Parks v. State, 2015–KA–01607–COA

• Decision Date: 07 February 2017
• Docket Number: NO. 2015–KA–01607–COA,2015–KA–01607–COA
• Citation: 228 So.3d 853
• Parties: George Lee PARKS a/k/a George Lee Parks, III a/k/a George L. Parks, III a/k/a George Parks, III, Appellant v. STATE of Mississippi, Appellee
• Court: Mississippi Court of Appeals

228 So.3d 853

George Lee PARKS a/k/a George Lee Parks, III a/k/a George L. Parks, III a/k/a George Parks, III, Appellant

v.STATE of Mississippi, Appellee

NO. 2015–KA–01607–COA

Court of Appeals of Mississippi.

February 7, 2017

Rehearing Denied April 4, 2017

ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: GEORGE T. HOLMES

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BARBARA WAKELAND BYRD

BEFORE GRIFFIS, P.J., BARNES AND CARLTON, JJ.

CARLTON, J., FOR THE COURT:

¶ 1. Pursuant to a multicount indictment, a Harrison County jury found George Parks guilty of two counts of sexual battery, one count of aggravated assault, one count of kidnapping, and one count of possession of a controlled substance.¹ Parks now appeals his convictions and sentences. On appeal, he asserts the following issues:² (1) whether the circuit court erred by denying his motion to dismiss the indictment; (2) whether he was improperly arraigned; (3) whether his right to a speedy trial was violated; (4) whether the circuit court erred by denying his motion for new appointed counsel; (5) whether the circuit court erred by denying his motion to suppress evidence; (6) whether the circuit court erred by allowing the State to use evidence of his prior bad acts; (7) whether he was denied the right to a public trial; (8) whether his attorney provided ineffective assistance of counsel; (9) whether prosecutorial misconduct denied him a fair trial; (10) whether the circuit court erred by granting the State's proposed jury instruction S–6; and (11) whether the circuit court erred by denying his request for bail pending appeal.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. On the evening of August 27, 2014, Officer Michael Warren of the Biloxi Police Department responded to a dispatch about a stabbing victim at Biloxi Regional Medical Center (now called Merit Health Hospital). Officer Warren proceeded to the hospital, where he interviewed the reported victim, Desiree Stringer, and photographed her injuries. Based on the information Stringer provided, officers were dispatched to Parks's residence.

¶ 4. Along with others, Officer Bryan Wallace of the Biloxi Police Department responded to the dispatch to Parks's residence. Officer Wallace testified that Parks exited the residence and met the officers in the front yard. Officer Wallace stated that Parks had a large amount of dried and fresh blood on his left hand, and his right hand was swollen. Officer Wallace testified that he asked whether Parks had anything in his pockets that could cause harm. After Parks answered that he did not, Officer Wallace asked for permission to search Parks's pockets. Officer Wallace testified that Parks consented to the search. In Parks's shirt pocket, Officer Wallace discovered a plastic cellophane bag containing two off-white rocks. The jury later heard expert trial testimony that the two rocks were cocaine.

¶ 5. Officer Wallace testified that he and another officer conducted a safety search of Parks's residence to ensure that no other victims, suspects, or persons needing medical attention were inside the home. Officer Wallace stated that the safety search lasted about two minutes. During the safety search of Parks's home, Officer Wallace observed marijuana cigarettes in plain view as well as a large amount of dried blood on the floor, the walls, and a bedroom mattress. After completing the safety search, Officer Wallace escorted Parks to the hospital to receive medical treatment for any possible injuries. Officer Wallace testified that, during the car ride, Parks said a woman named "Paige" did his laundry and that she must have put the cocaine in his shirt pocket. The jury later heard trial testimony that one of the State's other witnesses, a woman named Tonda Adkisson, also went by the name of "Summer Paige Williams."

¶ 6. After obtaining a warrant, law enforcement performed a search of Parks's residence and collected evidence. Nathan Holly, an employee of the Mississippi Forensics Laboratory, testified as an expert in forensic DNA analysis. Holly testified that he performed a DNA analysis on blood swabbed from a knife found in Parks's residence and on blood swabbed from the back of Parks's left hand. According to Holly, each swab contained a DNA mixture of both Parks's and Stringer's blood.

¶ 7. The jury also heard testimony from Stringer. Stringer stated that she had known Parks for approximately four years and that the two had once worked for the same cab company. Stringer testified that she had even rented a room in Parks's house for several months about three years previously while she saved money to buy her own house. Stringer further testified that, on only one occasion about three-and-a-half to four years previously, she and Parks had been intimate.

¶ 8. At the time of the alleged incident in August 2014, Stringer lived in Bogalusa, Louisiana, with her mother. Stringer testified that she traveled to Biloxi, Mississippi, on August 25, 2014, to stay several nights at Parks's home and to hang out. Stringer stated that she intended to stay in Parks's guest bedroom. On the evening of August 26, 2014, Stringer testified that she and Parks went to pick up Adkisson, whom they both knew. Stringer testified that, upon arriving at Adkisson's home, she went inside to get Adkisson. Stringer stated that Parks appeared irritated when the two women returned to the car. According to Stringer, Parks was irritated because they were not going to be able to stop by the liquor store before closing time.

¶ 9. Stringer further testified that, as she drove down the highway, Parks accused Adkisson of hitting him and calling him a derogatory name. However, Stringer stated that Adkisson did neither of these things. Stringer testified that Parks, who was sitting in the front passenger seat, turned around and began slapping and punching Adkisson, who was seated directly behind him. Stringer said that she pulled over and broke up the altercation. Stringer further stated that Parks then exited the car and began walking down the road. Stringer and Adkisson then drove back to Adkisson's house.

¶ 10. Stringer testified that she decided to collect her stuff from Parks's house and to then return to Adkisson's house to spend the night. However, Stringer stated that Parks was already at his house when she arrived. According to Stringer, Parks was angry and began asking Stringer questions about whether Adkisson was cheating on him, whether Adkisson loved him, and whether Adkisson loved Stringer more than him. Stringer testified that Parks did not like her responses and began making superficial cuts on her legs with a knife. Stringer further testified that Parks called her names and ordered her to stay at his house and answer his questions. In addition, Stringer said Parks threatened to cut off her hand if she moved.

¶ 11. Despite Parks's threats, Stringer said that she tried to run into the laundry room that adjoined Parks's bedroom. However, Stringer testified that Parks grabbed her by her hair, flung her to the ground, kicked her in the head three times, and cut her with the knife. Stringer further stated that Parks dragged her back into his bedroom and made her sit on the bed. She said that he then placed a television in front of the door to prevent her from leaving the bedroom. Stringer testified that she also tried to hide underneath Parks's bed at one point. However, she said that Parks began to jump up and down on the bed and that he stabbed her with a broken golf club, which cut her face.

¶ 12. Stringer further testified that Parks said the cutting and the beating were really intended for Adkisson. At one point, Stringer said Parks thought he heard the police. Stringer stated that Parks made her sit on his lap while he held the knife to her throat. Stringer testified that Parks said he would slit her throat and kill her and then kill himself.

¶ 13. Although she had her clothes on when the altercation started, Stringer testified that Parks took her clothes off. Stringer testified that Parks said he was going to have sex with her since he could not have sex with Adkisson. Stringer testified that Parks grabbed her legs, and when she would not open her legs, he cut her on the back of her legs and on her bottom to force her to open her legs. Stringer stated that Parks then put his penis in her vagina. He then grabbed her by her hair and stuck his penis in her mouth. She testified that he said he would stab her in the top of her head if she bit him.

¶ 14. Overall, Stringer estimated that Parks held her against her will and assaulted her for seventeen to nineteen hours. She testified that Parks cut her all over her body, including her head, neck, arm, back, knees, ankles, legs, and hands. Toward the end of the ordeal, Stringer testified that Parks forced her to smoke methamphetamine. Stringer said Parks told her that she needed to smoke the methamphetamine to calm down. Stringer further testified that she began to notice she was no longer bleeding, and she thought she had become dehydrated. Stringer stated that she eventually convinced Parks that she could get Adkisson to see him. Stringer testified that Parks then cleaned up, changed clothes, and brought her some clothes to wear.

¶ 15. As they were driving to Adkisson's house, Stringer testified that Parks told her to just take him back to his house. Stringer testified that she refused to go back inside Parks's house and that he got out of the car and told her to do what she had to do. Stringer stated that she then drove immediately to the hospital.

¶ 16. Jennifer Guice, an emergency-room nurse, testified that she was working on August 27, 2014, when Stringer arrived at the hospital. Guice testified that Stringer was very weak and required urgent medical attention. Stringer told Guice that she had been beaten, stabbed, kicked, punched, and held hostage. According to Guice, Stringer had bruises, scrapes, lacerations, and dried blood all over her body....