Hart v. State

• Citation: 852 So.2d 839
• Parties: Geramie Raquell HART v. STATE of Alabama.
• Decision Date: 22 November 2002
• Court: Alabama Court of Criminal Appeals

852 So.2d 839

Geramie Raquell HART v. STATE of Alabama.

CR-00-2507.

Court of Criminal Appeals of Alabama.

November 22, 2002.

Rehearing Denied January 24, 2003.

Mariellen Morrison, Birmingham, for appellant.

William H. Pryor, Jr., atty. gen., and Jean A. Therkelsen, asst. atty. gen., for appellee.

COBB, Judge.

Sixteen-year-old Geramie Raquell Hart and his girlfriend and codefendant, Ashley Jones, planned and executed a grizzly crime that involved the murders of two members of Ashley's family and the attempted murders of two additional members. Following a jury trial, Hart was convicted of two counts of capital murder, § 13A-5-40(a)(2) and (a)(10), Ala.Code 1975, and two counts of attempted murder, §§ 13A-4-2 and 13A-6-2, Ala.Code 1975. He was sentenced to life imprisonment without parole for each capital-conviction, and he was sentenced to life imprisonment for each attempted murder conviction. All sentences were ordered to run consecutively. This appeal follows.

Although Hart does not challenge the sufficiency or weight of the evidence, a brief recitation of the facts adduced at trial is helpful to an understanding of the case. Geramie Hart, who celebrated his 16th birthday a few weeks before these crimes, and his 14-year-old girlfriend, Ashley Jones, apparently planned to kill members of Ashley's family because her family did not approve of Ashley's relationship with Hart. Ashley and her 10-year-old sister, Mary Jones, lived with their grandparents, 76-year-old Deroy Nalls and 75-year-old Mary Nalls. One of Deroy and Mary's daughters and Ashley's aunt, 30-year-old Millie Nalls, also lived in the house.

Late in the evening on August 29, 1999, Deroy was in the den watching television. His wife, daughter, and younger granddaughter were asleep in their rooms. Ashley let Hart into the house; he was armed with Deroy's .38 caliber pistol, which Ashley had given him earlier. Ashley and Hart entered the den, and Hart shot Deroy twice in the face. Deroy did not die immediately; he stumbled toward the kitchen. Ashley and Hart then entered Millie's bedroom and shot her three times. She survived the gunshots, and they then hit her with portable heaters, stabbed her in the chest, and set her room on fire. The pair next entered Mary Nalls's bedroom and fired the last bullet from the gun into her shoulder. Hart was wearing a bandana over his face, but Ashley's grandmother recognized him. Hart also identified himself to Mrs. Nalls.

Ashley and Hart returned to discover that Deroy was still alive. Hart hit him with various objects and stabbed him repeatedly, leaving the knife in his back. Ashley poured charcoal lighter fluid on her grandfather and set him on fire. Ashley's sister, Mary, woke up and Ashley led her into the kitchen area. She saw her grandfather on the floor of the den; he was on fire but still alive, Mary said. Hart forced Deroy Nalls to disclose where he kept his money, and after Mr. Nalls complied, Hart stabbed him in the throat. Mrs. Nalls who survived after being stabbed, could not remember whether Hart or Ashley had stabbed her. Ashley poured the charcoal fluid on Mrs. Nalls, then they set her on fire. Ashley and Hart watched Mrs. Nalls burn, and Hart urged Ashley to pour more of the flammable liquid on her. Mary Jones attempted to leave the kitchen, but Ashley grabbed her sister and began hitting her. Hart pointed the gun at the 10-year-old and said, "This is how you are going to die." (R. 686.) Ashley said, "No, let me do it," and stabbed her sister 14 times. Hart and Ashley piled sheets, towels, and paper on the floor and set the pile on fire.

Hart and Ashley took $300 that was hidden beneath Deroy and Mary Nalls's mattress and drove away in the Nallses' vehicle. Mary Jones, who had pretended to be dead, helped her grandmother out of the house and contacted others for assistance.

The coroner determined that Deroy and Millie Nalls died from the stab and gunshot wounds they sustained. He testified that both victims suffered greatly from their wounds before they died. Mary Jones was treated for the numerous stab wounds Ashley inflicted. Mary Nalls, who sustained burns to 35% of her body, was taken to a burn unit, where she was also treated for the gunshot and stab wounds she suffered. She was hospitalized for weeks, received skin grafts, and underwent extensive rehabilitative therapy.

Hart and Ashley Jones were arrested the next morning in a hotel room. The Nallses' vehicle was in the parking lot of the hotel. Hart and Jones gave voluntary statements describing their involvement in the murders and attempted murders of Jones's family members.

I.

Hart first argues that the trial court erred when it denied his second motion for a continuance. In his motion to continue, defense counsel argued that he was not prepared for Hart's trial because he had been involved in another capital-murder trial the week before. This Court has previously discussed review of a trial court's denial of a request for a continuance:

"`The trial court has broad discretion in granting a continuance when the basis for the motion is that counsel has not had sufficient time to prepare or to develop his defense. Godfrey v. State, 383 So.2d 575, 577 (Ala.Cr.App.), cert. denied, 383 So.2d 579 (Ala.), cert. denied, 449 U.S. 903, 101 S.Ct. 276, 66 L.Ed.2d 134 (1980), citing Smith v. State, 282 Ala. 268, 210 So.2d 826 (1968). "A motion for a continuance due to a lack of time for adequate preparation is a matter entirely and exclusively within the sound discretion of the trial court and its ruling will not be reversed on appeal absent a ... showing of abuse." Reynolds v. State, 539 So.2d 428, 429 (Ala.Cr. App.1988), cert. denied, 539 So.2d 428 (Ala.1989). Moreover, "the reversal of a conviction because of the refusal of the trial judge to grant a continuance requires `a positive demonstration of abuse of judicial discretion.' Clayton v. State, 45 Ala.App. 127, 129, 226 So.2d 671, 672 (1969)

." Beauregard v. State, 372 So.2d 37, 43 (Ala.Cr.App.), writ denied, 372 So.2d 44 (Ala.1979) (emphasis added).'

"Loggins v. State, 771 So.2d 1070, 1084 (Ala.Crim.App.1999)."

Smith v. State, 797 So.2d 503, 523 (Ala. Crim.App.2000).

The record indicates that Emory Anthony was appointed on October 4, 1999, to represent Hart. Hart was indicted on January 14, 2000, and trial was set for October 30, 2000. Defense counsel filed a motion to continue on October 24, 2000. The motion was granted, and trial was reset for June 4, 2001. On May 31, 2001, Anthony filed a "Motion to Continue or in the Alternative Motion to Withdraw," alleging that he had been involved in another capital-murder trial since May 21, 2001, and that he would not be physically or mentally prepared to begin Hart's capital defense in four days. The trial court denied the motion on the same day.

On the morning of trial, an extensive motions hearing was held. Anthony and his cocounsel were present and both actively participated in the hearing, discussing both legal issues and facts relevant to the case. We observe, furthermore, that defense counsel had filed numerous extensive motions and requests before trial, indicating their regular involvement in and preparation for Hart's trial defense. Anthony participated in voir dire questioning, presented the opening and closing arguments, and cross-examined many of the State's witnesses. All indications are that Anthony and his cocounsel represented Hart's interests zealously throughout trial.

Nothing in the record warrants a determination by this Court that the trial court abused its broad discretion when it denied defense counsel's request for a continuance, which was filed just days prior to trial. There being no abuse of judicial discretion, Hart is not entitled to any relief on this claim.

II.

Hart next claims that the trial court erred when it refused to allow him to make a proffer of evidence. Hart apparently believed it was necessary to make a proffer because, he claims, the trial court unfairly limited his cross-examination of Sgt. Jerry Frazier. Specifically, Hart attempted to ask Sgt. Frazier about a statement made by another officer (Sgt. Hadder) in a preliminary hearing in this case, and the trial court refused to allow that line of questioning. When Hart later attempted to place the preliminary hearing testimony of Sgt. Hadder into the record to preserve the issue for appeal, the trial court refused to allow Hart to put that portion of the transcript into the record. No error occurred with regard to the trial court's rulings.

"The general rule is that if a trial court excludes evidence offered by a defendant, it is the defendant's responsibility to make an offer of proof to preserve for appellate review any error in the trial court's refusal to accept the evidence. However, if the substance of the evidence sought to be admitted is apparent from the context within which the questions were asked, no offer of proof is necessary."

Myers v. State, 601 So.2d 1150, 1152 (Ala. Crim.App.1992).

It is clear from the record that, during the hearing on Hart's motion to suppress his statement, Hart sought to question Sgt. Frazier about the testimony offered by Sgt. Hadder at Hart's preliminary hearing. It is also clear that Sgt. Hadder testified at the previous hearing that Hart was not wearing a shirt while he was detained. Because the substance of the evidence Hart sought to admit was apparent, no offer of proof was necessary. Therefore, the trial court did not err when it denied Hart's request to make an offer of proof regarding Sgt. Hadder's testimony from the earlier proceeding.

Moreover, we find no error in the trial court's resolution of the underlying issue; the trial court properly precluded Hart from questioning Sgt. Frazier about testimony offered by Sgt. Hadder at the preliminary hearing.

"It is well settled that `[a] party is entitled to a thorough and sifting cross examination of the witnesses against him,' McMillian

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