Hamilton v. State, 8 Div. 421

• Decision Date: 09 September 1986
• Docket Number: 8 Div. 421
• Citation: 520 So.2d 155
• Parties: Tommy HAMILTON v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 155

520 So.2d 155

Tommy HAMILTON v. STATE.

8 Div. 421.

Court of Criminal Appeals of Alabama.

Sept. 9, 1986.

As Corrected on Denial of Rehearing Jan. 27, 1987.

Barnes F. Lovelace, Jr., and Wesley M. Lavender, Decatur, for appellant.

Charles A. Graddick, Atty. Gen., and Rivard Melson and William D. Little, Asst. Attys. Gen., for appellee.

TAYLOR, Judge.

Appellant, Tommy Hamilton, was indicted by the Grand Jury of Lawrence County for the murder of Lehman Wood during the course of a robbery, a capital offense pursuant to § 13A-5-40(a)(2), Code 1975. He was subsequently convicted and was sentenced by the trial court, as recommended by the jury, to death by electrocution.

The record indicates that appellant was initially apprehended on the basis of information provided to Investigator James Farris by Randall Curry and Randy Mitchell. Curry testified at trial that he got off from work at approximately 5:00 p.m. on July 11, 1984, and that he and Randy Mitchell, a co-worker, drove south down Highway 33 to go to a bootlegger's house located "up the mountain" in the Bankhead National Forest. At the intersection of Highway 33 and Ridge Road he observed a blue Ford Maverick automobile stopped on the "cutoff road." An examination of photograph exhibits of the scene reveals that this cutoff road is a short spur off Ridge Road just as it intersects Highway 33. Because Ridge Road intersects at such a sharp angle to Highway 33, this cutoff was put in so that drivers heading south on Highway 33 would not have to negotiate an extremely sharp, apparently about 135 degree, turn to their right to get onto Ridge Road. Curry observed a woman sitting in the driver's seat of the blue Maverick, a woman sitting in the front passenger seat, and a child sitting in the back seat.

Curry and Mitchell went to the bootlegger's house and then left, traveling back to Highway 33 on Ridge Road. When they reached the road they again noticed the Maverick with the same occupants. Curry then turned onto Highway 33, heading north. They passed Lehman Wood, who was driving south. Soon after passing Wood, they decided that they wanted to turn around and head back into the forest to a hunting camp near the bootlegger's house.

After they turned around and headed south, they met the blue Maverick going north on Highway 33. It now, however, had three adults in the front seat. When they arrived at the cutoff, they found Lehman Wood's truck and then discovered his body and realized that he had been shot. They flagged down a passing motorist to send for law enforcement officers.

When Investigator Farris arrived at the scene, Curry described the Maverick and its occupants. From this description Farris determined that the persons in the car were Tommy Hamilton, Janice Glasco, and Debbie Hamilton. An all-points bulletin was issued on the Maverick and its occupants. At 7:00 p.m., police officers in Trinity located the car and its occupants at a convenience store. Appellant and Debbie Hamilton were observed using the phone. Backups were called, and appellant, his wife Debbie Hamilton, and his sister Janice Glasco, were arrested. Also in the car was Janice Glasco's seven-year-old son Jason.

When officers were placing the appellant and his wife in separate cars to be transported to the Lawrence County jail, appellant yelled to his wife, "Don't tell them a damn thing. Don't answer any questions."

Testimony was given which indicated that the victim was in the habit of carrying with him a quantity of money. He was observed the day before his murder and the day of it with a large roll of money, which included some $100 bills. When his body A search of Janice Glasco's purse after her arrest revealed $226.00, which included two $100 bills. A search of Debbie Hamilton revealed ten $100 bills and one $50 bill. Appellant had one $100 bill.

was searched, there was only some change in a front pocket.

Bloodstains consistent with the victim's blood type were found on the Maverick, on a bloody T-shirt found in the Maverick, and on the denim jeans worn by Debbie Hamilton.

Officers at the Lawrence County jail spoke to Jason Glasco and he directed them to the residence of Lucille Hamilton, appellant's mother. There, appellant's mother signed a consent-to-search form. Jason then led officers to a log, in some woods behind the house, under which was found a .30-30 rifle and a box of 30-30 ammunition.

A bullet derived from a test firing of this rifle was compared with a bullet found near the victim, and it was determined that both bullets were fired from a rifle with the same barrel characteristics. The bullet found at the scene, the bullet used in the test firing and the box of ammunition found with the rifle were all of the same brand of ammunition.

The victim died of a .30-30 gunshot wound to the neck and one to the chest. It was established that either wound would have been fatal. The .30-30 rifle which was found contained six rounds but when it was fully loaded would hold eight rounds.

At 5:00 p.m. on the date of his murder the victim had stopped at Smother's Store, south of Moulton. There he spoke to retired minister Jewel Dutton. He told Dutton that "Janice and them had had some car trouble up on the mountain," and that they had called him and wanted him to go out there.

Jimmy Dale Owens, a trusty at the Lawrence County jail, testified that while appellant was awaiting trial appellant confided in him that:

" ... When he got out of the truck I shot him. I shot him in the neck. It was a damn good shot, wasn't it?"

He also testified that appellant told him that after he shot the victim he had his wife and Janice Glasco drag the body out of the way. Appellant also said that Janice told him that she did not believe he was dead so he shot him again to make sure he was dead. Appellant told Owens that "The son-of-a-bitch deserved dying" and that he would do it again.

This testimony was supported by State's photograph exhibits which clearly show a blood trail where the victim was dragged across the road. The photographs also show blood splatters going up the grill of the truck, clearly indicating that the victim was in fact shot the second time after he was dragged across the road to the front of his truck.

At trial appellant took the stand in his own defense. His testimony established that he worked for the victim and that his sister dated the victim. On the day in question he did not go to work. He was drinking and taking pills and riding around with his sister, his wife, and his sister's son, Jason. He stated that he had some guns in the trunk of his automobile that he intended to sell and that he also had some beer in the trunk. He testified that his sister Janice called the victim because she wanted to spend the afternoon with him at Brushy Lake and have a few beers. They were to meet the victim at Ridge Road. Appellant testified that when they got to Ridge Road he hid the guns in the woods because he did not want the victim to ask for a beer and see the guns in the trunk. Appellant was on probation and he was afraid that the victim would turn him in.

Appellant testified that when the victim arrived, they got into an argument over what the victim had paid appellant when appellant had done work for him in the past. According to appellant, the victim told him that "a sorry son-of-a-bitch like you don't deserve no more." Then suddenly, according to appellant, the victim said, "I'll kill you" and put his hand in his pocket. Appellant testified that he ran into the woods, picked up the rifle, and shot the victim. He, however, could not recall shooting him a second time.

Appellant now appeals from his conviction and sentence of death.

I

Appellant contends that he was denied due process because the State failed to disclose certain evidence which he believes was exculpatory.

The first instance he complains of was that the State failed to disclose inconsistent statements made to the district attorney's investigator by Jason Glasco concerning the actions of appellant immediately prior to the death of Wood. Jason gave five interviews to Investigator Ed Weatherford of the district attorney's office. The first of these statements was taken the morning after the killing. It was as follows in the wording of Investigator Weatherford:

"Tommy shot Lehman twice. Debbie drug across road took money from Leman gave it to Tommy. Debbie got blood on her feet. She used Tommy's Budwiser shirt to pull him. Tommy was hiding in the woods he shot Leman once then shot him again. Mom, Debbie and Tommy were riding around in Mom's Lt. Blue Ford Maverick. Debbie had called Leman from a pay phone and told him to meet us in the Forrest. Me, Momma, Debbie, and Tommy rode to where you go hunting. Tommy got out of the car and hid in the woods. Leman drove up, Debbie told Leman the car was broke down. When Leman started to open the hood Tommy shot Leman. Debbie drug Leman across the road with Tommy's Budwiser shirt. She then got the money from Leman and gave it to Tommy. Debbie drove us off. We went to my Grandma Hamilton's house where Tommy hid the gun just across the fence. Debbie hid the Budwiser shirt there, too. Mama begged Tommy not to shoot Leman."

His second interview corresponded with the first interview. The third interview was taken on August 6, 1985. In it Jason stated:

"Well when we got up there Lehman drove up and he and Tommy had an argument and Tommy was afraid that he had a gun so Tommy went and shot him."

At the time of this interview Jason was living with his mother, who was out on bail. After the statement was made, Investigator Weatherford questioned him further and he acknowledged that this new version was a lie. This was the only time prior to trial that Jason's statement materially varied. At trial, however, Jason's testimony was corroborative of appellant's and corresponded with that portion of his third statement that he had acknowledged was a lie.

Pursuant to ...