People v. Turner
| Decision Date | 29 September 2022 |
| Docket Number | 355482,355497 |
| Parties | PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. WILLIAM JOSEPH TURNER, Defendant-Appellant. PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. WILLIAM JOSEPH TURNER, Defendant-Appellant. |
| Court | Court of Appeal of Michigan — District of US |
UNPUBLISHED
Genesee Circuit Court LC No. 18-043837-FH, 18-043838-FC
Before: K. F. Kelly, P.J., and Letica and Rick, JJ.
In Docket No. 355482, defendant appeals as of right his jury trial convictions of resisting or obstructing a police officer, MCL 750.81d(1), breaking and entering, MCL 750.115(1), and assault and battery, MCL 750.81(1), for which he was sentenced as a fourth-offense habitual offender, MCL 769.12, to 120 to 180 months' imprisonment for the resisting or obstructing a police officer conviction, 90 days' jailtime for his breaking and entering conviction and 93 days' jailtime for his assault and battery conviction. In Docket No. 355497, defendant appeals as of right his jury trial convictions[1] of first-degree premeditated murder MCL 750.316(1)(a), and first-degree home invasion, MCL 750.110a(2), for which he was sentenced to life without the possibility of parole and 320 to 600 months' imprisonment, respectively. We affirm.
These cases arose out of altercations between defendant, Barbara Zrakovi, Ronald Chadwell, and the police, on the night of May 29, 2018, and during the early morning hours of June 3, 2018. Zrakovi and Chadwell lived together in a home ("the Zrakovi house") on the same street defendant lived. On May 29, 2018, defendant was at the Zrakovi house when an altercation occurred. Zrakovi became upset with defendant when he started throwing his cell phone around the house, and it struck the cage of her pet rabbit. Zrakovi ordered defendant out of her home, which caused defendant to become upset. He responded by throwing a mostly full beer can at Zrakovi, which struck her face, and kicking in the front door to the Zrakovi house. Chadwell interrupted the fight by telling defendant to leave their property while holding a baseball bat; Zrakovi called 911. Defendant returned home.
The police responded to Zrakovi's 911 call, and she directed them to defendant's home. The police could see defendant inside his home where he was observed breaking a mirror with his hand. Defendant refused to answer the door. The police remained at the scene as they prepared a report. Eventually, defendant appeared on his driveway with a sandwich. He refused to respond to police commands, became aggressive and threatening toward the police, and ultimately had to be subdued by use of a taser. Defendant suffered an injury when his head struck the driveway after being tased. Despite incurring a wound, defendant continued to resist and assault police officers by kicking, spitting, and biting those officers who came close to him. Defendant eventually had to be sedated at the hospital to receive care for his injuries.
Defendant was released from jail on bond on June 1, 2018, after being arraigned on the charges arising from the incident that occurred at the Zrakovi home as well as the contacts with the police. After learning of his release, Zrakovi and Chadwell were afraid because of defendant's penchant for anger and history of retaliatory violence.
On the evening of June 2, 2018, defendant began a rampage through the neighborhood. Neighbor Christopher Wiseley, who lived with his father, Doug Wiseley, near the Zrakovi home, described how his house was twice vandalized by defendant when Christopher refused to open the front door for him. Eventually, after midnight now on June 3, 2018, defendant went to the gas station where Zrakovi worked. She testified defendant initially attempted to apologize, but she rebuffed the attempt. Defendant became angry, punched some glass, and told Zrakovi he was going to give Chadwell "a new way of living."[2]
Zrakovi called to warn Chadwell of defendant's presence in the neighborhood and threatening behavior. Chadwell agreed to take extra precautions to protect himself. When Zrakovi tried to contact Chadwell again later in the morning, Chadwell did not answer his cell phone. Growing concerned, Zrakovi called Christopher and asked him to go check on Chadwell. Christopher agreed and brought a baseball bat for protection. When he arrived, the Zrakovi house was completely dark, and no one answered the front door. Christopher walked to the back and found the sliding-glass, patio door broken out. Christopher fled the scene, told Zrakovi to call 911, and began walking home. When he saw police in the neighborhood, Christopher tossed his baseball bat into some high grass in an abandoned lot because he was anxious.[3]
When police eventually arrived at the Zrakovi residence, they found Chadwell had been killed. Police described the scene as incredibly bloody. Chadwell's head had been smashed with a blunt force object to the point where his brain matter was visible. Police also found a metal sewer cap in the home, which they suspected had been used by the intruder to break the patio door, and several weapons, which were collected as evidence. None of the weapons found inside the home contained defendant's DNA, but Zrakovi testified the baseball bat Chadwell had used on May 29, 2018, was missing. Police believed this baseball bat likely was the murder weapon and had been disposed of in some manner because it was never found. The sewer cap had defendant's DNA on it. A small safe was missing from the Zrakovi house, and defendant was one of only four people who knew of its location in the home. The medical examiner later confirmed Chadwell had been killed by blunt force trauma to the head, which could have been caused by a baseball bat. Importantly, Chadwell had a hair in his hand when his body was found, which was collected as evidence.
Police immediately identified defendant as a suspect and began searching for him. Further, because his bond conditions required him to have no contact with Zrakovi, a bench warrant was issued for his arrest. Defendant was arrested on June 8, 2018, and participated in a police interview on June 9, 2018. At some point later, the police searched the home of Harold Rappley, where defendant sometimes stayed, and found a pair of shoes belonging to defendant. Chadwell's blood was found on the outside of the shoes, while defendant's DNA was found inside of the shoes. Defendant was charged with murder and home invasion.
Before trial, defendant moved to suppress his statement to police, claiming a Miranda[4]violation, but the trial court denied the motion after holding a Walker[5] hearing. Later, defendant moved to suppress evidence found at Rappley's house, contending the bench warrant for his arrest was issued in violation of MCR 3.606(A)(2). The trial court also denied this motion, noting the exclusionary rule did not apply to violations of the court rule, and even if it did, the inevitable-discovery doctrine allowed for admission of any evidence that might otherwise be considered fruits of the poisonous tree.
After seeking the removal of three appointed attorneys, defendant asked the trial court if he could proceed to trial in propria persona with the assistance of standby counsel. After explaining to defendant his various constitutional rights and obtaining his waiver of his right to counsel, the trial court agreed to allow defendant to represent himself. Monica Wilson was named as standby counsel.
During the six-day trial, defendant reiterated his waiver of his right to counsel and assertion of his right to represent himself every day. The defense strategy was to focus the jury's attention on Christopher as a potential suspect in the home invasion and murder of Chadwell. Ultimately, the jury convicted defendant as noted. This appeal followed.
Defendant alleges he is entitled to reversal of his convictions and a new trial on the basis of Wilson's constitutionally defective assistance. We conclude that defendant waived this issue.
It is undisputed defendant did not move the trial court for a new trial or a Ginther[6] hearing, and consequently, these issues are unpreserved. People v Jackson (On Reconsideration), 313 Mich.App. 409, 431; 884 N.W.2d 297 (2015). "Appellate review of an unpreserved argument of ineffective assistance of counsel, like this one, is limited to mistakes apparent on the record." People v Johnson, 315 Mich.App. 163, 174; 889 N.W.2d 513 (2016). "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), quoting People v Brown, 279 Mich.App. 116, 140; 755 N.W.2d 664 (2008).
Defendant has waived his claims of ineffective assistance of counsel by exercising his right to represent himself with standby counsel.
"The United States Constitution, the Michigan Constitution, and MCL 763.1[7] each guarantee a criminal defendant the right to represent himself." People v Kevorkian, 248 Mich.App. 373, 417; 639 N.W.2d 291 (2001) citing U.S. Const, Am VI; Const 1963, art 1, § 13. "Although not stated in the [Sixth] Amendment in so many words, the right to self-representation-to make one's own defense personally-is thus necessarily implied by the structure of the Amendment." Faretta v California, 422 U.S. 806, 819; 95 S.Ct. 2525; 45 L.Ed.2d 562 (1975). As noted, the same right is established by Michigan's Constitution, though in more explicit terms. People v Dennany, 445 Mich. 412, 427; 519 N.W.2d 128 (1994), quoting Const 1963, art 1, § 13 (...
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