People v. Barritt
| Decision Date | 14 October 2021 |
| Docket Number | 352253 |
| Parties | PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. JOHN EDWARD BARRITT, Defendant-Appellant. |
| Court | Court of Appeal of Michigan (US) |
UNPUBLISHED
Genesee Circuit Court LC No. 15-038224-FC
Before: Shapiro, P.J., and Borrello and O'Brien, JJ.
Defendant appeals as of right his jury trial convictions of second-degree murder, MCL 750.317;[1] second-degree arson, MCL 750.73(1); fourth-degree arson, MCL 750.75(1)(a); and tampering with evidence, MCL 750.483a(6)(a). Defendant was sentenced as a fourth-offense habitual offender, MCL 769.12 to 65 to 100 years' imprisonment for his second-degree murder conviction, 15 to 20 years' imprisonment for his second-degree arson conviction, three to five years' imprisonment for his fourth-degree arson conviction, and 7 to 10 years' imprisonment for his tampering with evidence conviction. Defendant also challenges the trial court's orders denying his postconviction motions for resentencing and for a new trial or a Ginther[2] hearing on the basis of ineffective assistance of counsel. We affirm.
This case arose from defendant's murder of the victim and his subsequent destruction of evidence by disposing of her body in the Flint River and burning her car, which also resulted in the burning of an abandoned house near the burning vehicle. Defendant was in a dating relationship with the victim and lived with her in her trailer in Homer, Michigan. Also in the home were a number of common and exotic pets, including dogs and raccoons. The victim supported defendant financially and provided him with transportation. According to defendant, he repaid the hospitality with hard labor around the trailer and property. In March 2015, the victim added coverage to a vehicle she owned, and ten days later, she and defendant were in a single-car accident in that vehicle. The victim was permitted to rent a red 2015 Fiat under her insurance policy. The automobile in the accident was totaled, and the victim was paid $3, 600 for the replacement value.
Days after receiving that insurance payment, the victim was killed by blunt force trauma to the head and chest, along with strangulation. On May 1, 2015, with cash in hand, defendant drove in the Fiat to Flint, Michigan, where he had friends who used crack-cocaine. Before noon on that day, defendant spoke with Donald Henshaw, showed him the victim's body in the trunk, and purchased a significant amount of crack-cocaine. Defendant and Henshaw used drugs over the course of the day. Eventually, defendant left in the Fiat and drove to see Casey Hager, formerly Casey Tost, who he also knew to use crack-cocaine. When he arrived, Casey introduced defendant to her husband, Ronald Hager, using a false name. Defendant did not correct her.
For the remainder of May 1, 2015, and much of May 2, 2015, defendant and Casey purchased and used crack-cocaine. On the evening of May 2, 2015, defendant drove Casey to the home of her daughter, Rian Tost, who borrowed money from Casey. Rian testified that she believed the money actually came from the man with whom Casey had arrived because Casey never provided Rian $200 before. After leaving Rian's home, defendant asked Casey if she knew how to access the Flint River. Casey directed defendant to a remote location where a car could get close to the river. Once they arrived, defendant exited the Fiat and walked around the back. Casey, believing defendant was planning to throw trash in the river, got out of the car to help. When she walked to the back of the vehicle, however, she noticed the victim's body covered with blankets and sweatpants. Casey testified that she refused to help defendant, even after he threatened to kill her and Ronald with a syringe, so defendant moved the victim's body from the Fiat to the Flint River by himself. He and Casey then drove back to her home and continued to use crack-cocaine.
The next morning, defendant left Casey's home in the Fiat. Michael McBean, who happened to be driving down a main street about one block from Casey's home, saw a man he later identified as defendant setting fire to a red Fiat. The fire from the car eventually spread to a nearby abandoned house, completely destroying both the Fiat and the house. Defendant returned to Casey's home on foot. Shortly after, Casey recalled hearing sirens and seeing smoke, but did not investigate. A number of the victim's personal items, including prescription bottles with her name on them, were found in the trashcan behind Casey's home, which allegedly were placed there by defendant. The victim's wallet and driver's license were found in the parking lot of a nearby church, about one block from Casey's home.
On the night of May 3, 2015, Casey and defendant went to a motel to party and use more crack-cocaine. They drove there with Ron Greenway and Janel Simons. The next morning, Casey's husband picked up Casey from the motel and drove her home. Defendant had to appear in court that day, and afterwards Greenway drove him to the victim's trailer in Homer. When he arrived at the trailer, police were performing a wellness check after the burned Fiat had been connected to the victim. Defendant agreed to partake in an interview at the police station. Defendant was arrested at the end of the interview. Casey also spoke to police the same day, May 4, 2015, and ultimately led them to the victim's body. The body was removed from the river and sent for an autopsy, which revealed that the victim's stomach contained partially digested food. The doctor performing the autopsy testified that the victim likely died within four to six hours after ingesting the food.
About 13 months later, the defense and the prosecution were prepared to begin trial. Just before that, however, defendant moved to suppress his statement to the police, claiming a violation of his rights under Miranda.[3] The trial court granted the motion after an evidentiary hearing. After an interlocutory appeal, remand proceedings, and a second interlocutory appeal, the trial court's decision was ultimately affirmed. Trial commenced about three months after the appeals ended.
During trial, evidence was introduced establishing that defendant's DNA was found under the fingernails of the victim, and photographs showed that defendant's arms and hands were scratched and scabbed when he was arrested. The police also found a small spot of the victim's blood on a pillowcase in her trailer, and found evidence of cooked food in the trailer that matched the food in the victim's stomach. The prosecution also elicited testimony from two individuals, Caesar Cooper and Jason Malm, who had shared a jail cell with defendant while he waited for trial. They both testified that defendant confessed to killing the victim and disposing of her body.
The defense engaged in a multipronged attack on the prosecution's case, which involved challenging witnesses' memories and eyewitness identification considering the lengthy delay before trial, undermining the credibility of the jailhouse witnesses, questioning the absence of other DNA testing, and shifting blame to Casey and Henshaw as the likely perpetrators of the crime. Defendant decided to testify on his own behalf, and presented a story in which the victim left Casey's home with Casey on May 1, 2015, and never returned. He acknowledged his testimony was significantly different from what he said to the police on May 4, 2015.
The jury convicted defendant as already noted, and the trial court sentenced defendant as reflected above. This appeal followed.
While the appeal was pending, defendant moved the trial court for resentencing, arguing that Offense Variable (OV) 2 had been improperly scored, resulting in a reduction in the minimum sentencing guidelines range. Defendant also moved for a new trial or a Ginther hearing on the basis of ineffective assistance of counsel. Defendant contended that his trial counsel should have raised a speedy-trial claim considering the lengthy pretrial delay. Defendant also asserted that trial counsel was ineffective for failing to introduce beneficial evidence, to object to hearsay testimony, to object to improper jury instructions, and to request additional instructions. In written opinions and orders, the trial court denied defendant's motions for resentencing and for a new trial or a Ginther hearing. Defendant then moved this Court to remand for a Ginther hearing, which this Court denied without prejudice.[4] The case is now before us for plenary review.
On appeal, defendant continues to argue that his trial counsel was ineffective in a number of ways such that we must either reverse his convictions and dismiss the charges against him or remand for a Ginther hearing. We disagree.
Defendant preserved his claim of ineffective assistance of counsel when he "move[d] the trial court for a new trial or a Ginther hearing." People v Jackson (On Reconsideration), 313 Mich.App. 409, 431; 884 N.W.2d 297 (2015). Despite preserving the issue, "because no Ginther hearing was held, our review is limited to mistakes apparent on the record." People v Payne, 285 Mich.App. 181, 188; 774 N.W.2d 714 (2009).
"The denial of effective assistance of counsel is a mixed question of fact and constitutional law, which are reviewed respectively, for clear error and de novo." People v Schrauben, 314 Mich.App. 181, 189; 886 N.W.2d 173 (2016) (quotation marks and citation omitted). A trial court's factual findings related to a speedy-trial claim are reviewed for clear error. People v Williams, 475 Mich. 245, 260; 716 N.W.2d 208 (2006). A trial court's decision whether to grant an evidentiary hearing, such as a Gin...
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