Fields v. State, A--16507
| Decision Date | 26 July 1972 |
| Docket Number | No. A--16507,A--16507 |
| Citation | 501 P.2d 1390 |
| Parties | Herbert Claude FIELDS and Jimmy Louis Phillips, Appellants, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
This is a joint appeal from a joint conviction in the District Court of Oklahoma County, Oklahoma, in Case No. CRF--70--2375, wherein convictions were had for the crime of Rape in the First Degree, After Former Conviction of a Felony, in a two- stage proceeding and the jury assessed punishment at a term of 1,000 years.
We affirm.
On the trial, the prosecutrix, Karen Lee Kimbrought, a 28-year-old Caucasian female, testified that she was an employee of a German cosmetic firm and that she was visiting her parents in Norman, Oklahoma, and was in the company of her boyfriend, one Ralf Bottger. She testified that on the date in question, August 11, 1970, she and Ralf visited some friends in Oklahoma City and left by auto between midnight and 12:30 A.M. to return to Norman. She testified that they experienced battery trouble and three Negroes, two of them whom she identified in open court as the appellants, stopped and offered to help them.
The Negroes indicated they would take them to get a 'jumper cable' and as the couple got into the car, one of the Negroes invited them to have a beer and the five persons, the prosecutrix and her date, and the three Negroes proceeded to a tavern called 'The Place' at 16th and Miramar, arriving at approximately 1:15 A.M. The prosecutrix testified that there were approximately twenty customers present in the establishment, but that she and her boyfriend were the only Caucasians. Her testimony was to the effect that the group shared mixed drinks and that she was soon on a first name basis with the two defendants whom she knew at that time as 'Jim' and 'Charles,' and that the party remained at The Place for approximately two and one-half hours, leaving in the vicinity of 3:15 A.M. and returning to the stalled automobile.
The automobile would not start, and at the suggestion of one of the three Negroes, they proceeded east on 23rd Street to get a 'jumper cable' from one of the men's relative's gas station. The prosecutrix testified that she sat in the middle of the back seat with her date on one side and a Negro male on the other, while the other two Negroes occupied the front seat of the vehicle. She testified that after two turns, the automobile stopped and the defendant Fields wanted a push, so that everyone but the prosecutrix alighted from the car and pushed. At that point the automobile started and the two Negroes jumped in and closed the door, leaving her male companion outside of the automobile. She testified that her companion then jumped on the back of the car and Fields said to Phillips, 'Get the pistol out,' but that she never did see a gun.
She testified that after a short distance the automobile stopped, she jumped out of the car and tried to run, but was caught and dragged back to the car. The car started off again, her male companion hanging by his elbows from the driver's window and he was finally dislodged and the car drove on for approximately three minutes, at which point the vehicle stopped. She testified she was taken out of the car, raped successively by all three Negroes, who then drove off. She testified she started toward some lights, soon encountered her male companion and then proceeded to a farm house where the police were notified.
Dr. James Harlan Hart testified he examined the prosecutrix on August 12, 1970, at St. Anthony's Hospital and that his examination revealed that she, at that time, was wearing torn clothing, that she had abrasions on the right side of her neck, the left knee and lower leg, and over the right eye. He noted there were no tears of the pelvic area, that he did find live sperm in the vagina, and that she was almost to the point of hysterical shock.
The testimony of her male companion did not differ substantially from that of the prosecutrix, except that he did not testify concerning any of the events between the time he was dislodged from the moving vehicle and the time he again encountered Karen after the Negroes had driven away.
Officer Blair of the Oklahoma City Police Department testified he conducted an investigation of the matter and had photographs taken of the victim at the police station. He also gave defendant Fields' age as 30, and defendant Phillips' age as 22. The State rested its case.
For the defendants, Mary Sue Campbell testified that she was 25 years old, lived at 1211 N. Geary, and was Phillips' girlfriend. She testified that on the evening in question, Fields and Phillips came to her house at approximately 6:30 P.M., visited for awhile, and that she then accompanied them as they drove around, got some beer, returned to her house and played some music. She testified that at approximately 2:00 A.M., she, Frank Brown, and the two defendants went to 'The Spot' where they stayed until approximately 3:00 A.M. She also stated that Fields then drove her and Phillips to his home at 415 Eleventh Street and left them. She testified she stayed the rest of the night at Phillips' residence, leaving at approximately 7:00 A.M. She was able to fix the date as August 11, because she was supposed to go to school that day.
Sandra Jean Walker testified that she was Mary Sue Campbell's sister and was home on the evening in question and saw the two defendants at that place. She stated they stayed until it was 'pretty late.'
Jimmy Louis Phillips testified on his own behalf that on the evening in question, he and Fields went to Mary's house at approximately 6:30 P.M., and that he, Frank Brown, Mary and Fields went out and got some beer, returned to Mary's house and stayed until approximately 3:00 A.M., when Fields drove him and Mary to Phillips' house and left them there. He stayed at Mary's, spent the night there, and he denied having seen the prosecutrix prior to the preliminary hearing, denied being with her, denied ever having seen or been with the German boy any time on August 12.
Herbert Claude Fields testified in his own behalf that on the evening in question, he and Phillips were visiting at Mary Campbell's house with several others. His testimony was substantially the same as that of Phillips, with the added factor that he admitted ownership of a 1960 white Oldsmobile registered in his name. He denied having been at 'The Place' club on August 11 or the 12th and denied having told one Officer DeLaughter that he had been at the 'Top Hat Club' and the 'Razz Club' on the night in question.
On rebuttal for the State, Officer DeLaughter testified that he talked to Fields at the Oklahoma City jail on August 12th, 1970, and that after giving the Miranda warning, Fields denied the rape and told DeLaughter that he had been at the 'Razz Club' and the 'Top Hat Club' on the evening in question.
Officer Cooper testified that on August 12, 1970, he was riding patrol and that at approximately 1:30 A.M. he noticed a car stalled at 23rd and Bryant occupied by a white male and female. He testified that he saw three Negroes drive up in a white Oldsmobile and offer help. Soon all five got into the Oldsmobile and drove off, at which point the officers fell in behind and followed the Oldsmobile until they discovered it parked at 'The Place' at 16th and Miramar. The Olds registration checked to a Herbert Claude Fields at which point Officer Cooper called for other officers to go inside 'The Place.'
Jess W. Stewart testified that he was a patron at 'The Place' at approximately 3:00 A.M. on the morning in question. He stated that while there he saw the two defendants in company with persons named 'Karen' and 'Ralf' and that he saw them leave together. He also admitted two previous felony convictions.
Officer Harper of the Oklahoma City Police Department testified that he was called and went to 'The Place' at 16th and Miramar at approximately 1:30 A.M. on August 12, 1970. He testified that upon entering the club, he saw the defendants seated in a booth with several other...
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