Henry v. State
Decision Date | 01 September 1990 |
Docket Number | No. 41,41 |
Citation | 596 A.2d 1024,324 Md. 204 |
Parties | Ian George Constantine HENRY v. STATE of Maryland. , |
Court | Maryland Court of Appeals |
1028] William H. Murphy, Jr. (Gary S. Bernstein, M. Cristina Gutierrez, Baltimore), on brief, for appellant.
Valerie J. Smith, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Gwynn X. Kinsey, Jr., Asst. Atty. Gen., Baltimore), on brief, for appellee.
Argued before ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI, CHARLES E. ORTH, Jr., Judge of the Court of Appeals (retired, Specially Assigned), MARVIN H. SMITH, Judge of the Court of Appeals (retired, Specially Assigned), JJ.
Ian George Constantine Henry (Henry) was charged and indicted by a Grand Jury for five counts of murder, six counts of use of a handgun in the commission of a crime of violence, and one count each of attempted murder, assault with intent to murder, conspiracy to murder, conspiracy to rob, robbery with a deadly weapon, and theft over $300.00. He was tried in the Circuit Court for Prince George's County and was found guilty by a jury on all counts. On March 14, 1990, a capital sentencing proceeding was conducted before the same judge and jury. The jury returned two sentences of death. The trial judge imposed four additional life sentences (three without the possibility of parole), as well as another 120 years incarceration.
An appeal was taken to this Court pursuant to Maryland Rule 8-306(c). Henry has presented several questions for our review, relating to both the judgments of conviction and the sentence of death. A brief synopsis of the evidence adduced at trial is necessary.
The critical events that spawned this case occurred on January 22, 1988. In Bruce v. State, 318 Md. 706, 569 A.2d 1254 (1990), an appeal by one of Henry's co-defendants, we summarized substantially identical testimony given by the same witnesses that testified in the instant case regarding these events:
Id. at 712-13, 569 A.2d 1254, 1257-58.
According to the testimony of Ms. Chambers, she was at the apartment of Leonard "Chief" Francis and Carlene Hamilton on January 22, 1988. Also present were Carl "Fabulous" Dunstrom, Richard Alexander Williams, Everton Mitchell, Kirk Bruce, Lloyd George "Donny" Chambers, and Henry. While in the back bedroom, Ms. Chambers heard gunfire coming from elsewhere in the apartment. Immediately thereafter, Williams ran into the bedroom in a desperate attempt to escape Henry, who was close behind him, wielding a handgun and firing shots. Ms. Chambers further testified that Henry shot her as well as Williams and Ms. Hamilton. When she fell to the floor, Ms. Chambers attempted to hold her breath, in the hope that her assailants would believe she was dead. This effort proved futile, however, for Dunstrom entered the room, realized Ms. Chambers was alive, and shot her in the neck.
Jacqueline Sellers, Dunstrom's former girlfriend, testified that on January 22, 1988, Dunstrom, Bruce, Eddie Bell (Eddie), and Henry left a residence in Upper Marlboro, Maryland with guns "sometime late in the daytime," saying that "they had business to attend to." Later that evening, Eddie returned and told Ms. Sellers and Michelle Nelson (Bruce's girlfriend) to pack and prepare to leave. Bruce, Dunstrom, and Henry returned, and the group drove to Virginia. Ms. Sellers testified that on the way to Virginia, Henry and Dunstrom discussed the killings, saying that "all of them" were dead. She also stated that Henry had "about four guns" with him and put them on the floor of the car under her feet. The group checked into a motel in Virginia, where the men changed out of blood spattered clothes, put the soiled garments in plastic bags, and later disposed of them. Ms. Sellers further stated that when all of them were together watching television, a report of the "Landover murders" was broadcast on the evening news. When they heard the account, all four of the men began jumping, "dancing around and about, bragging about it," and pretending that they were firing shots. The group later traveled to Florida, stayed for about a week, and separated. Dunstrom and Ms. Sellers went to Brooklyn, New York, where Dunstrom was subsequently arrested. Ms. Sellers also testified that on several occasions in Virginia and Florida, she saw Henry in possession of a black leather briefcase "full of money."
Robert Williams, the brother of victim Richard Williams (Ritchie), testified that he worked for the drug organization directed by Chief. He stated that on the afternoon before the shootings, he had gone out on an errand for his brother to retrieve approximately $11,000, which he then delivered to Ritchie. He left Chief's apartment around 6:00 p.m. on January 22, 1988. While in the apartment, he had seen a black leather briefcase containing money.
Henry was arrested on April 15, 1988 in the Bronx, New York. FBI Agent Charles Gianturco testified at trial that he had observed a gun on the floor of an open closet, approximately three to four feet away from Henry at the time of the arrest. The weapon was immediately seized. We shall consider Henry's contentions in the order in which they are raised in his brief.
Henry contends that the trial judge erred during voir dire by striking from the panel, over Henry's objection, two prospective jurors who answered affirmatively when questioned by the judge as to whether they had any "beliefs about the imposition of the death penalty ... that would make it very difficult ... to serve as a juror in this case in which the death penalty is sought." Henry also asserts that the court improperly excused two other prospective jurors without permitting defense counsel to inquire further into those jurors' ability to apply the law as instructed.
Henry claims that there is nothing in the record to support the trial court's action of excusing prospective jurors Deslandes and Rhone for cause and therefore, Henry's federal and state constitutional rights were violated. Henry maintains that although these two prospective jurors had misgivings about the possible imposition of a death sentence, each juror's concern would not have " 'prevent[ed] or substantially impair[ed] the performance of his duties as a juror in accordance with his instructions and oath.' " Wainwright v. Witt, 469 U.S. 412, 424, 105 S.Ct. 844, 852, 83 L.Ed.2d 841, 851-52 (1985) (quoting Adams v. Texas, 448 U.S. 38, 45, 100 S.Ct. 2521, 2526, 65 L.Ed.2d 581, 589 (1980)). We disagree. The statements made by both Deslandes and Rhone indicate that the trial court had sufficient cause to believe the men could not discharge their duties as jurors effectively or impartially.
Prospective juror Deslandes testified as follows:
On the other hand, let the guy be free to kill again? I don't know, it is confusing for me. I don't feel comfortable to face this kind of trial.
To continue reading
Request your trial-
Pugh v. State
...commenced, or "who, personally, or through counsel, agrees to or acquiesces in being absent." Md.Rule 4-231(c). See also Henry v. State, 324 Md. 204, 223, 596 A.2d 1024, cert. denied 503 U.S. 972, 112 S.Ct. 1590, 118 L.Ed.2d 307 (1991); Lewis, 91 Md.App. at 769, 605 A.2d 988. In Williams v.......
-
Stevenson v. State
...meld the evidence presented with plausible theories, and expose the deficiencies in [opposing counsel's] argument." Henry v. State, 324 Md. 204, 230, 596 A.2d 1024 (1991), cert. denied, --- U.S. ----, 112 S.Ct. 1590, 118 L.Ed.2d 307 (1992). To hold that the prosecutor's closing argument to ......
-
Grandison v. State
...court of a character likely to have injured the complaining party. Booth IV, 327 Md. at 193, 608 A.2d at 187; Henry v. State, 324 Md. 204, 230 n. 5, 596 A.2d 1024, 1037 n. 5, cert. denied, 503 U.S. 972, 112 S.Ct. 1590, 118 L.Ed.2d 307 (1992); Hunt, 321 Md. at 435, 583 A.2d at 241. No such a......
-
Key-El v. State
...by a party-opponent in both civil and criminal actions as an exception to the hearsay rule under common law. See Henry v. State, 324 Md. 204, 242, 596 A.2d 1024 (1991); Briggeman v. Albert, 322 Md. 133, 138, 586 A.2d 15 (1991); Miller v. State, 231 Md. 215, 218, 189 A.2d 635 (1963); Ewell v......