There is no way this courtroom can accommodate them, and I certainly appreciate the security concerns of ... the sheriff's department. It is a public trial. It's an open trial. Certainly people have the opportunity to observe. We just don't know where to put them.”

At that point, defense counsel asked if the trial court was overruling his objection to exclusion of the public. The court replied, “No, I'm not ruling. I'm just telling you, where can we put them?” When counsel reiterated that he was still requesting a ruling, the court stated, “you're objecting to something I haven't made a ruling [on].” Defense counsel stated he was asking for a ruling on his objection to exclusion of the public. The court replied, “No. No, no. The Court has never ruled that. I've never ruled that the public is excluded. All I'm saying is, where do you suggest we put them?” Counsel suggested the court could bring in chairs and place them in front of the bench, stating “we can find places to put them.” The judge dismissed the suggestion as unreasonable, citing “security issues” and the “security risk” of having spectators stand next to him. The court then asked defense counsel if he would be satisfied with opening the courtroom doors and “have them all stand in ‘that little hallway there’ so they can observe the whole thing?” Counsel responded, “I just wanted an alternative ... If you want to open those doors and put chairs and have people—have the public sit there, that's fine with me.” The court replied that it did not have enough chairs, but “if you want, we can open up those doors in the back and have them stand to where they can observe and hear every single thing that's going on.” Joining the discussion for the first time, the prosecutor stated he thought opening the courtroom doors and permitting the public to stand in that space would be a fire code violation. The court then stated, “And that—I mean, we're having issues. Counsel obviously wants her entire family here. I mean, I don't know what else we could do. The courtroom's going to be absolutely stuffed with venirepanel members.”

Defense counsel again attempted to obtain a ruling on his objection and the court again declined to rule, explaining that his objection was “premature” because the court had not ruled that the public was excluded from voir dire. When counsel explained that his objection was based on the bailiff's exclusion of the public that had already occurred prior to the judge taking the bench, the court again acknowledged Cameron's right to an open court proceeding but reiterated the lack of space and available chairs, stating “I just don't know how we could accommodate.” When counsel asked if his objection was therefore overruled, the court replied, “I am telling you that you can have people in this courtroom ... I just don't know where to put them. So I'm not making a ruling that anybody's excluded. I'm not making a ruling denying anything that you're asking because I haven't ruled on what it is that you're asking. I haven't told you that you cannot have people in the courtroom. Tell me where to put them and we'll put members of her family.” Counsel stated, “okay. Thank you, Judge.” During the entire exchange regarding exclusion of the public during voir dire, the prosecutor was silent except for pointing out the potential fire code violation. The venire panel was then brought into the courtroom and the voir dire proceedings began.

Later, during the middle of general voir dire, after a recess required by a venire member's need for medical attention, the court revisited the issue of the public's exclusion from the courtroom. Outside the presence of the venire panel, the court again stated on the record that it did not close the voir dire proceedings, but also added, “[d]uring the course of discussions, the Court did analyze the four-prong questions” laid out in Waller v. Georgia, 467 U.S. 39, 104 S.Ct. 2210, 81 L.Ed.2d 31 (1984). The court described its Waller analysis as follows:

Specifically, the Court considered the size and configuration of the courtroom. 65 venirepanel members have been summoned to the courtroom. In order to accommodate all 65, there are about ten chairs that are placed in the gallery. Additionally, there are three or—three other chairs located next to the jury box. Every single chair in the gallery and in the jury box is filled with the 65 individuals.

The court reporter is seated directly in front of the defense table directly in front of the jury box, so there would be no room there. Directly in front of the defense table there is a table used by the probation department that has a computer, a printer, some files. Directly next to the defense table is a panel that has been set up by the defense for use during voir dire. Directly behind that panel is a box where the bailiffs sit, a bailiff's table.

The Court considered the size of the configuration. [The] Court also considered alternative courts, knowing that the juries—the central jury room is not adequately sufficient for a trial such as this. Also, the Court is expecting a potentially emotionally charged jury trial, this originally being filed, I believe, as a capital. I know that it is now a murder charge.

As such, the space within the courtroom area for the participants and the bailiffs is very narrow. The Court does not want to make any jury or potential jurors feel in any way constrained with truthfulness and honesty, making them uncomfortable in regards to potential family members next to them.

Essentially, the bottom line is the Court was concerned about safety and safety in the courtroom. Recognizing that the courtroom is not closed, Defense, before you begin your general voir dire, you're certainly able to bring in some family members and we will do our best to accommodate them in areas around the gallery where the Court, where the bailiffs feel the security will not be an issue.

This is the last reference to exclusion of the public made on the record during trial. There is no indication in the record that any of Cameron's family or friends were permitted inside the courtroom during the remainder of voir dire, or that the courtroom's doors into the foyer area were ever opened or that any member of the public stood there during voir dire.

Motion for New Trial

After Cameron was convicted and sentenced, she filed a motion for new trial alleging her right to a public trial was violated during voir dire. Cameron's motion included twelve affidavits by her friends and family, including her mother, stating that the bailiffs excluded them from the courtroom before voir dire began and they did not witness any of the voir dire proceedings....