Holt v. State, 6 Div. 182

• Decision Date: 25 October 1977
• Docket Number: 6 Div. 182
• Citation: 372 So.2d 364
• Parties: Alfred HOLT v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 364

372 So.2d 364

Alfred HOLT v. STATE.

6 Div. 182.

Court of Criminal Appeals of Alabama.

Oct. 25, 1977.

Rehearing Denied Nov. 15, 1977.

Benjamin Daniel, Birmingham, for appellant.

William J. Baxley, Atty. Gen. and James L. O'Kelley, Asst. Atty. Gen., for the State.

DeCARLO, Judge.

Murder, first degree; life.

Alfred Holt was indicted by the grand jury of Jefferson County, and charged with the shooting death of Debra Kay Dabbs.

After a jury trial on January 21, 1976, the appellant was found guilty and sentenced to life imprisonment.

This case involves the brutal murder of Debra Kay Dabbs during the early morning hours of March 6, 1975. The appellant, Alfred Holt, did not testify or offer any evidence in his own behalf at trial.

Nathaniel Holt, a fifth grader at Carey A. Tuggle School in Birmingham, Alabama, discovered the body of the victim while on his way to school on March 6, 1975.

Jack Parker was the deputy coroner of Jefferson County Alabama. On the morning of March 6, 1975, he went to Carey A. Tuggle School in response to a "call." Upon his arrival, he made pictures of the scene and of the body of a white female. He observed some eighteen lacerations on the back of the body and one stab wound in the chest in the heart area. Further, the officer observed several bruises about the area of the head and three bullet wounds in the head.

Later the body was removed to Mercy Hospital and Parker observed an autopsy performed by Jay Glass, another deputy coroner.

Jay Glass, a pathologist assistant at the Mercy Hospital in Jefferson County Alabama, performed an autopsy on the body identified to him as that of Debra Kay Dabbs. Glass testified that he found a number of bruises on the head and torso. He said there were some eighteen separate incise-type wounds on the back and one "stab-like" wound at the midline of the chest. Further, he stated there were three gunshot wounds to the head which he described as being "very close range wounds." Glass acknowledged that in his opinion, the gunshot wounds would be reasonably calculated to cause death. Glass also stated that smears were taken of the anal, vaginal and oral orifices of the body and each indicated the presence of "sperm."

During cross-examination, Glass stated he did not find any lacerations of the vaginal area or any signs of forcible entry. However, on further questioning he acknowledged that the absence of lacerations in the vaginal area did not rule out the possibility of sexual assault.

James G. Brown was in Birmingham, Alabama on March 5, 1975, and saw the victim, Debra Kay Dabbs in Duggan's Lounge. She was "somewhat drunk" at the time. According to Brown, he carried her to the Watergate Lounge. On their arrival she went into the lounge first and when he entered she was at the bar talking to the defendant, Alfred Holt. Brown recognized Holt and testified that "I remembered him from school." According to Brown, the victim was sitting at the bar and Holt was standing up talking to her. Brown said when he approached them Holt turned to him and said something to the effect, "tell this girl I'll do what I say I'll do." Brown said after the appellant said that, the victim told Brown she was going to leave but would be back in five or ten minutes.

Brown testified that when the appellant left with the victim, three men sitting at a table left also. Brown did not know who the three men were. Brown left the lounge within five minutes after the appellant and victim left and learned of Miss Dabbs' death after reading the newspaper.

On cross-examination, Brown testified there was no conversation between the victim and himself concerning drugs but she stated that "she was looking for her man." Further, he said the Watergate Lounge was a predominately black establishment and that Holt and the other three men were black.

L. M. Robbins was a police officer and an evidence technician for the Birmingham Police Department. On the morning of March 6, 1975, he went to Tuggle School and made pictures of the scene and nude body of the victim. Several items of evidence were collected and during the trial he identified a diagram that he had made of the scene. Robbins also recalled that sometime after March 6, 1975, he had an occasion to fingerprint a 1971 Chevrolet Monte Carlo, bearing the license number 1-52028.

At the conclusion of Officer Robbins' testimony in chief, the defense did not cross-examine but made the following motion outside the presence of the jury:

"MR. DANIELS: Yes, I have a motion to suppress filed.

"THE COURT: I have never seen it. I didn't know that such a motion has been filed. Motion to suppress what?

"MR. DANIELS: A motion to suppress physical evidence and testimony evidence that will be presented against Alfred Holt. We would call Albert Wallace."

While the jury was out of the courtroom a voir dire examination on the motion to suppress was conducted.

Sergeant Albert Wallace of the Birmingham Police Department investigated the death of Debra Kay Dabbs. He testified that James Brown gave a statement that he saw the appellant, Alfred Holt, leave the Watergate Lounge with the victim.

Pursuant to this information, Wallace and another officer went to Jackson, Mississippi to talk to Alfred Holt. Holt at the time was being held in the Jackson, Mississippi jail on a robbery charge from Birmingham. Wallace stated that after asking Holt if he wanted to talk to them, the "Miranda warnings" were read to him. According to Wallace, Holt indicated that he understood those rights and they began to talk to him about the "murder case." Holt denied having any knowledge of the murder until confronted with James Brown's statement. Following that, Holt said he knew Brown recognized him and said; "If I tell you about it, I was not involved in the case what about my robbery charge?" According to Wallace he told Holt; "I'll do anything I can for you on the robbery, but it's not my case and I have nothing to do with it, but all I'll do is anything I can to help you with it."

Wallace said that Holt admitted being at the Tuggle School on March 5th, and identified the other persons with him at the time. The officer recalled that he also told Holt that if he had nothing to do with the killing he would not be charged for it but would be a witness. He stated that information concerning the Dabbs' murder was to be given in exchange for assistance on the robbery case.

According to Wallace, Holt stated that a man with the last name of Radford was with him but he could not recall his first name. Wallace testified that Holt did not inculpate himself but said that Radford murdered the girl and had intercourse with her.

Holt was returned to Birmingham and after being advised of his constitutional rights made a second statement. It was after this statement that Holt was formally charged with the Dabbs murder. Wallace said that prior to the making of the second statement, Lt. Kirk advised Sgt. Wallace that any promises made by him to Holt could not be honored. Although Holt had been warned that all promises had been withdrawn, he proceeded to make the second statement at the Birmingham City Jail. In that statement he told the officers where the murder weapon was and discussed the circumstances surrounding the murder.

L. H. Kirk held the rank of Lieutenant in the Birmingham Police Department and was the supervisor of the investigation of the Debra Dabbs homicide. Kirk stated that on the morning of April 14, 1975, he was present when Holt made a statement to Sgt. Wallace. He said that he told Sgt. Wallace, in Holt's presence, that any promises made by Wallace were not binding.

Officer Jeffery E. Webb was present at the time Holt made his second statement to Sgt. Wallace at the Birmingham City Jail. Webb was involved in the investigation of the Dabbs' murder. As a result of hearing Holt's statement, he executed a search warrant for the murder weapon. Webb went to the home of one Larry Poitress to execute the warrant but Poitress was not at home. When Poitress arrived he took the officers to another address where the weapon was recovered from a person named Arthur Brooks.

At the completion of Webb's testimony the voir dire hearing was concluded. The court overruled the motion to exclude the testimony of the "live witnesses," whose identity was revealed in the statements. The judge went on to say that Sistrunk could testify and that the court would rule "on all this other business as it comes before me."

Following the court's ruling, the jury was returned to the courtroom and Willie Sistrunk was called as a State's witness.

Sistrunk testified that on March 5, 1975, he went to the Watergate Lounge with Alfred Holt, Luther Bell, and Stephen Radford. He said they had gone to the lounge to get some beer and had ridden in Bell's car. According to Sistrunk, as he was leaving the lounge he looked over his shoulder and saw Alfred Holt talking to James Brown. Sistrunk said that he went to the car, got in, and when he looked into the rear view mirror saw Holt, Radford and Bell coming down the street with Debra Dabbs. Sistrunk recalled that Holt and Debra Dabbs got into the backseat where he was sitting and Radford and Bell sat in the front.

According to Sistrunk, Bell was driving. When they reached a point on a hill, Holt made the statement; "We're gonna f this bitch." Sistrunk said he got out of the car and Radford jumped across the seat and started beating Debra Dabbs. He went on to say that Holt was also beating the girl and that she was doing a lot of crying. According to Sistrunk, he could not be sure but he thought Radford and Holt had "sex with her." He testified they remained there for about five minutes and then drove to Tuggle School. Sistrunk recalled that the girl was "beat unmerciful," and that her clothes were "about half-way torn off."

Sistrunk testified when they arrived at Tuggle School, Holt had intercourse with the girl and then asked him "did I want...