Kalisz v. State

• Decision Date: 17 October 2013
• Docket Number: No. SC12–580.,SC12–580.
• Citation: 124 So.3d 185
• Parties: John William KALISZ, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

124 So.3d 185

John William KALISZ, Appellant,

v.STATE of Florida, Appellee.

No. SC12–580.

Supreme Court of Florida.

Oct. 17, 2013.

James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, FL, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, Florida; Mitchell D. Bishop, Assistant Attorney General, Daytona Beach, FL, for Appellee.

PER CURIAM.

John William Kalisz was convicted of two counts of first-degree murder, two counts of attempted first-degree murder, and burglary of a dwelling. Kalisz seeks review of his convictions and sentences of death. We have jurisdiction. Seeart. V, § 3(b)(1), Fla. Const. On appeal, Kalisz presents seven issues with regard to the penalty phase which led to imposition of the death sentences. However, we review both the evidence of guilt as well as the penalty phase issues actually presented because this Court has an obligation to review the sufficiency of the evidence in all death penalty cases. SeeFla. R.App. P. 9.142(a)(5). For the reasons stated below, we affirm his convictions and sentences.

FACTS AND PROCEDURAL HISTORY

On January 14, 2010, Kalisz fatally shot Kathryn Donovan and Deborah Tillotson in Kathryn's home. Kalisz also shot, though not fatally, Manessa Donovan and Amy Wilson. On February 3, 2010, a grand jury indicted Kalisz for two counts of murder in the first degree, two counts of attempted first-degree murder with a firearm, one count of burglary of a dwelling with a firearm, and one count of possession of a firearm by a convicted felon. Prior to commencement of the trial, Kalisz filed numerous motions, which included a request to suppress his statements to law enforcement. The guilt phase of Kalisz's trial revealed the following.

On January 13, 2010, Kalisz purchased two magazines for a Beretta handgun, full metal jacket ammunition, and hollow-point ammunition at the Sportman's Attic. Later that night, around 10 p.m., Kalisz drove to the home of a friend. Kalisz, a long-time member of Alcoholics Anonymous (AA), previously attended meetings with this friend. Kalisz informed his friend that he had an alcoholic beverage with him. The friend found this unusual because he did not believe that Kalisz consumed alcohol. The friend explained that the bottle was sealed, but later Kalisz opened it, consumed some of its contents, and “almost threw up.” The friend described Kalisz as a “wreck” and that he appeared to feel hopeless. He assumed that Kalisz was upset because his mobile home had been recently destroyed by a fire. Later, Kalisz fell asleep and was still present when his friend awoke around 7:30 a.m. the next day.

During the afternoon of January 14, 2010, Kalisz travelled to the location where one of his acquaintances worked. Kalisz was driving a white Ford Aerostar with Colorado license plates. Kalisz requested permission of this acquaintance to fire his weapon on the property. Kalisz showed his acquaintance a black, semi-automatic nine-millimeter handgun, which was fitted with a red dot laser sight. Kalisz fired the weapon five to seven times, and then inquired of his acquaintance if he needed any assistance with his work. The acquaintance declined Kalisz's offer and then noticed that the laser pointer sight on the weapon was directed at the tree behind him. The acquaintance believed that Kalisz had “just pointed [the gun] at me” and said he felt threatened. Subsequently, the acquaintance requested that Kalisz leave the property.

That same day, Kathryn (also known as “Kitty”), Manessa (Kathryn's daughter), Deborah (also known as “Debi”), and Amy were finishing work early at Kathryn's home.¹ Kathryn operated a business out of her home and employed the other three women. One of Kathryn's neighbors testified that on that particular afternoon she was walking in the area with her five-year-old daughter when she noticed a white Ford vehicle with Colorado license plates. The neighbor was “concerned” because the vehicle did not have a Florida license plate, and she was unaccustomed to seeing out-of-state vehicles in the neighborhood. She also noticed that the driver was driving the vehicle erratically. The neighbor eventually returned to her home, but permitted her daughter to remain outside. Later, the daughter ran into her home and informed her mother that the police were outside.

When Kalisz arrived at Kathryn's residence that afternoon, Kathryn was inside the home, and Deborah, Manessa, and Amy were outside. Suddenly, Kathryn screamed and then shouted “what the hell are you doing here?” Thereafter, Manessa heard three gunshots and, upon looking through a sliding glass door opening, saw her mother lying face down between a table and some boxes. Kalisz then advanced toward Deborah and Manessa, who at this point were standing beside each other, and shot both women. Manessa, who was shot multiple times, pretended to be dead in an attempt to cause Kalisz to stop shooting her. Kalisz then proceeded toward Amy, who was running away, and kicked her in the foot. Amy, who at this point was on the ground, asked Kalisz “[W]ho are you? ... Why are you doing this? ... I don't even know you.” Kalisz then shot Amy twice. Just as Manessa feigned death, Amy also pretended to be dead to cause Kalisz to stop shooting her. Both Manessa and Amy, who survived the shooting, testified that Kalisz did not speak to them during the incident. Despite her condition, Amy was able to dial 911 for help using a phone that she carried in her pocket. Amy informed law enforcement that she and three others had been shot. Upon the arrival of law enforcement, Manessa advised that it was her uncle who had “shot everybody.” Manessa stated that while he was firing the weapon, Kalisz appeared “like he was possessed by a demon,” his eyes were black, and she thought he might be under the influence of drugs.

During trial, Dr. Kyle Shaw, an associate medical examiner who performed the autopsies on both Kathryn and Deborah, discussed the causes of death for both victims. Dr. Shaw recovered multiple projectiles and fragments from both of the victims' bodies. Dr. Shaw testified that in his opinion, and to a reasonable degree of medical certainty, both women died of multiple gunshot wounds. He testified that the manner of death was homicide.

Kalisz's friend testified that Kalisz had placed a telephone call to him around 3 p.m. on the day of the murders. Kalisz informed the friend that he had been to his sister's house and “tak[en] care of a problem,” and that he had taken care of “all of them.” The friend described Kalisz as being in a state of despair, and related that Kalisz had informed him that he did not “feel anything.” Subsequent to this conversation, the friend called for emergency assistance and then drove to Kathryn's home. Law enforcement requested that Kalisz's friend go directly to the Hernando County Sheriff's Office and provide a statement. At the Sheriff's Office, the friend advised officers that Kalisz had “told me last night ... I have got a nine-millimeter, and I have got these clips, and I have got seven clips and I have got more, and, and they are hollow points....” When the detective who was conducting the interview asked the friend who Kalisz planned to harm, the friend responded that Kalisz had identified Kalisz's sister as the target. The friend also informed law enforcement that Kalisz had stated that if anyone tried to stop him, Kalisz would shoot himself and it would not matter if those persons were police officers. The friend also advised law enforcement that after the murders, Kalisz had stated that his sister, Kathryn, had ruined his life, so he ruined hers.

The friend was somewhat evasive at trial during direct examination. He testified that although he had informed law enforcement immediately after the murders that Kalisz had spoken about “taking out” his sister and driving to the Florida Keys, at trial the friend stated that Kalisz “never directly said that to me.” Although the friend did not deny what the transcripts of his interview with law enforcement reflected, he expressed disagreement with the interpretation of his words.

After the shooting of the four women, law enforcement issued a be-on-the-lookout (BOLO) alert for Kalisz's vehicle. Lieutenant Michael Brannin of the Dixie County Sheriff's Office subsequently identified Kalisz's vehicle and followed Kalisz to a gas station. Lieutenant Brannin had stopped his patrol car in front of Kalisz's vehicle and exited when he noticed that Kalisz had a firearm. Thereafter, law enforcement and Kalisz exchanged gunfire. Lieutenant Brannin fired four shots into Kalisz's vehicle. Kalisz was shot, disarmed, arrested, and transported to Shands Hospital in Gainesville, Florida. During the shoot-out, Kalisz shot and killed Captain Chad Reed of the Dixie County Sheriff's Office. Prior to the trial in this case, Kalisz had been convicted and sentenced in Dixie County to life in prison for first-degree murder. During the guilt phase of the present case, neither the murder of Captain Reed nor Kalisz's conviction for that murder was addressed; they were discussed only during the penalty phase of Kalisz's trial.

On January 27, 2010, thirteen days after the murders and shootout with police, Florida Department of Law Enforcement agents April Glover and Barbara McGraw, as well as Detective Bryan Faulkingham of the Hernando County Sheriff's Office, travelled to interview Kalisz at Shands Hospital. Kalisz was restrained to his bed. Michael Johnson, a licensed clinical social worker, spoke with Kalisz prior to the interview with law enforcement. Johnson testified that on January 27, Kalisz agreed to speak with law enforcement.

When Detective Faulkingham arrived, he had two pocket recorders. Detective Faulkingham explained to Kalisz that there were “a couple of formalities ... to get out of the way” before the interview began. Detective Faulkingham inquired whether Kalisz knew his Mira...