Fritz v. State

• Decision Date: 15 May 1991
• Docket Number: No. F-88-892,F-88-892
• Citation: 1991 OK CR 62,811 P.2d 1353
• Parties: Dennis Leon FRITZ, Appellant, v. STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 1353

811 P.2d 1353

Dennis Leon FRITZ, Appellant, v. STATE of Oklahoma, Appellee.

No. F-88-892.

Court of Criminal Appeals of Oklahoma.

May 15, 1991.

Rehearing Denied July 5, 1991.

An Appeal from the District Court of Pontotoc County; Ronald L. Jones, District Judge.

Dennis Leon Fritz, Appellant, was tried by jury and convicted of Murder in the First Degree (21 O.S.1981, § 701.7) in Case No. CRF-87-90, in the District Court of Pontotoc County. The jury recommended life imprisonment and the trial court sentenced accordingly. From this judgment and sentence Appellant has perfected this appeal. AFFIRMED.

Rolando Davila, Cole, Huff & Davila, Oklahoma City, for appellant.

Robert H. Henry, Atty. Gen., A. Diane Hammons, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

LUMPKIN, Vice-Presiding Judge:

Appellant Dennis Leon Fritz was tried by jury and convicted of Murder in the First Degree (21 O.S.1981, § 701.7) in Case No. CRF-87-90, in the District Court of Pontotoc County. The jury recommended life imprisonment and the trial court sentenced accordingly. From this judgment and sentence Appellant has perfected this appeal. We affirm.

On December 8, 1982, twenty-one (21) year old Debbie Carter was found dead in her garage apartment in Ada, Oklahoma. ¹ She was discovered by her father who had come to check on her at her mother's request, fearing that something might be wrong. Walking up the stairs to the second floor apartment, Mr. Carter observed glass covering the landing and the screen door and front door standing wide open. Walking through to the bedroom, he found Debbie's body laying face down on the floor with a washcloth stuck in her mouth. The police were called and the investigation into the murder began.

Detective Dennis Smith, Ada Police Department, was among the first to arrive at the scene and found that the apartment showed signs of a struggle. Broken glass was found on both the inside and outside of the front door. In the living room, the sofa cushions and a nightgown were on the floor. On the wall, written in what was later determined to be fingernail polish, were the words "Jim Smith next will die". On top of the kitchen table was written "don't look fore us or ealse" (sic). Approaching the bedroom, he saw the bed blocking the entry into the room. The room was in complete disarray with clothing, sheets, blankets and stuffed animals on the floor. Debbie Carter's body, nude except for a pair of white socks, was on the floor between the bed and the wall. Written on her back in catsup were the words "Duke Graham". Written on her chest in fingernail polish was the word "die". A blood soaked washcloth was stuffed into her mouth and down her throat. Underneath the body was an electric cord and a belt. The bathroom, connected to the bedroom, showed no signs of a disturbance.

The results of an autopsy, performed on December 9, 1982, by Fred Jordan of the Medical Examiner's Office showed numerous bruises on the decedent's face, arms and body, several of which were defensive wounds. Small puncture wounds were also discovered on her nose and cheeks. The inside of her lips and mouth were cut and a semi-circular ligature mark was found on her neck. An internal examination revealed internal bruising and a small metal bottle cap inside her rectum. The cause of death was found to be suffocation as a result of the washcloth in her mouth and the ligature tightened around her neck.

In his own defense, Appellant denied any participation in the murder and any knowledge of the decedent. The defense presented its own hair expert, Richard Bisbing, who testified that he examined hair evidence supplied by Melvin Hett, forensic chemist with the Oklahoma State Bureau of Investigation (OSBI). Bisbing's analysis revealed only two hairs consistent with those of Appellant.

Further evidence will be addressed in Proposition Number 3 concerning the sufficiency of the evidence.

In his first assignment of error, Appellant alleges that the State's intentional withholding of requested exculpatory evidence denied him a fair trial under the standards set forth in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The record reflects that Appellant filed a pre-trial motion for production of evidence requesting all written statements, all evidence receipts, all investigative reports, the results of any lie detector tests and "any other information contained in the State's file which concern this case." (O.R. 119) The trial court sustained the motion ordering the State to produce 1) all written statements taken under oath or statements of any type which contain exculpatory information; 2) all evidence receipts for evidence taken during the investigation; 3) all technical reports of investigation now in the State's possession or to come into the State's possession; 4) the results of any and all lie detector tests given during this investigation. (O.R. 148) Appellant argues the State failed to comply with the court's order by withholding evidence of co-defendant's Ronald Williamson's prior attack on Andrea Cooper Hardcastle, denying defense counsel access to a video taped statement of Appellant and withholding a report prepared by Melvin Hett on hair evidence.

To establish a Brady violation a defendant must establish that the prosecution suppressed evidence that was favorable to him or exculpatory and that the evidence was material. United States v. Conner, 752 F.2d 504, 506 (10th Cir.1985); Gates v. State, 754 P.2d 882, 886 (Okl.Cr.1988); Hall v. State, 650 P.2d 893, 897 (Okl.Cr.1982). A finding of materiality is required under Brady. Giglio v. United States, 405 U.S. 150, 154, 92 S.Ct. 763, 766, 31 L.Ed.2d 104 (1972); Irvin v. State, 617 P.2d 588, 594 (Okl.Cr.1980). Materiality turns on the specific circumstances surrounding the alleged Brady violation. In United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 3375, 3384, 87 L.Ed.2d 481 (1985), the Supreme Court established a single test for materiality in those cases where the defense makes a specific request, a general request or no request for Brady material:

The evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A 'reasonable probability' is a probability sufficient to undermine confidence in the outcome.

To find reversible error, the Appellant must meet the burden of showing 1) the prosecution has actually suppressed evidence after that evidence has been requested by the defense; 2) the evidence was favorable to Appellant's defense; and 3) the evidence is material either to the guilt of Appellant or to his punishment. Lay v. State, 752 P.2d 823, 826 (Okl.Cr.1988), citing to Moore v. Illinois, 408 U.S. 786, 92 S.Ct. 2562, 33 L.Ed.2d 706 (1972).

Appellant's defense at trial was that Ronald Williamson acted alone in the murder of Debbie Carter. Therefore, evidence that Williamson had committed the same type of offense in the past, as illustrated by his attack on A.H., was material information which, Appellant argues, he was entitled to and was necessary to adequately cross-examine the investigative officers into why they focused attention on Appellant. We disagree.

The record shows that A.H. was endorsed as a witness on September 21, 1987, approximately seven (7) months prior to trial. (O.R. 142) Although listed as A.C., her address was given as Durant Hospital, Durant, Oklahoma. The evidence of the attack suffered by A.H. at the hands of Williamson, a report prepared by OSBI detectives, was turned over to the defense at the sentencing hearing and made a part of the record as Defendant's Exhibit No. 3.

The State did not err by failing to turn over the report as it did not fall into any of the categories of evidence ordered by the court to be turned over to the Appellant prior to trial. It was not a sworn statement nor a technical report. Neither was it exculpatory to Appellant as it illustrated only Williamson's violent tendencies toward women. Rather, it was a report prepared by the OSBI as part of their investigation and was therefore the work product of the State. Appellant is not entitled to discovery of the State's work product. Stafford v. District Court of Oklahoma County, 595 P.2d 797 (Okl.Cr.1979); State ex. rel. Fallis v. Truesdell, 493 P.2d 1134 (Okl.Cr.1972). There is no constitutional requirement that the prosecution make a complete and detailed accounting to the defense of all police investigation on a case. Winterhalder v. State, 728 P.2d 850, 852 (Okl.Cr.1986).

Further, the report was not material to Appellant's defense as it was cumulative of the first stage testimony of L.C. L.C. testified that Williamson, accompanied by Appellant, visited her home several times late at night. She stated that the actions of the two men and the way they talked scared her. She told them several times not to come back to her home and was finally forced to show them a gun in order to persuade them to stop bothering her.

Appellant's argument that the evidence was necessary to cross-examine the investigative officers is untenable. Agent Rogers testified on direct examination that his investigation initially lead to Williamson and to information concerning a relationship between Appellant and Williamson. The existence of a report concerning Williamson's violent past would not have furthered Appellant's cross-examination of Rogers.

Based upon the foregoing, we do not find error in the State's failure to turn over the report concerning Williamson's attack on A.H. as such report was not exculpatory and production could not have substantially affected the outcome of the trial.

Appellant also alleges error in the failure of the State to turn over the report of Melvin Hett, dated April 7, 1988. During the sentencing hearing, the prosecutor stated that he did not receive the report until the Williamson trial, which occurred...