Com. v. Anderson

• Decision Date: 21 November 1996
• Docket Number: No. 95-SC-1057-DG,95-SC-1057-DG
• Citation: 934 S.W.2d 276
• Parties: COMMONWEALTH of Kentucky, Appellant, v. Kathy A. ANDERSON, Appellee.
• Court: Supreme Court of Kentucky

Page 276

934 S.W.2d 276

COMMONWEALTH of Kentucky, Appellant, v.Kathy A. ANDERSON, Appellee.

No. 95-SC-1057-DG.

Supreme Court of Kentucky.

Nov. 21, 1996.

A.B. Chandler, III, Attorney General, Samuel J. Floyd, Jr., Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, for appellant.

Daniel T. Goyette, Jefferson District Public Defender, Frank W. Heft, Jr., Chief Appellate Defender, Jefferson District Public Defender, Louisville, for appellee.

JAMES LEVIN, Special Justice.

This is an appeal from a decision of the Court of Appeals vacating the order of the trial court which found that the appellee, Kathy A. Anderson, had failed to establish she had been a victim of domestic violence at the hands of the man she killed, and therefore was not eligible for an exemption from the parole-eligibility restrictions of the Violent Offender Statute, KRS 439.3401.

Anderson and James Shields, both alcoholics, had been cohabiting in a boardinghouse for approximately one year.As a result of a seizure, Anderson fell and broke her arm.On May 6, 1993, Anderson and Shields had three or four drinks, and Anderson retired to bed.What happened thereafter is a maze of contradictions based solely on the statement of Anderson.She first stated to the police called to the scene that she awoke to find Shields dead on the floor and denied stabbing him or contributing to his death in any way.The following evening, the police again interviewed her.This time, she stated that she had gotten into an argument with Shields and pushed him, causing him to fall on an eight-inch long surgical pin.She let him lie on the floor for about forty-five minutes before calling for help.Based upon this statement and the autopsy report which revealed that Shields's death was a result of two linear abrasions on his left arm, a laceration to the right side of his face and his left hand, and a puncture wound to both the right and left side of his chest, Anderson was charged with and indicted by the grand jury for capital murder.Shields's blood alcohol concentration was 1.321%.

Anderson pled guilty in exchange for the Commonwealth's offer of fifteen years to an amended charge of first-degree manslaughter, a Class B felony.Under the plea agreement, Anderson was allowed an evidentiary hearing to determine whether she had been a victim of domestic violence or abuse.If so, she would be exempt from the more severe violent offender parole provisions.KRS 439.3401(4).Ordinarily, the violent offender statute would preclude Anderson from consideration for parole until Anderson had served 50% of her sentence; by its own terms, however, the statute does not apply to a "person who has been determined by a court to have been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard to the offenses involving the death of the victim or serious physical injury to the victim."KRS 439.3401(4).

Anderson claimed the exemption, and the trial court conducted an evidentiary hearing.To support her claim that she had been a victim of domestic violence or abuse, Anderson offered only the expert testimony of Dr. Anna Victoria Wilson, a professor of correctional services at Eastern Kentucky University, who holds a Ph.D. in counseling, psychology and sociology.

Dr. Wilson testified that Anderson told her that on the night that Shields was killed, she was sleeping and Shields grabbed and pulled her broken arm and began striking her around the arm and upper body.He ignored her plea for mercy and blocked the door to prevent her escape.After further imploring Shields to desist, Anderson told the doctor that she picked up an eight-inch surgical pin that lay on her dresser and stabbed Shields one time.He fell to his back and did not get up.She then called a friend.

Dr. Wilson, relying solely upon the information she obtained from Anderson and the court records, testified that Anderson suffered from "battered woman syndrome" as a result of her relationship with Shields, that she was a victim of domestic violence, and, in stabbing Shields, she acted in self defense.Her opinion was based upon Anderson's revelation that she was being abused by Shields on the night of the homicide and would have fled the apartment had Shields not been blocking the doorway and that she stabbed him with the surgical pin to escape further assault.

On cross-examination, the Commonwealth countered by pointing out that Dr. Wilson's testimony was based solely on interviews with Anderson and that Anderson was not a credible person and had manipulated Dr. Wilson with her version of the events that led up to the homicide.Evidence was introduced that Anderson had a criminal record dating back some fifteen years with six convictions, including a felony offense.The Commonwealth also called attention to Anderson's use of an extraordinary string of fourteen different aliases.Although Dr. Wilson was adamant in her belief that Anderson stabbed Shields only because he was beating her, the Commonwealth introduced photographs taken of Anderson showing no signs of having been beaten.Finally, the Commonwealth pointed out that Anderson had given three inconsistent stories about the homicide: first, she simply found...