People v. Mack

• Court: Court of Appeal of Michigan
• Writing for the Court: PER CURIAM
• Citation: People v. Mack, 190 Mich.App. 7, 475 N.W.2d 830 (Mich. App. 1991)
• Decision Date: 18 June 1991
• Docket Number: Docket No. 110424
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jesse James MACK, Defendant-Appellant.

Page 830

475 N.W.2d 830

190 Mich.App. 7

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jesse James MACK, Defendant-Appellant.

Docket No. 110424.

Court of Appeals of Michigan.

Submitted Nov. 6, 1990, at Detroit.

Decided June 18, 1991, at 9:10 a.m.

Released for Publication Oct. 28, 1991.

Frank J. Kelley, Atty. Gen., Gay Secor Hardy, Sol. Gen., John D. O'Hair, Pros. Atty., Timothy A. Baughman, Chief of Research, Training, and Appeals, and Reilly Wilson, Asst. Pros. Atty., for the People.

Chodak & Robiner by Norman R. Robiner, Detroit, for defendant-appellant on appeal.

Before REILLY, P.J., and WAHLS and DOCTOROFF, JJ.

PER CURIAM.

On June 15, 1988, following a jury trial in the Detroit Recorder's Court, defendant was convicted of two counts of second-degree murder, M.C.L. Sec. 750.317; M.S.A. Sec. 28.549; four counts of first-degree murder, M.C.L. Sec. 750.316; M.S.A. Sec. 28.548; and one count of possession of a firearm during the commission of a felony, M.C.L. Sec. 750.227b; M.S.A. Sec. 28.424(2). ¹ Before sentencing, the trial court vacated two of the first-degree murder convictions and one of the second-degree murder convictions. On July 1, 1988, defendant was sentenced to a term of life in prison without parole for the first-degree murder convictions, twenty to fifty years in prison for the second-degree murder conviction, and two years for the felony-firearm conviction. We affirm.

On March 12, 1988, at approximately 3:00 a.m., Nathaniel Wrice was awakened by the sound of voices outside his Detroit residence. Subsequently, the witness heard six gunshots. Startled, Wrice arose and looked out his front door, where he observed a body lying in the street approximately one foot from the curb. Lucinda Jones, a neighbor, also heard the voices, followed by gunshots, and immediately thereafter observed a car speeding away from the area. The police were called and arrived approximately twenty minutes later. The first officer on the scene observed the gunshot victim, later identified as William Aaron Rice, Jr., age thirty-two, lying in the street with a wound to the left side of his head. The victim was pronounced dead at the scene. According to the medical examiner, Mr. Rice, who was shot six times, died of multiple gunshot wounds, fired from close range.

At approximately 4:45 a.m., also on March 12, 1988, Haymon Jones was returning to his Detroit home when he observed a woman lying partially in the street and partially on a lawn. The witness telephoned the police, who arrived shortly thereafter. The first officer on the scene observed that the woman, later identified as Jacqueline Rice, age thirty-two, was lying in a pool of blood. The victim, who was the wife of William Aaron Rice, Jr., was transported to Mt. Carmel Mercy Hospital, where she later died. According to the medical examiner, Mrs. Rice died as the result of sustaining a single gunshot wound to the chest.

Investigating officers Browner and Harvee of the Detroit Police Department went to the decedents' address, a two-story flat located on Roselawn Street. The door to the upper flat, where the Rice family resided, was standing wide open. The officers entered and discovered three-year-old William Rice, III, asleep, untouched, and unharmed. It appeared that a card game had been in progress and there were no signs of a struggle, or that the home had been ransacked or burglarized. The home was dusted for fingerprints, and prints belonging to the decedents and defendant were found on several vodka bottles and drinking glasses.

On March 13, 1988, at approximately 5:30 p.m., Arthur Mitchell was walking home when he observed the body of a young girl with pink curlers in her hair lying in the street. The body was wrapped in what appeared to be a bedspread. The police, who were immediately summoned to the area, observed that the girl, later identified as Tameka Rice, age eleven, was nude and her mouth was stuffed with a nylon and bound with tape. The victim was pronounced dead at the scene.

Through laser technology, hair and fiber samples were collected from Tameka's body. The laser also revealed a hand print on the victim's inner thigh and a smeared substance on her groin and buttocks areas. Through color fluorescence, the smears were found to match a similar smear sample taken from a condom found in defendant's home. A black animal hair was found on the condom which matched animal hairs removed from the victim's mouth. According to the medical examiner, the victim died of ligature strangulation most likely caused by the application of a dog leash. The medical examiner also found a small tear on the skin of the victim's anus, along with rectal bruising.

Jerome Calvin testified at trial that on March 12, 1988, in response to a message left on his beeper, he telephoned defendant. Defendant stated that there was something "very important" that he needed to discuss and asked Calvin to come to his home. Calvin went to defendant's home, arriving around noon. A conversation ensued between defendant and Calvin, during which defendant stated that he "had to take someone out last night." Defendant went on to say that he had to kill a man, a woman, and a little girl because they owed him money. Calvin looked at defendant in disbelief, leading defendant to state, "Well, I'm going to tell you what really happened." Defendant then proceeded to give Calvin a second account.

Defendant told Calvin that he drove the man to a remote location where they both got out of the defendant's vehicle. Defendant then shot the man once. The man called out "Jesse" and defendant proceeded to shoot the man several more times in the body and head. Defendant then stated that he drove to the man's home and told the man's wife that her husband had sent for her. Defendant drove the woman to a second location and ordered her from the car. The woman became hysterical and refused to leave the vehicle. Defendant, who indicated that he only had one bullet remaining, shot the woman in her side and pushed her out of his car. Continuing, defendant stated that he went back to the decedents' home to pick up their little girl because she had seen him with her parents. When defendant arrived, a little girl and boy were present. Defendant took the girl, leaving the boy behind. When Calvin asked defendant why he returned to the decedent's home a third time, defendant responded that the "real reason" was that when he saw the little girl, he felt he "had to have her."

Calvin became alarmed at defendant's account and slowly made his way out the door of defendant's home and stood on the porch. As Calvin was about to leave, defendant stated, "Come here. I want to show you something." Calvin followed defendant into the basement of the home where he observed a little girl sitting on a black leather couch. Defendant stated, "There she go there [sic]." The girl had pink curlers in her hair and was wearing a blue nightgown, and she did not appear to be injured. Subsequently, Calvin left defendant's residence.

The next evening, Calvin was watching the evening news when he saw a story reporting a girl's death, accompanied by a picture. Calvin realized that the girl was the same child he had seen at defendant's home. Calvin met with a police detective the next morning, and informed the officer of what had occurred the day he spoke with defendant at his home.

Defendant fled the State of Michigan on March 14, 1988. On March 16, 1988, an FBI agent in Memphis, Tennessee, received a Teletype message indicating that both federal and state arrest warrants had been issued for Jesse James Mack. The message also gave a possible location for the suspect. Acting on this information, FBI agents went to the stated location, where defendant was apprehended, arrested, searched, and transported to the Memphis Federal Building. Defendant was eventually extradited to Michigan to stand trial on murder charges.

Defendant was arraigned on March 19, 1988, and appointed counsel on March 31, 1988. On May 12, 1988, appointed counsel filed a motion to suppress photographs of the victims' bodies on the grounds that they were prejudicial and inflammatory, a motion to suppress defendant's confession, a motion to quash the information or reduce the premeditated murder counts to manslaughter, and a motion to reduce the charges to conform to the proofs at the preliminary examination. Defendant's motions were argued on May 23, 1988.

The May 23 motion hearing began with defendant taking issue with his appointed counsel. Defendant claimed that his counsel had not filed the "things" that defendant had requested, particularly a motion for change of venue. Further, defendant contended that his counsel had done nothing "except come here and pretend he my [sic] attorney." The trial court explained to defendant that a motion for change of venue could not be filed until after the start of the jury selection procedures.

Undaunted, defendant continued to argue his dissatisfaction with his appointed counsel and orally moved for a finding of "ineffective assistance of counsel." Finally, the trial court gave defendant the option of retaining his appointed counsel or continuing in propria persona. After defendant was given time to ponder his options, defendant read the Miranda warnings to the court and indicated his intention to represent himself. The trial court conceded, but ordered appointed counsel to remain at the defense table throughout the proceedings. Defendant was also given the opportunity to speak with two defense attorneys, but he refused.

On appeal as of right, defendant first contends that the trial court abused its discretion in denying defendant's request for substituted counsel. Specifically, defendant argues that the trial court's failure to make further inquiries into defendant's claim of dissatisfaction with his appointed counsel forced defendant to represent himself, thereby denying defendant his constitutional...