Knight v. State, 5 Div. 887

• Decision Date: 08 October 1985
• Docket Number: 5 Div. 887
• Citation: 478 So.2d 332
• Parties: James Selma KNIGHT v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 332

478 So.2d 332

James Selma KNIGHT v. STATE.

5 Div. 887.

Court of Criminal Appeals of Alabama.

Oct. 8, 1985.

J. Michael Williams, Sr., Auburn, for appellant.

Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Spec. Asst. Attys. Gen., for appellee.

PATTERSON, Judge.

Appellant, James Selma Knight, was indicted by the Fall 1983 term of the Macon County Grand Jury. The indictment charged appellant with the crimes of rape in the first degree, burglary in the first degree, and theft in the first degree. A trial by jury was commenced on November 7, 1983. The jury found appellant guilty of burglary in the first degree and theft in the first degree. A mistrial was declared on the rape charge. Appellant was sentenced on December 7, 1983, as a habitual offender to life without parole in the state penitentiary. On the same date the trial court denied appellant's motion for a new trial and notice of appeal was given. This appeal follows:

I

During the evening of June 27, 1983, the prosecuting witness (hereinafter referred to as the victim) returned to her home between 7:00 and 7:30 p.m. after attending a reception at the mayor's office. She parked her automobile in the driveway and entered her home, locking the doors behind her. She prepared a light supper and retired to her bedroom to watch television.

The victim fell asleep and the next thing she remembered was "something pouncing on me." She did not see her assailant's face, but testified that he had a male voice. The victim was blindfolded and gagged and had her hands tied behind her back. The intruder told her to stop struggling or she would get hit with a hammer. The victim was then asked where her money was and she told him it was in her purse. Thirteen dollars was taken. The victim was then "pulled up" on the bed and forcibly raped.

Afterwards, the victim was retied and the intruder asked where her car keys were. She told him they were in her purse. Sometime later the intruder left the house and the victim untied herself and contacted the police.

Upon investigation, the victim discovered that various objects had been thrown around the house, telephone lines had been cut, and the contents of her purse were found in the hallway. The attacker had taken a pack of her cigarettes from the bedroom and smoked three or four cigarettes in the dining room, grinding them out on her card table cover. A peach-colored towel was missing from the bathroom. The victim's car was taken and was found the next day abandoned in a wooded area.

II

Police authorities initially suspected one James B. Ligon, but according to Sergeant Gwethalyn Segova, his alibi checked out. The investigation then focused upon appellant after Sgt. Segova heard from her contacts on the street that appellant had had sex with someone and stolen a car. Appellant was evidently in jail on other charges when Sgt. Segova and Detective Henry Peavy decided to interrogate him. This interrogation resulted in a statement being made by appellant, which the State offered at trial as evidence of appellant's guilt. This statement constitutes the totality of the evidence against appellant.

The circumstances of the taking of this statement are clearly questionable. In view of our ultimate holding in this case, however, we do not need to decide the question of voluntariness concerning this statement. We include these facts merely to indicate the obvious weaknesses of the State's evidence, which is vital to the disposition of this case. Sgt. Segova testified, outside the presence of the jury, that she and Detective Peavy interrogated appellant for over 6 hours, beginning at 8:45 a.m. and ending at 3:10 p.m., on July 27, 1983. Sgt. Segova stated that there was no coercion or pressure put on appellant to make a statement. Appellant was informed of his Miranda rights both orally by the officers, and in a writing signed by appellant. On cross-examination she stated that appellant was possibly handcuffed to a chair the entire time of the interrogation. Her testimony was very vague and inconclusive concerning what was discussed and what events occurred during the 6 hours before the statement was taken. When asked if appellant made any other statements, she responded negatively.

Detective Peavy stated that appellant was not handcuffed the "entire time," and that he was not handcuffed to a chair. The three discussed the "complete" case. Peavy stated that so far as he knew appellant could read and write. Sgt. Segova stated that they never asked appellant if he could read or write.

Appellant testified for the limited purpose of determining the voluntariness of the statement. Appellant stated that he was handcuffed to a chair for the entire period of time, except when allowed to go to the restroom. Appellant stated that he could not read or write well, and that Detective Peavy told him how to spell everything in the statement. Appellant admitted writing the statement. Peavy admitted helping appellant spell the words, but according to Peavy, the words came from appellant.

Later Sgt. Segova testified that appellant was not handcuffed most of the time. She stated that he was handcuffed to a chair "some of the time," but that she could not remember how much. Sgt. Segova finally stated that appellant was not handcuffed when he went to the "bathroom" and when he was allowed to smoke a cigarette. Sgt. Segova also later remembered certain oral statements that appellant made prior to the written statement. The court excluded these newly remembered statements.

The trial court determined that appellant's statement was voluntary and allowed it to go before the jury. We note that this determination was made prior to the time Sgt. Segova contradicted and embellished her voir dire testimony. The statement made by appellant reads as follows (excluding all standardized printed form material):

"Went to the house and got the car drove 2 miles Stop got out wipe hand prints off. the. car with a towel that I got from the bath room went Into the house through tue living room window took the car key from Bed room went in Batn room left the car wen I saw a Black and White police car went down thu the woods tho hwy 80 this happen Jne 28, 1983."

It took appellant 25 minutes to write this statement and Sgt. Segova told the jury that it revealed two new pieces of evidence that was not known prior to the statement being taken. This new evidence was "[t]he location of the keys to the vehicle and the location of the towel." We note that the victim testified that the car keys were taken from her purse and the towel was taken from her bathroom. We find it difficult to believe that this was new evidence.

III

A great deal of evidence was gathered at the victim's home and from the vehicle. This evidence was sent to the Department of Forensic Sciences for testing. The State introduced portions of the evidence at trial; however, the trial court instructed the jury to disregard this evidence because the State failed to prove that it was in any way connected with appellant. On the day of trial the defense filed a motion to produce, which included a request for:

"All toxicology or forensic reports concerning this case, to include any reports which the State does not plan to admit into evidence, all fingerprint reports of the Defendant and any other persons submitted to the Department of Forensic Sciences in this case and all reports from the Department of Forensic Sciences, all reports of blood, saliva, and semen samples submitted to or received from the Department of Forensic Sciences, any reports concerning a hammer found at the crime scene, and all other reports from the Department of Forensic Sciences which relate to this case."

The trial court denied the motion, but ordered that "[a]nything that amounts to an exculpatory statement by the defendant or by any witnesses" be produced. The court also ordered the State to give appellant a copy of any toxicology or forensic report. Mr. Clyde Jones, the prosecuting attorney, represented that he did not have a copy of any toxicology or forensic report at that time. Subsequently, during the first day of trial, a report was made available to defense counsel, from the criminalist, Mr. Tellis Hudson.

On the second day of trial, defense counsel filed a second motion to produce and orally requested that the State produce any other scientific evidence of an exculpatory nature. The court inquired as to any other reports which Mr. Jones had in his possession. The record contains the following colloquy between the trial judge and Mr. Jones:

"THE COURT: Are there any other reports scientific or otherwise that which you have any knowledge that simply are mutual insofar as the defendant's guilt or innocence is concerned?

"MR. JONES: No, sir, the only report that I had was the one that I gave Mr. Williams a copy of.

"THE COURT: Do you have a report from the other person to whom information was sent, the man in Montgomery?

"MR. JONES: No, sir.

"THE COURT: Is he going to testify?

"MR. JONES: I don't think so, Your Honor.

"THE COURT: OK. And you didn't get a written report, lab results? There's a good bit of information that was sent on to him.

"MR. JONES: Yes, sir. I only got that report yesterday evening when he got here. I wish I had had it before. As far as statements I have already given the defendant's statement. I don't think he's entitled to the other witnesses' statements.

"THE COURT: Am I to assume from the fact that Mr. Landrum has not testified that there's nothing--that he does not add any information that would tie--

"MR. JONES: Mr. Chase talked to Mr. Landrum.

"THE COURT: What is his name? How do you spell his name?

"MR. JONES: Bill Landrum,...