Castro v. State, 56988
| Decision Date | 22 February 1978 |
| Docket Number | No. 56988,56988 |
| Citation | 562 S.W.2d 252 |
| Parties | Albert Garza CASTRO, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
This is an appeal from a conviction for capital murder. On February 25, 1975, the jury answered "Yes" to the special issues submitted under Article 37.071, Vernon's Ann.C.C.P. and the punishment was assessed at death.
In his eighteenth ground of error, appellant contends that the trial court erred in refusing to permit him to impeach John David Rhoades, a State's witness, for bias and motive for testifying favorably to the State.
The sufficiency of the evidence to show appellant's guilt for the murder and robbery of Eugene Fish is not challenged. However, in light of our holding, a detailed statement of the facts is necessary. Robert Jolley testified that the deceased was the manager of the Seat Cover, Inc., a southside clothing store in San Antonio. Jolley, the deceased's roommate, last saw the deceased alive on the evening of May 22, 1974. Vidal Balderas, an employee of the Seat Cover, Inc., arrived at the store around noon on May 23, 1974 and found it closed. He used his key to enter the store, and found the deceased in a pool of blood in the back storeroom. Balderas ran to the store next door and got Brent West, who administered first aid to the deceased. During this time the police and an ambulance were called to the scene. The deceased died later that afternoon.
Dr. Ruben Santos, Bexar County medical examiner, testified that the deceased had three gunshot wounds to the head. He also stated that there had been three blows to the deceased's head, made by a blunt instrument, which caused parts of the brain and bone to protrude. He testified that only one of the gunshot wounds but any of the depressed fractures could have singly caused death. Santos also found an abrasion on the chest which pierced the skin and appeared to have been made by a screwdriver.
William Moritz testified that he, John Rhoades and appellant had been roommates for several weeks. Moritz stated that on May 22, 1974, appellant left their apartment at about 9:00 p. m., with the expressed intention of "going out and rolling a queer." Appellant had also displayed a pistol, which he took with him when he left the apartment. On the morning of May 23 1974, Moritz found new clothes with the tags still on them and stereo equipment in the apartment. These items were later identified as having been stolen from the deceased's store. That evening, after apparently hearing a news report in which they learned that a murder had been committed in connection with the robbery, Moritz and Rhoades called the police who retrieved the stolen articles from the apartment.
The evidence then showed that appellant was arrested in Frio County where he had driven in the deceased's car. He was subsequently returned to San Antonio where he made a confession.
In his confession, appellant admitted that on the night of May 22, 1974, he went downtown to Travis Park to the "Meat Rack", a well-known meeting place for homosexuals. There he met "Blue Boy" (later identified as Ronnie Proctor), an acquaintance. At around 1:00 a. m., the deceased drove by in his car, and the three agreed that if appellant and "Blue Boy" would show the deceased "what they had", or expose their genitals to him, he would give them clothes. The three men then drove to the deceased's store.
Once at the store, appellant stated that he and "Blue Boy" showed the deceased their penises. He stated that the deceased then told them to pick out some clothes from the store, and began talking about engaging in sexual activity with them. Appellant stated that while he was picking out clothes he heard a shot and a scream and saw that the deceased had been shot in the head by "Blue Boy" who had appellant's gun. "Blue Boy" then shot the deceased in the head two more times from close range. Appellant stated that he then picked up a hammer and beat the deceased in the head several times. He later picked up a screwdriver and "poked" the deceased in the chest to see if he was still alive. Appellant then took the deceased's personal effects, and he and "Blue Boy" left the store, taking "quite a bit of clothes." He drove "Blue Boy" back downtown, and then returned to the store where he took more clothes and a stereo. Appellant stated that he beat the deceased in the head with the hammer because he was afraid of "Blue Boy" and was scared that "Blue Boy" would shoot him.
John Rhoades, a witness for the State, testified that on the night of May 22, 1974 appellant told him that he was desperate for money and was "going to go out and roll a queer." Rhoades stated that appellant had a gun, and asked Rhoades to go with him as a decoy. Rhoades first agreed to go but later changed his mind. He stated that appellant threatened to shoot him when he refused to go. Rhoades testified that before appellant left the apartment appellant said that "he was going to kill the queer if the queer could identify him." He stated that the next morning when appellant was showing him the stolen property appellant told him that he had made six trips back into the store to collect the property and wipe off his fingerprints. Rhoades stated that he took some of the stolen property for his own use and sold some of it, planning to buy marihuana.
Rhoades testified that after he and Moritz called the police on the evening of May 23rd he attempted to leave town because he did not want to become involved in the questioning since he was on probation for a felony offense in Dallas.
Rhoades stated that he was arrested at the bus station and was taken to the police station where he told what he knew about the offense. He further stated that he then spent three months in jail.
At this point, during his cross-examination of Rhoades, appellant asked the witness what he had been charged with when he was arrested at the bus station. The State objected to this question; the objection was sustained and Rhoades did not answer. Appellant requested the opportunity to develop a bill of exception, which the trial court stated appellant could do later out of the presence of the jury.
Appellant continued his cross-examination of Rhoades, and a few minutes later asked "Now, isn't it a fact that you were charged with aggrevated (sic) robbery with a deadly weapon?"
The State again objected, which objection was sustained and Rhoades did not answer the question.
Rhoades also testified that he had seen appellant once in jail and that appellant had threatened to kill him if released on bail, because Rhoades had "snitched" on him.
Later during the trial, appellant perfected his bill of exception and the following testimony was elicited:
At the end of the hearing, appellant, by a proper objection, renewed his exception to the trial court's refusal to allow the jury to hear this evidence. However, the court refused to admit the evidence.
Appellant did not testify in his own behalf, nor did he present any evidence at either stage of the bifurcated trial.
Appellant now contends that the trial court erred in refusing to allow the jury to hear the evidence adduced in the bill of exception as impeachment of Rhoades for bias and motive in testifying for the State. We agree with this contention.
In Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974), the Supreme Court held that a defendant was denied the right of effective cross-examination where the trial court limited his cross-examination of the State's witness as to bias or motive due to his status as a juvenile probationer. The court, relying upon the Sixth Amendment right to...
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