Ex Parte Belisle

• Citation: 11 So.3d 323
• Decision Date: 03 October 2008
• Docket Number: 1061071.
• Parties: Ex parte Rick Allen BELISLE. (In re Rick Allen Belisle v. State of Alabama).
• Court: Supreme Court of Alabama

11 So.3d 323

Ex parte Rick Allen BELISLE (In re Rick Allen Belisle v. State of Alabama).

1061071.

Supreme Court of Alabama.

October 3, 2008.

Rehearing Denied December 31, 2008.

Randall S. Susskind and Charlotte R. Morrison, Equal Justice Initiative of Alabama, Montgomery, for petitioner.

Troy King, atty. gen., and Thomas R. Govan, Jr., and J. Clayton Crenshaw, asst. attys. gen., for respondent.

SEE, Justice.

Rick Allen Belisle was convicted of the capital offenses of murder committed during the course of a robbery, see § 13A-5-40(a)(2), Ala.Code 1975, and murder committed during the course of a burglary, see § 13A-5-40(a)(4), Ala.Code 1975, and was sentenced to death. The Court of Criminal Appeals affirmed his conviction and sentence. Belisle v. State, 11 So.3d 256 (Ala.Crim.App.2007). Belisle subsequently petitioned this Court for the writ of certiorari, and we granted certiorari review to address whether the decision of the Court of Criminal Appeals conflicts with Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972), Ex parte Johnson, 507 So.2d 1351 (Ala.1986), and Cochran v. Ward, 935 So.2d 1169 (Ala.2006). We also granted the writ to address whether Alabama's method of execution is cruel and unusual. After reviewing the record and the briefs of both parties, we determine that the decision of the Court of Criminal Appeals does not conflict with prior caselaw, and we conclude that Alabama's lethal-injection protocols do not violate the Eighth Amendment to the United States Constitution.

Facts and Procedural History

On May 19, 1999, Joyce Moore, a cashier at the T & J Kwik-Mart convenience store in Boaz, was bludgeoned to death with a six-pound can of peas and with a metal pipe.¹ State investigators arrested Belisle and Annette Belisle, Belisle's wife, and charged Annette with capital murder and held Belisle on outstanding traffic warrants. Annette and Belisle were both eventually indicted on two counts of capital murder.²

According to Belisle, investigators interrogated Annette on separate occasions over three days and obtained five separate inconsistent statements. Also according to Belisle, the State negotiated a plea agreement with Annette because those statements were illegally obtained and thus inadmissible at her trial. The State subsequently offered Annette a plea agreement in which she would serve a 15-year sentence, without the possibility of parole, in exchange for her testimony at Belisle's capital-murder trial. The agreement was memorialized (hereinafter "the proffer") and provides:

"Annette Belisle is expected to cooperate fully in all continuing facets of the investigation and prosecution of Rick Belisle for the Capital Murder of Joyce Moore on or about May 19, 1999 at [the T & J Kwik-Mart convenience store] in Boaz, Alabama. [Mrs.] Belisle will be required to testify fully and truthfully at the trial of Rick Belisle. [Mrs.] Belisle has given several statements to law enforcement officials regarding this case. [Mrs.] Belisle agrees that her final statement given on June 14, 1999 to Investigator Bill Strickland was truthful and that the truth is as follows:

"Prior to May 19, 1999 Annette and Rick Belisle were virtually destitute, having no money to get their van out of impound and to finance their planned trip to Missouri.

"In order to remedy this situation, Rick Belisle proposed to `rob' (technically, burglarize) the [T & J Kwik-Mart convenience store] where Annette Belisle had been previously employed.

"Prior to the murder, Rick Belisle had indicated his intentions to burglarize [the T & J Kwik-Mart convenience store] to Annette Belisle.

"Rick Belisle had specifically communicated that he intended to burglarize the store on the evening of May 19, 1999.

"Rick Belisle had either asked for, or obtained from Annette Belisle, the combination to the store's ([T & J Kwik-Mart convenience store]) safe and the number to the store's alarm system.

"Annette Belisle was privy to this information (the combination to the store's safe and the number to the store's alarm system) by virtue of her former employment with this entity.

"Annette Belisle provided this information to Rick Belisle as per his request by writing it down for him.

"At Rick Belisle's instruction, Annette Belisle distracted Joyce Moore on May 19, 1999, while Rick Belisle concealed himself in the back of the store, in furtherance of their plan to burglarize the store.

"In accordance with the plan, Annette Belisle left the store at approximately 10:50 p.m. on May 19, 1999.

"Annette Belisle arrived home by 11:05 p.m.

"Rick Belisle returned to the residence they shared at approximately 12:30 a.m.

"Testify as to Rick's appearance and the amount of money in his possession upon his return from the murder. (Approximately $898.00 and some change.)

"Rick Belisle's initial statement upon arriving home after the murder `I think I killed her, Annette.' (in reference to victim, Joyce Moore, cashier/clerk of the [T & J Kwik-Mart convenience store])

"Annette Belisle witnessed Rick Belisle cut up coin wrappers that contained change stolen from T & J's and flushed them down the toilet in their residence.

"Rick Belisle confessed to hitting Joyce Moore eight times in [the] head with a can of food and also to repeatedly beating her about the head with a table leg or metal pole.

"Rick Belisle described the victim choking on her own blood as he beat her.

"Rick Belisle admitted to wearing latex gloves, during the murder, that he claimed to have obtained from inside the store to comprise [sic] his fingerprints.

"Annette Belisle counted the proceeds from the robbery and counted approximately $898.00 in paper currency and approximately $70.00 in change and Rick bought concert tickets with $40.00 in quarters.

"Annette Belisle was asked by Rick Belisle to see if he had blood in his hair while he was taking a bath subsequent to the murder.

"Following the murder—the couple fled to Missouri where they stayed with a friend of Annette Belisle's.

"Annette Belisle agrees to testify where the proceeds of the robbery were spent.

"Annette Belisle reaffirms the truth of the above portions of her earlier statement. Should Annette Belisle lie, fail to cooperate, or fail to fulfill fully any of the conditions of her plea agreement in any way, the agreement will be void, as will Belisle's guilty plea, and the charge of capital murder, set forth in the original indictment against her, will be reinstated and all of her statements will be used against her in court (subject to constitutional challenges). It shall be unacceptable and a violation of the terms of this agreement for Annette Belisle to `forget' or `fail to recall' testimony previously provided and/or mentioned specifically herein."

(Emphasis in original.) Annette, however, successfully withdrew this plea, and the State offered her a new plea agreement, which provided that Annette would receive a 20-year sentence and that the State would remain silent regarding the possibility of parole.

The case against Belisle proceeded. Before his trial, Belisle moved the trial court "for an order directing the State to reveal the identity of all confidential informants, to reveal any promises or understand[ings] (explicit or implicit) with any witness or informant, and to reveal whether any threats or inducements of any nature whatsoever have been made regarding any witness or informant." The State, however, did not provide the defense a copy of the proffer from Annette's original plea agreement. It was not until the eighth day of trial, the third day of the defense's cross-examination of Annette, that, through Annette's testimony, Belisle discovered the existence of the proffer.

Belisle immediately moved the trial court to strike Annette's testimony and for a mistrial based on the fact that the proffer had not been disclosed. The trial court denied both motions, and, in doing so, stated:

"The Court finds, number one, that there was no prosecutorial misconduct or intent on the part of the prosecutors to hide [the proffer] from the defense. Number two, the Court denies the mistrial. And, number three, the Court finds that this document, on its face, is beneficial to the defendant and could be used to [his] benefit in this trial. So it really wouldn't—I mean, to order a mistrial, I don't think—I don't think you are prejudiced any by the document being produced at this—at this hour."

Although the trial court did not grant Belisle's motions, the proffer was admitted into evidence, and Belisle cross-examined Annette using the document.

Belisle also made a pretrial motion in which he asked the trial court to exclude any mention of alleged prior bad acts, specifically, any allegations of spousal abuse. The trial court decided, and the State agreed, that the State would not present evidence relating to any prior criminal history or bad acts, or any instances of spousal abuse, absent notice to and a decision from the trial court. However, one of the State's exhibits included a fingerprint card that bore Belisle's name and fingerprints. It stated that the charge for which the fingerprint card had been issued was "`Harassment (DV)'" and that the "`date of offense [was] "01-02-99."'" Belisle, 11 So.3d at 289. Belisle did not object to the introduction of the fingerprint card.

Belisle argued at trial that the State could not prove its case beyond a reasonable doubt "because its main witness, Annette Belisle, was testifying in order to gain her freedom." Petition at 5. The defense also cast blame for the murder on Annette and presented the testimony of three inmates who had been incarcerated with Annette: Kitty Hyatt, Valerie Wheeler, and Juanita Pitts. Kitty Hyatt testified that Annette said she was present at the murder but that she did not strike the victim initially. Valerie Wheeler testified that she overheard Annette say that Annette had hit the victim with a can of peas and that...