Harris v. State

• Decision Date: 27 March 2003
• Docket Number: No. SC00-1598.,SC00-1598.
• Citation: 843 So.2d 856
• Parties: Roger Stewart HARRIS, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

843 So.2d 856

Roger Stewart HARRIS, Appellant, v. STATE of Florida, Appellee.

No. SC00-1598.

Supreme Court of Florida.

March 27, 2003.

James E. Taylor, Jr., Orlando, FL, for Appellant.

Charles J. Crist, Jr., Attorney General, and Barbara J. Yates, Assistant Attorney General, Tallahassee, FL, for Appellee.

PER CURIAM.

We have on appeal the judgment and sentence of the trial court finding Roger Stewart Harris guilty of first-degree murder and imposing the death penalty. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons expressed below, we affirm Harris's conviction but vacate his sentence of death and remand for a new penalty phase proceeding.

FACTS AND PROCEDURAL HISTORY

On Monday, December 7, 1998, the body of Donna Harris was discovered in her van which had been parked in a truck stop parking lot for several days. An autopsy revealed the cause of death to be a wound to the back of the head. Roger Harris (Harris), the victim's husband, had reported her missing on Friday, December 4, 1998. Harris quickly became a suspect in his wife's murder, and on January 22, 1999, was indicted for first-degree murder and conspiracy to commit first-degree murder.

The evidence presented at trial revealed the following facts: In late June 1998, Jennifer Palmer moved in with Roger and Donna Harris to care for the Harrises' two children. On July 3, 1998, Donna moved out of the house with the children apparently because Harris and Palmer had developed a sexual relationship. After the July 4 weekend, Donna returned home and ordered Palmer to leave. Palmer moved in with the Harrises' neighbors but continued to care for the Harris children for a little over a month. During this time, Harris and Palmer continued their sexual relationship. When Donna discovered that Harris and Palmer had continued their sexual relationship, Palmer was fired. At this point, Harris told Palmer he was going to leave his wife, and Harris and Palmer agreed to be married.

In mid-October, Harris told Palmer he decided not to divorce Donna because she had threatened to take their children to Kentucky so that he would never see them again. However, Harris and Palmer resumed their relationship after one week and continued to discuss marriage. In order to marry Palmer without divorcing Donna and risk losing his children, Harris told Palmer that he planned to kill Donna.

On December 2, 1998, Harris and Palmer discussed killing Donna. Palmer worked her shift at a local bar and after work called the Harris home two or three times but no one answered. Harris later called the bar and told Palmer, "I did it. I am washing my hands and I need you here." Palmer went to Harris's home and observed him cleaning some items for about fifteen minutes and disposing of several items into a black garbage bag. Harris placed the black garbage bag into Palmer's car and told her to throw it away. Harris also gave Palmer a white bag and instructed her to throw its contents into the water. Harris told Palmer the white bag contained a gun he made by welding pieces together. Palmer then left the Harris house in her car and pursuant to Harris's instructions, waited for him to pass her at the end of the road. Harris was driving his wife's van.

Palmer followed Harris to a truck stop, but she parked and waited at a nearby gas station. Palmer then moved her car to a nearby restaurant, and ten to fifteen minutes later Harris walked up to Palmer's car. As they drove towards Harris's home, Harris undressed and instructed Palmer to throw away his clothes. Harris told Palmer he was going to call the police the next day and report Donna missing. After dropping Harris off at home, Palmer dumped the items given to her by Harris at various locations in Columbia County. Palmer was arrested on December 7, 1998, and indicted for accessory after the fact to first-degree murder and conspiracy to commit first-degree murder. Palmer pled guilty to both charges and pursuant to the plea agreed to testify truthfully concerning her knowledge of Donna Harris's death.

On April 27, 2000, a jury found Harris guilty as charged. After penalty proceedings, the jury returned a recommendation of death by a vote of seven to five. Following the Spencer¹ hearing on June 9, 2000, the trial court sentenced Harris to death on June 23, 2000, finding two aggravating circumstances,² and considering three statutory mitigators³ and sixteen nonstatutory mitigators.⁴

Harris raises nine issues on appeal: (1) whether the trial court erred in allowing the State to introduce prior consistent statements; (2) whether the trial court erred in allowing the State's firearm expert to display a plastic replica of the murder weapon; (3) whether the trial court erred in admitting inflammatory photographs; (4) whether the trial court erred in finding the murder was committed for pecuniary gain; (5) whether the trial court erred in finding the murder was committed in a cold, calculated, and premeditated manner without any pretense of legal or moral justification; (6) whether the imposition of the death penalty in this case is proportionate; (7) whether the jury was misled as to the significance of its verdict; (8) whether Harris's death sentence is constitutional in light of the jury's seven-to-five vote; and (9) whether Florida's death penalty statute violates the Florida and federal constitutions.

GUILT PHASE

Admission of Prior Consistent Statements

First, Harris argues the trial court erred in admitting Palmer's prior consistent statements through the testimony of her friend, Shannon Harding. Harding testified over defense objection to statements Palmer made about her relationship with Harris and the plan to kill Harris's wife. On the issue of prior consistent statements, we recently said:

It is well established that prior consistent statements are generally not admissible to bolster a witness's testimony at trial. See Chandler v. State, 702 So.2d 186, 197 (Fla.1997). In order to be admissible, prior consistent statements, like any other hearsay statements, must qualify under a hearsay exception. See id. Otherwise, prior consistent statements can be admitted as nonhearsay "if the following conditions are met: the person who made the prior consistent statement testifies at trial and is subject to cross-examination concerning that statement; and the statement is offered to `rebut an express or implied charge... of improper influence, motive, or recent fabrication.'" Id. at 197-98; see also § 90.801(2)(b), Fla. Stat. (1995).

Bradley v. State, 787 So.2d 732, 743 (Fla.), cert. denied, 534 U.S. 1048, 122 S.Ct. 632, 151 L.Ed.2d 552 (2001). Thus prior consistent statements can be admitted as nonhearsay if two conditions are met. First, the person who made the prior consistent statement must testify at trial and be subject to cross-examination concerning the statement. This condition was met in this case because Palmer testified at trial and was subject to cross-examination. Second, and the point of disagreement between Harris and the State is that the statement must be offered to rebut an express or implied charge of improper influence, motive, or recent fabrication. The State argues that because Palmer admitted on cross-examination she was motivated to testify against Harris because she desired a favorable sentence, defense counsel "opened the door" to her prior consistent statements. We agree with the State.

During cross-examination, defense counsel questioned Palmer about the circumstances surrounding her trial testimony, asking, "And you understand or feel that you might could help your cause by helping the state prosecute Roger, do you not," to which Palmer responded, "Yes, sir." Defense counsel also asked, "Is it not true that you feel like in your mind the better job you do testifying, the better deal you will get when it comes time to be sentenced, when the number of years is determined," to which Palmer responded, "Yes, sir." Defense counsel's line of questioning was an attempt to show that Palmer was motivated to testify against Harris because she desired to obtain a favorable sentence from the State, and thus was sufficient to create an inference of improper motive to fabricate. See Foster v. State, 778 So.2d 906, 916 (Fla.2000); Rodriguez v. State, 609 So.2d 493, 500 (Fla.1992).

Harris claims, however, that Palmer was angry with Harris for failing to leave his wife, and because this motive existed before the statements were made to Harding, Palmer's prior consistent statements are inadmissible.

Palmer admitted on cross-examination that she felt sad and upset when Harris stated he was not leaving his wife. However, on direct examination Palmer testified Harris decided not to divorce his wife because he was afraid of losing his children, not because he no longer wished to marry Palmer. There is no indication in the record that Harris attempted a reconciliation with his wife or that Palmer believed Harris was ending their relationship to be with his wife. Harris and Palmer's plan was to kill Donna so that Harris could keep his children and marry Palmer. Therefore, we find no merit to Harris's argument that Palmer's motive to testify falsely existed before the statements were made to Harding.

Because Palmer's statements were made to Harding before Palmer's arrest, and therefore prior to the existence of a motive to fabricate, they were properly admitted. See, e.g., Anderson v. State, 574 So.2d 87, 92-93 (Fla.1991) (finding prior consistent statement admissible when defendant attempted to impeach witness by suggesting she fabricated her testimony after negotiating a favorable plea, because prior consistent statement was made before the plea agreement).

Admission of Plastic Replica of Murder Weapon

Next, Harris argues the trial court erred in allowing the State's firearm expert to display a plastic replica of the murder weapon. David Williams, an expert in firearms and tool mark identification,...