Lawshea v. State

• Decision Date: 03 December 2009
• Docket Number: No. CR 09–629.,CR 09–629.
• Citation: 2009 Ark. 600,357 S.W.3d 901
• Parties: Kenneth Lee LAWSHEA, Appellant, v. STATE of Arkansas, Appellee.
• Court: Arkansas Supreme Court

2009 Ark. 600

357 S.W.3d 901

Kenneth Lee LAWSHEA, Appellant,

v.STATE of Arkansas, Appellee.

No. CR 09–629.

Supreme Court of Arkansas.

Dec. 3, 2009.

Lott Rolfe, IV and Gerald A. Coleman, North Little Rock, for appellant.

Dustin McDaniel, Att'y Gen., by Brad Newman, Ass't Att'y Gen., for appellee.

JIM GUNTER, Justice.

Appellant Kenneth Lawshea was convicted as an accomplice in the murder of Shirley Barnett–Lambert, who was stabbed to death in her home on July 14, 2007. Appellant now appeals his conviction, arguing that the State failed to prove he acted with premeditation and deliberation. Because this is a criminal appeal in which life imprisonment has been imposed, this court has jurisdiction pursuant to Ark. Sup.Ct. R. 1–2(a)(2). We affirm appellant's conviction.

In a felony information filed November 21, 2007, appellant was charged with capital murder in the death of Shirley Barnett–Lambert. Appellant waived his right to a jury trial, and on February 18 and 19, 2009, a bench trial was held. The following pertinent testimony was presented at trial. David Flora, head of the Criminal Investigation Division of the Blytheville Police Department, testified that, in July 2007, his caseload consisted of mostly drug cases and that Shirley Lambert was one of his confidential informants. He testified that she was a key witness in a case against Joseph Sherman (a.k.a. “Handy”), that she was scheduled to testify on July 23, 2007, and that she was murdered on July 14, 2007.

Billy Lambert, the victim's husband, testified that he and Lambert had been married for two years. He testified that he had been in prison before and that he knew appellant from prison. He also testified that he was unaware that appellant and Lambert had sometimes used drugs together.

Bobby Trump, the current Gosnell Police Department Commissioner, was a detective for the Blytheville Police Department at the time of the murder. He testified that he was one of the lead detectives on the case. Trump testified that, at the crime scene, there was blood splatter on the side of the house next to the carport door; a yellow shirt with bloodstains on it lying on the kitchen floor, and blood smears on the bedroom door. The victim was found lying on the floor in the bedroom. Trump testified that the blood splatter on the wall, as well as the blood on the yellow shirt, matched the blood of Clarence Kelly.¹ The yellow shirt was identified as belonging to Billy Lambert, who said the shirt had been hanging on a clothes rack in the bedroom. The blood on the bedroom door was identified as a mixture of the victim's blood and appellant's blood. Trump testified that the victim had a black eye and had received some type of blunt force injury. The victim also had numerous slash marks and stab wounds around her neck area, wounds on her arms and hands, and several deep lacerations to her face.

Trump also testified that the police had received a couple of anonymous tips stating that two men were seen leaving the victim's house approximately thirty minutes before the police arrived, that the men got into a red car, and that one of the men was believed to be appellant. Trump testified that on July 20, 2007, appellant was picked up on a warrant issued for failure to make payments and was questioned about the murder. Trump testified that, when he approached the holding cell, he noticed a large band-aid over appellant's hand. Appellant told Trump that he had cut his hand on a beer bottle. The detectives photographed the cut and gave appellant a new band-aid. The detectives also fingerprinted appellant and took palm prints, and in the process got ink on the band-aid, so appellant was given a second clean band-aid. Trump testified that appellant denied any involvement in the murder. Trump stated that after the interview was over, he sent the two used band-aids to the crime lab, and the DNA from the band-aids matched the DNA found on the bedroom door.

Trump testified that, after receiving this positive DNA match, he submitted an affidavit for an arrest warrant. Detectives located appellant in Cleveland, Ohio, where he was taken into custody by local authorities. Trump testified that he went to Cleveland and obtained an oral DNA swab from appellant, which was also a positive match to the DNA found on the bedroom door. Trump testified that he transported appellant back to Blytheville. Trump also clarified for the court that the murder weapon had not been retrieved.

Steve Caudle was another detective for the Blytheville Police Department who participated in the investigation. He testified that he first came in contact with appellant during the traffic stop that occurred on July 20, 2007, and that at that time, appellant denied any knowledge of the murder. Caudle next came in contact with appellant on September 27, 2007, when he went to Cleveland, Ohio, to arrest appellant. Caudle testified that, at first, appellant again denied being at the murder scene, but, after being confronted with the DNA evidence, appellant later spoke to him about the murder in Cleveland and on the way back to Arkansas. Caudle testified that a taped statement was taken on September 28, 2007, after appellant waived his rights. The taped statement was then played for the court.

In his statement, appellant explained that he had been approached by his girlfriend's brother, Clarence Kelly, about making some “quick easy money” by murdering Shirley Barnett (Lambert), for which they would be paid $7500. Kelly told appellant that Handy (Joseph Sherman) and Willie Ivory had put the hit on Shirley Barnett. Appellant told Kelly that he wasn't interested, but Kelly continued to ask him about it several more times. One morning, Kelly came to his house and asked if he had any “stems” to smoke dope with and suggested they go get one from Lambert.² Appellant agreed, and he, Kelly, Angela (appellant's girlfriend and Kelly's sister), and another man called “Shorty Gimp” went to Lambert's house. They drove to Lambert's house in a red, four-door Malibu or Impala. Appellant went into Lambert's house alone, but once inside, Kelly also entered the house behind him. Lambert went to the back bedroom to get the stem, and Kelly followed her. After a few minutes, appellant heard a “clump” sound and went to see what was going on. He entered the bedroom and saw Kelly on the floor, sitting on Lambert and stabbing her with a knife. Appellant said he attempted to stop Kelly, but Kelly stabbed him, too. Appellant stated that he then ran out of the house because he didn't want anything to do with what was happening.

Appellant also stated to Caudle that, after the murder, Kelly came to his house and gave him $200 as hush money. He also stated that a few days after he was questioned by the police on July 20, he was beaten up by several men, who told him to keep his mouth closed. He said the men then took him to a bus station in Sikeston, Missouri, and gave him another $200. He said the men were driving the same red car, which he identified as belonging to Kelly's wife.

Appellant also explained in his statement that he had been having an affair with Lambert since April and that Kelly knew he was seeing her. He stated that Kelly had used him to get to Lambert, because she was not the type of person to just let anyone into her house. He also stated that he had gone with Kelly to see Willie Ivory and Handy a couple of times. He said he saw Willie give Kelly balls of dope, and he saw Handy give Kelly some money. He said he did not know how much money Kelly received from Handy or Willie.

Dr. Daniel Konzelmann, a medical examiner for the State, testified that the victim's cause of death was stab and cutting wounds with blunt force injuries. Dr. Konzelmann stated it was a homicide, and the appearance of the body indicated that there was likely a struggle. He testified that the victim had approximately forty-seven stab wounds. On cross- examination, he testified that in similar situations, there have been instances where the perpetrator injured him or herself in the attack, and depending on how the knife was held, injuries may occur on the palm of the hand or on the inside of the fingers. Regarding the picture of appellant's wound on his hand, Dr. Konzelmann testified that if the picture was taken five or six days after the injury was received, it would be hard to tell if it was caused by a knife, because the amount of healing makes it hard to tell what the original injury was. He testified it was not a typical stab wound because it was not deep.

After the State rested, appellant moved for a dismissal, arguing that there was “no evidence of a premeditated, deliberate murder on behalf of the Defendant.” ³ The State argued that, based on appellant's statement alone, there was proof of premeditation, because appellant stated he had been approached by Kelly several times about killing Shirley Barnett, and that appellant had brought Kelly over to the victim's house the day of the murder. The motion was denied.

Appellant then testified and explained that he knew Kelly through Kelly's sister, Angela, whom he had known for about twenty-five years. He testified that, in January 2007, he had recently moved back to Arkansas from Ohio to help Angela take care of her children. He stated that he saw Kelly and that Kelly told him he “knew a lick” that would pay about $7500, that “it would take two people to do her,” and that it “would have to be with somebody he could trust.” Appellant said he thought Kelly was referring to a robbery, but after he was told it was a hit on Lambert, he told Kelly he “didn't do anything like that.”

Appellant testified that Kelly asked him about the hit again in February, and he again said he was not interested. Appellant said he began using drugs, and his drug addiction got “real bad.” He testified that, around the end of March, he was walking late one night and saw Lambert drive by. She stopped and asked appel...