Francis v. State

• Decision Date: 20 December 2001
• Docket Number: No. SC94385.,SC94385.
• Citation: 808 So.2d 110
• Parties: Carlton A. FRANCIS, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

808 So.2d 110

Carlton A. FRANCIS, Appellant, v. STATE of Florida, Appellee.

No. SC94385.

Supreme Court of Florida.

December 20, 2001.

Rehearing Denied February 11, 2002.

Peter Grable, West Palm Beach, FL, for Appellant.

Robert A. Butterworth, Attorney General, and Curtis M. French, Assistant Attorney General, Tallahassee, FL, for Appellee.

PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Carlton Anthony Francis. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons detailed below, we affirm Francis' convictions and death sentences.

FACTS

On July 24, 1997, Claire Brunt and Bernice Flegel, 66-year-old twin sisters, were found dead with multiple stab wounds in their West Palm Beach home. Both women were widows and had lived together since 1983. The defendant, Carlton Francis, 22 years old at the time of the events, lived next door to the victims with his mother, Eleanor Goods. The defendant's 8-year-old nephew, R.G., his 14-year-old nephew, G.G., and his elderly aunt also lived in the house with Francis and his mother. Mrs. Goods and the deceased twin sisters were good friends who would frequently go to garage sales together. In addition, Mrs. Flegel and Mrs. Brunt would often provide Francis rides to school or to pay bills. They would also permit him to change the oil in their 1980's tan Pontiac Grand Prix.

Susan Wood, Mrs. Brunt's adult daughter, testified that she remembered being at her mother's house on one occasion when Francis approached the house, and looked through the vertical blinds draping the front window. Susan explained that Francis studied the inside of the house for a few minutes and finally proceeded to the door. She remembered that he engaged in similar behavior on another occasion.

The evidence introduced at trial established that between 11 a.m. and 12 p.m. on the day the bodies of the twin sisters were discovered, Susan telephoned her mother to inquire whether she and her aunt would be home between 3 p.m. and 4 p.m. that day because Susan had planned to visit.

Earlier that morning, the neighboring children, R.G. and G.G., were swimming in the pool located in Francis' backyard and observed Mrs. Brunt, in her backyard, who waved to the children. The defendant walked out of the house and into the pool area carrying a green duffle bag on his shoulder. R.G. observed what he described as a silver pipe sticking out of the bag. Francis told the children that he was going to play basketball and he then reentered the house.

Later, after the swimming activity had ended, R.G. went to the front yard to ride his bicycle. While riding his bike, he saw Mrs. Flegel walk out to her front yard and retrieve a newspaper from a recycling bin. Thereafter, while riding his bike, R.G. saw Francis leave his home through the front door wearing a white T-shirt and blue shorts and carrying the green duffle bag that R.G. had seen him with earlier. The young boy noticed a dark red spot on Francis' T-shirt near the shoulder as he watched his uncle walk away in the direction of the victim's home. Later that day, the defendant called R.G. and asked him if he had seen what was inside the green duffle bag. R.G. responded that he had not. R.G. was still out riding his bike when he saw Susan and her son arrive at the victims' home.

Mrs. Brunt's adult daughter and eight-year old grandson arrived at the home of the deceased twins between 3 p.m. and 4 p.m. When she arrived, she realized the car that the victims shared was not parked in the carport as was usually the case. As she reached the front door, she realized that the door was ajar. When she walked in, she noticed her mother sitting in a chair immediately next to the front door with her back facing the door. Once she approached her mother, she realized that her mother's necklace was wrapped tightly around her neck and that blood was dripping from her neck; she was not breathing. Susan turned to walk toward the phone to call for help and then noticed her aunt lying face down in the kitchen in a pool of blood. She called the police, who arrived shortly after 4 p.m.

In a back bedroom of the home, police found a metal box that had been forcibly opened. According to Kerry Cutting, Mrs. Flegel's adult daughter, her mother had been in possession of this metal box for many years. Inside the box, Mrs. Flegel had kept insurance papers, a passport, turn-of-the-century coins and two gold pocket watches, one with an elaborate scroll pattern on the outside. The box was empty with the exception of a small case containing a ring band. Other missing items included a heart-shaped locket; at least one gold chain; and a small black radio. No large items were missing from the home.

Charles Hicks, Jr., also known as C.J., lived approximately four miles from the victims with his wife Sally and several nieces and nephews.¹ C.J. met Francis approximately one year prior to these July 1997 events when Francis had paid him to change a tire on his car. Although C.J. worked as a mechanic and in construction at times, he was also involved with drugs. C.J. testified that he had sold Francis heroin on as many as ten different occasions. According to Sally's testimony, C.J. had been in the house with her the entire morning and early afternoon of July 24, 1997.

At approximately 3:40 p.m. on that date, C.J. saw Francis exit a vehicle he described as a 1980's brown or beige Pontiac Grand Prix. Francis parked the car in the alley behind the church and was carrying a green duffle bag over his shoulder. C.J. also saw Francis holding a pair of what appeared to him to be gardening gloves. Francis walked over to C.J.'s house, entered the house, sat on the couch with Sally, and watched television. While he was watching television, a news bulletin was broadcast concerning the discovery of the bodies of the twin sisters. According to Sally's testimony, Francis just stared at the television set and did not have any reaction. Although the record is not clear as to whether Francis bought heroin immediately upon arriving at C.J.'s house, it is clear that Francis bought $10 worth of heroin from C.J. that afternoon.

After the news bulletin appeared, Francis asked C.J. to lend him a wheelbarrow and gasoline. Francis was seen placing "some stuff" in the wheelbarrow and attempting to burn it. One of the items C.J. observed in the fire was a ladies' white pocketbook, containing $22 or $23. Something that appeared to be a passport was also in the wheelbarrow along with articles of clothing, as well as the green duffle bag C.J. had seen Francis carrying when he exited the Pontiac. After attempting to burn the items, Francis was seen dumping the remaining contents of the wheelbarrow in a trash pile across the street from C.J.'s house.

During that same afternoon, C.J. saw Francis holding car keys with a leather strap attached to the key chain. Mrs. Flegel's daughter testified that her mother's key chain was a leather strap with a block letter "B" on it. The keys to the victims' car were found within the pile of burned debris. The vehicle in which Francis had arrived was found only a couple of blocks away.

Shortly before 7 p.m., Francis walked up to the cab stand on Tamarind Avenue to summon a ride.² A taxi driver testified that he transported Francis back to his neighborhood and Francis exited the taxi at the corner near his house because police cars were blocking the area.

Detective Wills, who was directing the early stages of the investigation, saw Francis arrive at approximately 7:25 p.m. Francis walked straight ahead and then turned and walked up his driveway and directly into the front door of his home. Both Detective Wills and Susan Wood's husband testified that the defendant never turned to look over to the victims' home where crime-scene tape still surrounded the area. At this time, Francis was wearing a light blue Orlando Magic tank top, blue faded denim shorts, and white Reebok sneakers.

Detective Wills walked over to Francis' house and was invited in by the defendant's mother. Detective Wills extended his hand to shake hands with Francis but Francis looked startled and swayed back. Detective Wills explained that he was investigating the murder of Francis' next door neighbors. The defendant stated that he already knew about it because he had seen the news bulletin on television. Detective Wills then advised, "I understand you were home earlier," and Francis inquired how the detective knew that information. When Wills answered that Mrs. Goods had mentioned it, Francis turned to his mother and said, "Mama, why did you tell him that?" Detective Wills then asked Francis where he went after leaving his house, to which Francis responded that he had gone to his friend Ghandi's house. Detective Wills inquired further as to where Ghandi lived and Francis responded that Ghandi lived in the neighborhood. Francis provided no details as to who Ghandi was or exactly where he lived. Francis then stated that he did not want to be the next victim and that he did not want to become involved; he proceeded to walk away leaving Detective Wills standing in the middle of the living room.

The detective left Francis' home and approximately one-half hour later he observed Francis walking out of his house carrying three garbage bags. Detective Wills inquired as to where Francis was going, to which Francis responded that he was going to leave for safety reasons. A few seconds later he added that his mother had thrown him out of the house.³ While Francis was standing outside his home, Detective Wills asked Francis if the clothes he was then wearing were the same clothes he had been wearing when he left the house in the morning, to which Francis responded affirmatively. Francis' mother, who was standing nearby, interjected and said, "Don't you lie. You weren't wearing those clothes earlier. You told me you got those from a friend." Francis then...