Kocaker v. State

• Decision Date: 03 January 2013
• Docket Number: No. SC10–229.,SC10–229.
• Citation: 119 So.3d 1214
• Parties: Genghis Nicholas KOCAKER a/k/a Genghis Henry Kocaker, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

119 So.3d 1214

Genghis Nicholas KOCAKER a/k/a Genghis Henry Kocaker, Appellant,

v.STATE of Florida, Appellee.

No. SC10–229.

Supreme Court of Florida.

Jan. 3, 2013.

Andrea Marie Norgard, Special Appointed Public Defender of Norgard & Norgard, Bartow, FL, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, FL, and Carol Marie Dittmar, Senior Assistant Attorney General, Tampa, FL, for Appellee.

PER CURIAM.

This case is before the Court on appeal from a judgment of conviction of first-degree murder and a sentence of death. We have jurisdiction. Seeart. V, § 3(b)(1), Fla. Const. For the reasons set forth below, we affirm the conviction and sentence.

FACTS AND PROCEDURAL HISTORY

Guilt Phase

On November 17, 2004, Genghis Kocaker was indicted for the first-degree murder of Eric Stanton. On the night of August 31, 2004, Stanton, a cab driver, was hailed by Kocaker about one-third of a mile from an Eckerd Drug Store in Clearwater, Florida. Stanton's cab went out of service twenty-eight minutes after Stanton picked up Kocaker. On September 1, 2004, at 7:11 a.m., Kocaker placed a telephone call to 911 from a cell phone in the Eckerd's store parking lot to report that there was a dead person—or a person who appeared to be dead—inside of a cab. In this call, which was played at trial for the jury, Kocaker conveyed to the dispatcher that he discovered the body by happenstance and failed to tell the dispatcher that he had ridden in the cab hours before. Kocaker explained that he noticed items on the ground near the cab, including change, and then proceeded to look through the crack of the cab's door. Kocaker told the dispatcher and the crime scene investigators that he needed to leave the scene because he might get into some trouble if he got involved. The first responders observed a deceased person—later identified as Stanton—lying on his back partially across the front seat of the cab.

It was determined that the inside of the cab had been set on fire, with the windows rolled up and the doors closed. A partially burnt wick was discovered on the passenger side, a burnt wick was stuck inside the neck of the gas tank, and a gas can was found in the front seat. Detective Karl Cruise opined that the fire most likely started on the floorboard area behind the passenger seat. Nothing in the outward appearance of the cab seemed unusual as a person would have been unable to see through the cab's windows from the outside due to an accumulation of soot, and the cab was parked properly. The State showed that Kocaker had prior knowledge that Stanton was deceased as he said, “there's a dead guy in a cab,” to the 911 dispatcher before reaching the cab.

Stanton's blood was found in the cab's trunk. A cut seatbelt, taken from the front passenger seat, was discovered in the trunk and also contained Stanton's blood. A forensic specialist presumed that the seatbelt was used to tie up Stanton. The cab's backseat had been pushed forward and set into the down position which blocked access to the rear doors' handles. The forensic specialist testified that Stanton had pushed down the backseat when he moved from the trunk to the front of the cab. There were smears found on the interior of the windows, which indicated that Stanton was moving around.

The medical examiner testified that Stanton had first and second degree burns on his face and extremities, a stab wound on his back most likely caused by a knife, and an incised wound across his neck. The medical examiner opined that Stanton's main cause of death was carbon monoxide with the contributing cause being the stab wound which was a major injury and would have been fatal without medical treatment. The medical examiner testified that Stanton was breathing during the fire because of the presence of soot in his trachea, but could not state whether Stanton was conscious.

A medium gray Fruit of the Loom t-shirt covered in Stanton's blood was found on the backseat of the cab.¹ The State showed that Kocaker's sister had purchased Kocaker's clothes during the summer of 2004,² including a medium gray Fruit of the Loom t-shirt, which could not be located in her house after the murder. Detective Thomas Klein did find a medium black Fruit of the Loom t-shirt in Kocaker's bedroom. The gas can found inside the cab was identified at trial as the gas can that was missing from Kocaker's sister's home.³

Detective James Beining testified about Kocaker's initial statement to the police pertaining to his discovery of Stanton's body. In his statement, Kocaker said that he walked through the front of the Eckerd store on his way home and then noticed items on the ground, including change and a driver's license. Kocaker observed that the cab door was slightly cracked open. Kocaker looked through the window and saw a man laid out on the seat. Upon opening the door, Kocaker discovered that the man was deceased. Kocaker then dialed 911. Eckerd's surveillance camera video refuted Kocaker's statement of the particular route he claimed to have taken before he approached Stanton's body, as the video showed Kocaker coming from the back of the Eckerd store. During this initial statement, Kocaker failed to mention that Stanton picked him up after he hailed his cab. Kocaker was at first unable to account for his time on the night in question, but he later told Detectives Klein and Keith Johnson that he went to an Albertson's, and met some people at a Wal–Mart who he partied with all night.⁴ Kocaker did not volunteer the names of these individuals.

The State also presented evidence that a few days before Stanton was murdered, Kocaker began purchasing crack cocaine from Antoine Powell. After running out of money, Kocaker tendered a necklace and a ring to Powell for more crack cocaine and told Powell that he intended to pay him for the return of his jewelry once he had the money. Powell testified that on August 31, 2004, Kocaker specifically told him that he wanted to have the jewelry returned later that night. According to Powell, on August 31, 2004, between 10:30 p.m. and 11:00 p.m., he received a call from Kocaker and was told to meet him at a Walgreen's—across the street from the Eckerd store—in fifteen minutes' time. Powell and Stephanie Brzoska subsequently picked up Kocaker at the Walgreen's. Powell testified that Kocaker was counting money in the backseat during the ride. Stephanie testified at trial that during the car ride, Kocaker said, “Don't believe everything you hear on the radio or see on TV.” They drove to a laundromat, and only Powell and Kocaker went inside. Powell observed Kocaker shaking and acting jittery, and he testified that Kocaker was wearing a white shirt with a lot of blood on it and said that he needed to clean it. Further, according to Powell's testimony, Kocaker asked him if he knew anyone who “want [ed] some killers on their team[?]” Powell responded, “What'd you do, rob somebody, kill somebody?” and Kocaker responded, “That's what I do.” Powell and Stephanie then dropped off Kocaker at the Bellaire Motel.

Thereafter, Powell and Stephanie retrieved the jewelry that Kocaker previously gave to Powell. Powell and Stephanie then picked up Kocaker, who was in different clothes. Kocaker possessed a bag which contained shoes, a shirt, and pants. Kocaker then gave Powell money in exchange for the jewelry. Powell testified that Kocaker exited the car with his bag and walked in between a 7–Eleven store and a laundromat, thereafter returning without the bag. ⁵ Powell and Stephanie then dropped Kocaker off again at the motel. Powell admitted at trial that he was previously convicted of sixteen or seventeen felonies.

Heidi Kalous testified that Kocaker had told her a few days before the murder that he had a knife in his motel room. Heidi also testified that on the night in question she observed Kocaker in a motel room wearing a white shirt inside out with blood all over it. Kocaker explained to Heidi that he had gotten into a fight; he then showered in the motel room and received a blue shirt from a man named Alvin. Later that night, Kocaker showed up at Heidi's house and requested a change of clothes.

The State also offered the testimony of Paul Sands, who testified to incriminating statements made by Kocaker. In November of 2004, both Kocaker and Sands were detained in a holding cell prior to being transported to the Pinellas County Jail. According to Sands, Kocaker told him that he was scared and did not want to return to Pinellas County because “he'd be going up the row for a long time.” Kocaker had also told Sands that he did not want to get the death penalty. In addition, Kocaker said that he had “burned somebody,” and that he “had to do what [he] had to do, it's justified.” Finally, Sands testified that after Kocaker had a telephone conversation with his sister from jail, Kocaker stated, “I wish I could kill that bitch, too.” Sands admitted to having six prior felony convictions.

Kocaker, a fifteen-time convicted felon, testified as the only defense witness. Kocaker admitted at trial that on the night in question he flagged down Stanton's cab from a store and told him to drive to the Bellaire Motel so that he could party.⁶ Stanton told Kocaker that he would not charge him for the cab ride if Kocaker could “hook him up” with a female at the motel, according to Kocaker. Upon arriving at the motel, Kocaker was unsuccessful in locating any females. Kocaker returned to the cab and saw Stanton with a female in the backseat. Stanton then furnished his cab keys to Kocaker. Kocaker drove the cab to a store to get cigarettes while Stanton and the female were “messing around.” Kocaker maintained that after driving the cab back to the motel he went inside a motel room while Stanton and the female remained in the cab. Kocaker asserted that he had no further contact with Stanton that night, but noted that a little while later he left the motel room and noticed a loud argument taking place...