Knighton v. State

• Citation: 1996 OK CR 2,912 P.2d 878
• Decision Date: 08 January 1996
• Docket Number: No. F-90-1326,F-90-1326
• Parties: Robert Wesley KNIGHTON, Appellant, v. STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 878

912 P.2d 878

Robert Wesley KNIGHTON, Appellant, v. STATE of Oklahoma, Appellee.

No. F-90-1326.

Court of Criminal Appeals of Oklahoma.

Jan. 8, 1996.

Rehearing Denied Feb. 28, 1996.

An Appeal from the District Court of Noble County; Neal Beekman, District Judge.

Cheryl A. Ramsey, Szlichta, Ramsey & Meyers, Stillwater, Nikki G. Leach, Perry, Defense Counsel, for Appellant at trial.

Joseph A. Wideman, District Attorney, Mark Gibson, Assistant District Attorney, Perry, Prosecutor for State at trial.

Cindy G. Brown, Asst. Appellate Indigent Defender, Norman, for Appellant on appeal.

Susan Brimer Loving, Attorney General of Oklahoma, A. Diane Blalock, Assistant Attorney General, Oklahoma City, for State on appeal.

OPINION

LANE, Judge:

Robert Wesley Knighton, appellant, was tried by jury and convicted of two counts of Murder in the First Degree in violation of 21 O.S.1981, § 701.7 in Noble County District Court Case No. CRF-90-1. Following the second-stage proceeding the jury found three aggravating factors: the defendant was previously convicted of felonies involving the use or threat of violence to the person; the defendant knowingly created a great risk of death to more than one person, and there exists the probability that the defendant would commit future criminal acts of violence that would constitute a continuing threat to society. See 21 O.S.1981, § 701.12(1), (2) and (7). The jury set punishment at death for each count, and the trial court sentenced accordingly.

Appellant is before us on original appeal. We affirm judgment and sentence.

FACTS

This case arises out of the murder of Richard and Virginia Denny in their rural Noble County home. The murders occurred on the third day of a four-day crime spree which began in Kansas City, Missouri and ended in Canadian, Texas.

Three friends, Knighton, his girlfriend, Renee Williams, and Lawrence Brittain decided to run away from Kansas City to California or Florida because seventeen-year-old Brittain was going to be transferred from a light security correctional facility to a secure facility. Forty-eight year old Knighton, the leader of the group, told Brittain and twenty year old Williams, "there would be robberies and maybe even murders" along the way.

Knighton stole a van and they drove to his mother's home in Springfield, Missouri. She gave them money, and the next day they drove to the Clinton, Missouri home of Brittain's friend, Frank Merrifield. Merrifield was home, drinking with his friend Ray Donahue. Merrifield showed Knighton his gun collection and invited Knighton to shoot a pearl handled, .22 caliber pistol. Knighton shot it--into the back of Donahue's head. Before Merrifield realized what had happened, Knighton shot and killed him. The three left after taking money and two pistols from the dead men. They took the .22 that Knighton had just used to kill Donahue and Merrifield, and a .38 that Knighton would use two days later to kill the Dennys.

From Springfield, the three drove south to Oklahoma. Knighton was concerned that they had driven the stolen van too long, and tried unsuccessfully in Tulsa and Sand Springs to steal another vehicle. Still wanting to change vehicles, they kept driving west, looking for an isolated home to "take over". "Taking over" a home meant, as Williams would testify at trial, killing the occupants and taking what they wanted.

As the three drove through rural Noble County, Knighton told Brittain he would do the next job because he needed to "grow up". Brittain and Williams began casing homes as they drove by. They paused at a home down the road from the Denny's, but rejected it when they thought they saw a child and toys in the yard. They did not want to kill children. ¹

They drove on, and when they turned into the driveway of Richard and Virginia Denny's home, sixty-two-year-old Richard Denny came out to meet them. Brittain got out of the van and asked Denny for directions to Bristow. When Denny went to his pickup to get a map, Brittain froze and could not pull the .22 out from under his jacket. Knighton stepped in, held the .38 to the back of Denny's head and marched him inside. Virginia Denny was sitting at the kitchen table eating potato chips.

Denny advised his wife they should do what they were told. She offered Knighton and Brittain milk; they wanted beer. Denny sat down and tried to bargain with Knighton. Denny explained Knighton didn't have to kill them. He could take anything he wanted and they didn't have a phone, so they couldn't report him. Knighton told the Dennys several times that he didn't "want to have to" kill them. Then after a while Knighton offered Brittain the chance to shoot. Brittain declined and Knighton shot Mr. Denny in the chest. Then he shot Mrs. Denny in the chest and shot Mr. Denny a second time. Knighton later told Williams, "at least the old woman had time to say her prayers."

Knighton and Brittain went outside, then Brittain went back in and got the keys to the Denny's pickup from the pocket of Mr. Denny's overalls. Williams and Brittain wiped down the van they had been driving and abandoned it nearby. The three drove the Denny's gold colored pickup west to Canadian, Texas.

Knighton again believed they had driven the stolen truck long enough, so they began looking for another home to take over. Debbie Clark drove up behind them on her way home from taking children to school and noticed they were driving extremely slowly on her street. She saw them look intently between the houses, and then look menacingly at her. She went home and watched them from her living room window. When they circled her block a third time, she called the sheriff's office.

Hemphill County Deputy Sheriff Tennant stopped them as a result of Clark's call. Knighton could not produce any identification. When Deputy Tennant asked him to identify his passengers, Knighton gave conflicting stories. The Sheriff arrived and asked Williams and Brittain to get out of the truck. When they did, the Sheriff saw a pistol in plain view on the floorboard. He then saw the handle of a partially covered second pistol on the seat. The three were then arrested. The Hemphill County Sheriff had the Noble County Sheriff called based on the proof of insurance form in the Denny's truck. The Noble County Sheriff sent people to the Denny place, and the murders were discovered.

I. JURY SELECTION

Appellant relies on Morgan v. Illinois, 504 U.S. 719, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992) to argue the trial court applied an improper standard in refusing to remove two veniremen for cause. These veniremen were unfit, appellant argues, because they indicated they would automatically vote for death, regardless of mitigation. Appellant had used all of his peremptory challenges on others, and these veniremen ultimately served on the jury. Without developing the argument, appellant asserts he had run out of peremptory challenges because he had to strike two other veniremen who should have been removed for cause.

The State agrees Morgan requires the trial court to excuse for cause a venireman who will automatically vote for the death penalty in every case. Such a person must be dismissed for cause because that person will not follow the jury instructions which channel the proper use of evidence in mitigation and aggravation. See Id. 504 U.S. at 729, 112 S.Ct. at 2229. The State then argues the two veniremen in question stated they would follow the law, and thus were properly not struck for cause.

The standard for striking a prospective juror for cause based on his or her views on capital punishment is whether the juror's views would "prevent or substantially impair the performance of his duties as a juror in accordance with his instruction and his oath". Wainwright v. Witt, 469 U.S. 412, 424, 105 S.Ct. 844, 852, 83 L.Ed.2d 841 (1985) (quoting Adams v. Texas, 448 U.S. 38, 45, 100 S.Ct. 2521, 2526, 65 L.Ed.2d 581 (1980)); see Ross v. Oklahoma, 487 U.S. 81, 108 S.Ct. 2273, 101 L.Ed.2d 80 (1988); Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968).

Mr. Williams and Ms. Beasley, the jurors who are now challenged, were questioned as to whether they would automatically impose the death penalty. Mr. Williams told defense counsel someone who committed murder while committing robbery would, "[A]utomatically ... deserve the death penalty because he could have went on without hurting anybody." The trial court then asked him if he would consider the sentencing options of life and life without parole also, and if he would be willing to listen to mitigating circumstances. He replied he would. The trial court then asked, "[Would you] not automatically opt for the death penalty,--", and Mr. Williams replied, "No." Defense counsel then asked this venireman, "If you were given certain mitigating and aggravating factors which would be for or against the death penalty in the second stage, would you consider all of those items in determining whether life, life without parole or death is appropriate". He replied, "Yes, ma'am."

Ms. Beasley clearly stated she would consider the facts of the case and each of the punishment options set forth by the legislature, and she promised there would be no situation in which she would automatically decide on punishment. She further stated there was nothing about her personal beliefs that would prevent her from giving "full and open-minded consideration" to the sentences of death, life and life without parole. When asked if there were some particularly heinous murder for which she would automatically vote for death, this juror said there was. The trial court then denied the defense objection for cause.

When we analyze the responses of these jurors in light of the Witt standard, we find removal for cause was not necessary. Mr. Williams clearly expressed his ability and intent to follow his oath and the instructions of the trial court. Ms. Beasley also expressed her ability and intent to...