Chambers v. State

• Decision Date: 22 December 1987
• Docket Number: No. 52910,52910
• Citation: 745 S.W.2d 718
• Parties: James W. CHAMBERS, Appellant, v. STATE of Missouri, Respondent.
• Court: Missouri Court of Appeals

Page 718

745 S.W.2d 718

James W. CHAMBERS, Appellant, v. STATE of Missouri, Respondent.

No. 52910.

Missouri Court of Appeals,

Eastern District,

Division Two.

Dec. 22, 1987.

Motion for Rehearing and/or Transfer Denied Feb. 4, 1988.

Application to Transfer Denied March 15, 1988.

Thomas R. Schlesinger, Chesterfield, for appellant.

William L. Webster, Atty. Gen., Jared R. Cone, Asst. Atty. Gen., Jefferson City, for respondent.

DOWD, Judge.

Movant James W. Chambers appeals after the denial of his Rule 27.26 motion following an evidentiary hearing. We affirm.

Appellant was convicted of capital murder for which he was sentenced to death. On direct appeal following his original trial, the Missouri Supreme Court reversed appellant's conviction and ordered a new trial on grounds the trial court refused appellant's tendered self-defense instruction when there was sufficient evidence of self-defense to warrant submission of the issue to the jury. State v. Chambers, 671 S.W.2d 781 (Mo. banc 1984) [hereinafter cited as Chambers I].

On retrial, appellant did not adduce the evidence of self-defense presented in the first trial. Accordingly, the trial court refused appellant's tendered instruction on self-defense. Appellant was again convicted of capital murder and sentenced to death. On direct appeal, the Missouri Supreme Court upheld appellant's conviction concluding the evidence presented at appellant's second trial did not justify a self-defense instruction. State v. Chambers, 714 S.W.2d 527 (Mo. banc 1986) [hereinafter cited as Chambers II].

In his motion seeking relief under Rule 27.26, appellant contends he was denied effective assistance of counsel in that counsel who represented appellant during his second trial failed to interview and call crucial witnesses who could have testified in appellant's behalf.

A full statement of the facts surrounding appellant's conviction is given in the opinion on direct appeal. Chambers II, supra. In brief, the evidence showed appellant went to a lounge in Arnold, Missouri and sought out the victim. Appellant initiated an argument with the victim and coaxed the victim to settle the matter outside of the establishment. Appellant departed the establishment first and drew a handgun on his way out. As the unarmed victim exited the lounge, appellant struck the victim over the head with the gun. The victim rose to his feet with his hands in the air. Appellant fired a single shot into the victim's chest. Appellant then proceeded to pistol whip the victim, dragged the victim across the parking lot, and taunted him. Thereafter, appellant ran to the passenger side of an awaiting automobile and fled the scene. Following the incident, a pair of needle-nosed pliers was found lying next to the victim's body. The owner of the lounge, however, testified the pliers were his and had dropped from his pocket after the incident when he reached for a handkerchief while standing over the victim's body.

The State's theory of the case under the capital murder submission was that appellant intended to cause the death of the victim and reflected upon the matter cooly and fully before doing so in that appellant sought out the victim, appellant drew a handgun and waited for the unarmed victim to exit the establishment, and appellant had a getaway car waiting so that he could quickly flee the scene.

At the 27.26 motion hearing, appellant's counsel from his second trial testified it was his trial strategy to undermine the credibility of the state's witnesses and to suggest the victim had a pair of needle-nosed pliers in hand at the time of the incident in order to get a self-defense instruction.

At appellant's first trial, a witness, Jim Jones, was called to testify in appellant's defense. Jones was not called to testify at appellant's second trial. It was this witness' testimony that was central to the Supreme Court's decision in Chambers I supra, requiring reversal on grounds the trial court failed to instruct on self-defense where the instruction was warranted. Jones testified during the first trial that he was in the parking lot of the lounge on the night in question and witnessed the shooting. It was Jones' testimony that the victim struck appellant first, appellant fell backwards and as appellant was rising to his feet, he shot the victim.

On cross-examination, however, Jones testified to facts adverse to appellant's case. Jones substantiated the state's case that appellant had the handgun drawn before the victim exited the lounge and that the victim was unarmed. Moreover, Jones testified the victim was six feet away from appellant and was not advancing towards appellant when appellant fired the shot. Jones also testified that appellant pistol whipped the victim and told the victim to "lay there and die." Jones' testimony also supported the state's theory of a getaway car as Jones testified the vehicle in which appellant fled the scene was waiting in the parking lot the entire time with the engine running and was parked in a position facing out towards the exit.

At the motion hearing, appellant's counsel acknowledged he did not interview Jones but did read the transcript of his testimony from the first trial. Counsel considered Jones' testimony very damaging to appellant and concluded Jones, for impeachment purposes, was locked into his testimony from the first trial. Counsel testified further that appellant was emphatic about the decision not to call Jones and signed a statement to that effect. The signed statement was introduced at the motion hearing. In that statement appellant agreed Jones should not be called as a witness and acknowledged that failure to call Jones might prevent appellant from receiving a self-defense instruction.

Donald Chapman, the driver of the vehicle in which appellant fled the scene of the crime, did not testify at either of appellant's trials. Chapman, a first cousin of appellant, was arrested in connection with the murder for driving the getaway car. Chapman gave recorded statements to the police after the incident. At the motion hearing, Chapman testified he witnessed the incident from the rear window of the automobile. It was Chapman's testimony that the victim struck appellant first, hitting appellant in the face and knocking him backwards. Appellant then jumped up, the two men struggled, and a shot went off.

Appellant's counsel acknowledged he did not interview Chapman. Counsel, however, did have transcripts of the statements Chapman made to the police. Counsel found these statements damaging and did not consider Chapman a credible witness in light of the fact he was arrested in connection with the incident.

At appellant's second trial, Deputy Sheriff Kentch testified that while appellant was in custody the deputy accompanied appellant to an appointment with an eye doctor. While in the waiting room of the doctor's office, appellant made statements the substance of which were that he had killed a man in Arnold and would kill two police officers if given the opportunity.

At the motion hearing, a patient who was at the doctor's office testified he was present when appellant was brought into the waiting room but did not hear appellant make the statements the deputy testified to. The patient acknowledged, however, that he had a hearing problem and was present in the waiting room with appellant no longer than five minutes.

At the motion hearing, appellant's former counsel testified he did not interview the employees or patients of the doctor. Counsel testified further that he was made aware of the incident by the prosecution through discovery only one week before trial. Counsel interviewed Deputy Kentch and found him credible. He spoke with appellant and appellant gave counsel the name of a deputy who was allegedly present at the doctor's...