Jetton v. State

• Decision Date: 29 March 1983
• Docket Number: 8 Div. 501
• Citation: 435 So.2d 167
• Parties: Thermon JETTON v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 167

435 So.2d 167

Thermon JETTON v. STATE.

8 Div. 501.

Court of Criminal Appeals of Alabama.

March 29, 1983.

Rehearing Denied May 3, 1983.

Certiorari Denied July 22, 1983

Alabama Supreme Court 82-759.

C.B. Caine, Jr., Moulton, for appellant.

Charles A. Graddick, Atty. Gen. and Helen P. Nelson, Asst. Atty. Gen., for appellee.

HARRIS, Judge.

Appellant was indicted by the Lawrence County Grand Jury for the murder of June Way, also known as June Way Vinson. Appellant was arraigned on July 11, 1980 where he entered a plea of not guilty and not guilty by reason of insanity. Subsequently a motion for mental examination was filed which was granted. After completion of the mental examination at Bryce Hospital, appellant was certified as being able to stand trial and was returned to Lawrence County. The trial commenced on December 8, 1980, and on December 11, 1980, after more than eight hours' deliberation, the jury returned a verdict of guilty of murder. On December 22, 1980, appellant was sentenced to thirty years' imprisonment in the state penitentiary.

The State presented evidence that the nude body of June Way Vinson was found on May 22, 1980, near a dirt road in front of the house where she and appellant had resided for several years. She had more than 100 bruises on her body, her breastbone and cheekbone were broken and she had internal injuries. An analysis of her body indicated that she was highly intoxicated when killed.

On May 21, 1980, the day before the body was found, the State's evidence showed that appellant had been drinking heavily with neighbors at his house. On that day, while at appellant's home, one of the neighbors noticed that the victim had a black eye, and, after the neighbor asked the appellant not to hit the decedent any more; the appellant became angry and shoved the neighbor to the floor.

Other neighbors testified that on the night of May 21, 1980, they heard voices from the direction of the appellant's house. One of the witnesses recognized appellant yelling and cursing at someone to "get up" and that it sounded as if appellant had said "June." The witnesses later heard moaning noises.

The State called a number of witnesses who saw appellant the morning of May 22, 1980, and who talked with him. On this morning, appellant had left his house, was seen walking on a local road, and was later taken to a friend's house.

Appellant's daughter testified that appellant told her on the morning of May 22, 1980, that he had hit the victim with a rock and had "left her lying there." This same day another witness heard appellant say, "I'm in bad trouble," and that he had killed a woman and she was lying out in the back yard. Appellant also told one of the witnesses that he had stomped the victim to death.

The State introduced the clothing appellant was wearing the morning the body was found. The clothing was bloodstained, and a serologist testified that the blood on the clothes matched the victim's blood.

The defense mainly focused on appellant's acute alcoholic problem and whether he was suffering from a mental disease or defect. A number of witnesses who knew appellant testified that he was a heavy drinker and he would often go on long alcoholic binges. One witness who was with appellant on May 21, 1980, testified that, in his opinion, at the end of this particular day appellant could not tell right from wrong, was "crazy drunk" and "staggering drunk." He also testified that, after he asked appellant for $10 back that he had given appellant one-half hour earlier, appellant became uncharacteristically hostile and apparently did not remember taking the money. Another witness testified that he had heard that appellant had drunk various substances such as rubbing alcohol and after-shave lotion.

Appellant testified that he had been drinking since he was thirteen years old and that, by the time he was 25 years old, he began drinking paint thinner when he was low on money. His alcoholism became more and more acute until he would go on binges for weeks at a time and he was forced to separate from his wife because of his drinking problem. He also began drinking such substances as rubbing alcohol, cooking sherry, after-shave lotion, and Right Guard deodorant.

Appellant testified that on occasions he would suffer from delirium tremens, or "d.t.'s," and would have to be hospitalized. He stated that he was in numerous alcoholic abuse centers for treatment, had been in jail because of his drinking very many times and had been committed to Pineview Hospital in 1971 by his family because of acute alcoholism. He would hallucinate during these bouts of "d.t.'s" and could not remember for long periods of time. Appellant testified that he did not remember anything from the night in question.

Appellant called a number of witnesses who had expertise in the field of alcohol abuse.

Dr. Harry Simpson, a Florence doctor specializing in internal medicine, treated alcoholics at an alcohol abuse center in Florence. He testified that, according to his records, he treated the appellant in December 1975 and May 1976 for "acute and chronic alcoholism." While hospitalized, appellant had "d.t.'s" and hallucinated as well as heard voices. Dr. Simpson also testified that, during "d.t.'s", alcoholics would suffer an "alcoholic psychosis" and lose touch with reality. Alcoholics could also appear to function normally during an alcoholic binge and later not remember their actions.

Mr. W.E. Parramore, clinical supervisor of an alcoholic abuse center, also described the effects of prolonged alcoholism. He further testified that an alcoholic could go on long binges and appear to act normal but would not remember events after he was sober. According to Mr. Parramore, prolonged alcoholism could cause brain damage and affect mental capacity so that one could lose his ability to recognize reality at times. He stated that he never personally observed the appellant.

Dr. Rex Child, a Decatur psychologist who worked at the North Central Alabama Mental Health Center, testified as to the effects of alcoholism on the brain. He stated that alcoholism could be considered a mental disease and that prolonged alcoholism could produce permanent brain injury. When asked a hypothetical question based on appellant's alcoholic condition, Dr. Child testified that this type of person would be the type of individual who would have a major mental disorder. Such a person would have very little emotional control or brain organization. Such a person would also likely suffer a psychotic episode. Dr. Child stated that he had never personally evaluated the appellant.

On rebuttal, the State called Cecil Cooper, the appellant's jailer for the months immediately preceding the trial. Mr. Cooper testified that, after he had observed appellant during this time, the appellant appeared to be sane.

The State also called Dr. Thomas L. Smith, Jr., the Director of the Forensic Unit at Bryce Hospital. Dr. Smith first examined appellant in October of 1980. It was his opinion that appellant did not suffer a mental disease or defect to the extent that appellant could not distinguish the criminality of his acts or be able to control his actions. According to Dr. Smith, appellant suffered from a personality disorder caused by alcoholism, a condition less serious than psychosis.

Appellant asserts that the trial court committed reversible error in overruling his motion for a mistrial based on certain remarks the prosecution made in closing arguments. Appellant contends that the prosecutor's remarks, which included the statement that it was probable the defendant would be released in three months if found not guilty by reason of insanity, constituted ineradicable error. The disputed portion of the District Attorney's closing argument is as follows:

"MR. CAINE: (counsel for appellant) Judge, we are going to object at this point, because I simply said it would be up to the Court, and Mr. Littrell is proceeding to tell the jury what the Court will do, which is not--

"MR. LITTRELL: I am not talking about--I am talking about what Bryce Hospital does. He opened the argument, and I am answering it.

"MR. CAINE: I didn't say anything about Bryce Hospital one way or the other, Your Honor.

"THE COURT: Well, gentlemen, I will explain to you when we get into it. We are talking about two separate things when you are talking about a commitment. One thing what you are concerned with in this case on the plea of insanity, as it has been referred to, is whether or not at the time of the commission of the crime whether Defendant was insane or knew what he was doing as a defense.

"Now, whether or not he is at the present insane is a horse of a different color.

"In other words, he has been found to be sane at this time, because if he hadn't been, he could not have been put to trial. In other words, you have got to understand that we are talking about two different things. The insanity as a defense to the crime was whether or not at the time of the alleged commission of the act that he was insane. Whether or not he is insane now would only have a bearing on whether or not he could stand trial. You can't try him if he is insane now; you would have to wait until he is restored to his right mind, but I will go into that a little bit in detail later.

"Now, Mr. Caine did argue about what would happen, and ordinarily I wouldn't tell you, but as a practical matter if he is found not guilty by reason of insanity, then he would be committed by me or it would be up to me to determine, and he would be committed to some mental institution who would evaluate him and make a determination as to what the status was. And if they found that he was insane, then of course they wouldn't release him.

"So I think in view of that, you can go on with your argument."

Whereupon, Mr. Littrell continued making closing statements to the jury on behalf of the State when the following objection was made:

"MR....