Manning v. State

• Decision Date: 21 November 1979
• Docket Number: Nos. 51098,52782,s. 51098
• Citation: 378 So.2d 274
• Parties: 5 Media L. Rep. 2428 Derrick Mo'Mey MANNING, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

Page 274

378 So.2d 274

5 Media L. Rep. 2428

Derrick Mo'Mey MANNING, Appellant, v. STATE of Florida, Appellee.

Nos. 51098, 52782.

Supreme Court of Florida.

Nov. 21, 1979.

Rehearing Denied Jan. 28, 1980.

Robert G. Murrell of the Law Offices of Sam E. Murrell & Sons, Orlando, for appellant.

Jim Smith, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant, Manning, was convicted of the premeditated murder of two Columbia County sheriff's deputies and sentenced to death. We have jurisdiction to review this case under article V, section 3(b)(1), Florida Constitution. We determine that the trial court abused its discretion in denying appellant's motion for change of venue.

In the early morning of July 6, 1976, two sheriff's deputies were killed while investigating an alleged attempted sexual battery. Shortly after the officers were shot, appellant Derrick Manning, a twenty-three-year-old black male from another county, was stopped, arrested, and charged with the two murders. The deputies found a .22 caliber automatic rifle similar to that used in the killings in Manning's vehicle at the time of his arrest. Manning made incriminating statements to the police concerning his involvement in the crime. He alleges that these statements were the result of police coercion, beatings, and threats against his life. Upon the advice of the local state attorney, the Governor of Florida requested a transfer of appellant to a county jail outside Columbia County in order to ensure the appellant's safety while awaiting trial. The trial court ordered the transfer. These tragic deaths became the "main topic of conversation" in this small rural community. Coverage of this crime by local news media was intense.

The sheriff's department and state attorney's office released to the press their versions of the facts and circumstances in the shooting incident. In addition, the prosecutor released to the press the names of the primary witnesses to the crime. The prosecutor told the local newspaper the substance of the initial testimony given to the state attorney's office by these alleged eyewitnesses. Similarly, the sheriff discussed evidence gathered during the investigation, including in his statements conclusions implying a total lack of justification on behalf of the appellant in the shootings. The versions of the incident related by the sheriff and prosecutor to the local newspaper were in conflict with the version of the events given by the appellant in a statement to law enforcement officials shortly after his arrest.

Appellant was represented in these trial proceedings by an Orlando law firm. The local public defender's office was granted a request to be dismissed from handling the defense apparently because of friendships with the slain police officers. Appellant's attorney filed a motion for change of venue, alleging that a fair and impartial trial could not be conducted in Columbia County; that there had been wide publicity given to the case through the newspapers published or circulated in Columbia County; that by reason of the inordinate publicity by these newspaper accounts concerning the offense, there was pronounced prejudice and hostility towards the accused which would make the securing of an impartial jury practically and psychologically impossible; that the general state of mind of the inhabitants of Columbia County was affected by knowledge of the incident, which was accompanied by such prejudice, bias, and preconceived opinions that it would not be possible to obtain a fair and impartial jury; that the defendant would not receive a fair and impartial trial in Columbia County because of undue prejudice and sympathy for the alleged victims; that the alleged victims and their families were residents of Columbia County whereas the defendant was not a resident; that the alleged victims were law enforcement officers employed by the county sheriff's office, and there had been widespread discussion and comment among the citizens of Columbia County to the prejudice of the defendant; and, that by reason of the crime charged, it was necessary for the safety of the defendant that he be transferred to a jail outside Columbia County upon the advice of the state attorney and the Governor of Florida. The defense attached various newspaper articles to the motion, as well as affidavits of fifteen persons, including the defendant, stating that because of bad feelings and prejudice against the defendant and because of the adverse publicity concerning the case, the affiants were convinced by reason of personal observations and knowledge of the conduct and statements by various persons in Columbia County that the defendant could not receive a fair and impartial trial in that county. In addition, the defendant alleged that local police officers made various threats against his life, physically and verbally abused him, and harassed his mother when she came to visit him in jail. The state attorney filed a traverse in opposition to the defendant's motion for change of venue, alleging that the transaction out of which the charges arose had not been given undue publicity in the area to such extent that a change of venue was required, and that the only way to determine whether an impartial jury could be successfully chosen was to attempt to impanel one. The prosecutor attached affidavits of residents of that area alleging that the defendant could receive a fair trial in the community. The trial court denied the motion for change of venue conditioned upon the ability to select a fair and impartial jury. The voir dire inquiry established that every member of the jury panel had prior knowledge of the alleged crimes through news media accounts and community discussion. The jury ultimately selected found the appellant guilty and recommended the imposition of the death penalty.

Recently, in Hoy v. State, 353 So.2d 826 (Fla.1977), this Court rejected an assertion that the trial court erred in denying a motion for change of venue because of extensive pretrial publicity. During the voir dire in that case, the prospective jurors were questioned extensively as to their prior knowledge of the case. That record disclosed that a great many of the prospective jurors had heard nothing about the case. The allegedly inflammatory articles were contained in the local Clearwater paper, whereas most of the prospective jurors who had prior knowledge of the case had read brief accounts of it in the St. Petersburg paper. This Court determined from the record that there was a lack of evidence showing a significant inflammatory atmosphere in the community. The jurors who were chosen were completely impartial and were not prejudiced by pretrial publicity. None of the jurors had read any of the alleged inflammatory articles.

Similarly, claims of prejudice for failing to change venue were rejected in McCaskill v. State, 344 So.2d 1276 (Fla.1977); Dobbert v. State, 328 So.2d 433 (Fla.1976); Aff'd Dobbert v. Florida, 432 U.S. 282, 97 S.Ct. 2290, 53 L.Ed.2d 344 (1977); Murphy v. Florida, 421 U.S. 794, 95 S.Ct. 2031, 44 L.Ed.2d 589 (1975); Thomas v. State, 374 So.2d 508 (Fla.1979).

In McCaskill v. State, this Court adopted the test set forth in Murphy v. Florida and in Kelley v. State, 212 So.2d 27 (Fla.2d DCA 1968), for determining whether or not to grant a change of venue. According to that test, a determination must be made as to whether the general state of mind of the inhabitants of a community is so infected by knowledge of the incident and accompanying prejudice, bias, and preconceived opinions that jurors could not possibly put these matters out of their minds and try the case solely on the evidence presented in the courtroom.

An application for change of venue is addressed to the sound discretion of the trial court, but the defendant has the burden of coming forward and showing that the setting of the trial is inherently prejudicial because of the general atmosphere and state of mind of the inhabitants in the community. A trial judge is bound to grant a motion for a change of venue when the evidence presented reflects that the community is so pervasively exposed to the circumstances of the incident that prejudice, bias, and preconceived opinions are the natural result. The trial court may make that determination upon the basis of evidence presented prior to the commencement of the jury selection process, See Rideau v. Louisiana, 373 U.S. 723, 83 S.Ct. 1417, 10 L.Ed.2d 663 (1963), or may withhold making the determination until an attempt is made to obtain impartial jurors to try the cause. Murphy v. Florida.

The motion for change of venue in this case was amply supported by evidence which established that the community was so pervasively exposed to the circumstances of this incident that the defendant could not secure a fair and impartial trial in Columbia County. Every member of this prospective jury had knowledge of exparte statements of the evidence against the accused. The record further reflects that hostility existed in the community against the accused to the extent that it would be difficult for any individual to take an independent stand adverse to this strong community sentiment. The fact that the victims were well-liked caucasian deputies of the local sheriff's department and the accused was a young black male from outside the community clearly magnified the problems involved in securing a fair trial in Columbia County. The facts in this case are clearly distinguishable from the factual circumstances existing in McCaskill v. State, Hoy v. State, Thomas v. State, Kelley v. State, Murphy v. Florida, and Dobbert v. Florida. These were different facts under different circumstances, not the least of which was the fact that this incident occurred in a rural community where it is apparent that the incident had received substantially more attention than if the same incident had occurred in a...