Reining v. State, 89-KA-0906

• Decision Date: 19 August 1992
• Docket Number: No. 89-KA-0906,89-KA-0906
• Citation: 606 So.2d 1098
• Parties: Phillip E. REINING v. STATE of Mississippi.
• Court: Mississippi Supreme Court

Page 1098

606 So.2d 1098

Phillip E. REINING v. STATE of Mississippi.

No. 89-KA-0906.

Supreme Court of Mississippi.

Aug. 19, 1992.

William T. Bailey, Sr., Lucedale, for appellant.

Michael C. Moore, Atty. Gen., Charles W. Maris, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, C.J. and ROBERTSON and SULLIVAN, JJ.

ROY NOBLE LEE, Chief Justice, for the Court:

This is an appeal from the Circuit Court of George County, Mississippi, wherein the Appellant was convicted of simple assault on a law enforcement officer, as well as resisting arrest. He was sentenced to serve one (1) year in the Mississippi Department of Corrections and six (6) months in the county jail. The six (6) month term was to run concurrently with the one (1) year sentence. This case is one of several involving charges of assaults on police officers by members of the Bethel Home in Lucedale.

FACTS

This case centers around incidents which took place on June 13, 1988, at the Bethel Baptist Church ("Bethel Home") in Lucedale, George County, Mississippi. Pursuant to allegations of abuse occurring at the Bethel Home, the State Welfare Department began to investigate the "Home." The Department's staff were met by hostile church members who refused to let the State inspect the premises or speak with anyone. In short, the State agency was told to "butt out", and that the operation of the Bethel Home was none of the State's business. The Welfare Department proceeded to go to chancery court, youth court division, to obtain a court order for the removal of all the children, under the age of eighteen (18) years, who were present at the home and whose parents did not live at the home with them.

George County Sheriff Eugene Howell, accompanied by two or three deputies, was in charge of executing this chancery court order. Realizing that additional manpower was needed, he contacted Troop Commander Richard Smith of the Mississippi Highway Patrol. Approximately eight (8) to ten (10) troopers were sent from the Hattiesburg area to help execute the order. Thomas Brittany, Director of the Mississippi Welfare Department, also accompanied the highway patrolmen to the site of the Bethel Home. It was estimated that, after a few hours, as many as thirty (30) to thirty-five (35) officers mostly comprised of state troopers were on the scene.

Apparently, when officers arrived at the Home to execute the warrant, they were met by Herman Fountain, pastor of Bethel Baptist Church. Upon Sheriff Howell's informing Reverend Fountain that they were there to gather up the children at the Home, pandemonium broke loose. The children were instructed to resist and were ordered to go into the church and hide. The adults were busy trying to stop the police from gathering up children. Reverend Fountain refused to cooperate with the As stated, the appellant Reining began swinging his arms wildly to prevent his capture. It was at this point that the assaults on the police officers occurred. Sheriff Howell testified that Reining hit him in the chest, but does not remember, if his fist was open or closed. Trooper Charles Sauls, observed the sheriff and deputy having a problem subduing Reining, and went to their aid. Trooper Sauls testified that when Reining saw him approaching, he took a swing at him. However, Sauls reacted to the approaching fist by blocking the blow with his left wrist and hand. Had Sauls not blocked Reining's fist, he would have been hit in the face. The blow to Saul's wrist resulted in a sprained wrist and a jammed thumb. He did not seek medical attention, but kept his wrist wrapped for two weeks.

police and he was subsequently arrested. While the police were trying to restrain Reverend Fountain, various scuffles began erupting. One of these involved the appellant in this case, Phillip Reining. According to the testimony of Sheriff Howell, Reining kept hindering the officers' attempts to arrest Reverend Fountain. Reining was then ordered arrested also. Reining began swinging his arms wildly in an attempt to prevent the police from subduing him. During this time, Reverend Fountain had been handcuffed and placed in a police car. However, an unidentified person proceeded to open the police car door, allowing Reverend Fountain to jump out and start screaming, all while still in hand cuffs. He was recaptured and again placed in the police car. During these scuffles, the officers were pelted with rocks, bricks, and abuse.

Reining testified that all the officers were in uniforms and that when he was being restrained, he knew that they were police officers. After Reining had been subdued, he was placed head down on the sheriff's car where he was handcuffed and arrested. An attempt to place handcuffs on Reining took some effort, because he would not let go of his own shirt.

Sheriff Howell testified that Reverend Fountain was the first one to be arrested because he was interfering with the police carrying out the judicial order. He also claimed that Reverend Fountain assaulted him too. Approximately two hours were consumed before the children could be removed from the premises. During the chaos, the children were told by the Fountain group to go into the church, lock the doors, and hide. Since the children would not open the door, the police had no alternative except to break it down. Commander Smith of the Highway Patrol testified that Dr. Brittany, head of State Welfare Department, locked himself in his patrol car when the chaos erupted.

When the defense called their witnesses, there were differing accounts of the incident. Sophia Baldino, a staff worker at the Home and wife of Mike Baldino, who was also arrested, testified that Reining was arrested first, then Reverend Fountain. According to Baldino, at the time Reining was arrested, he had a twelve (12) year old boy on his shoulders. The police pulled the child off Reining's shoulders and arrested him. Baldino claimed to have seen Reverend Fountain sitting on the ground in handcuffs.

Lonnie Bouleware, a former deputy, who was at the scene on the day in question, stated that subpoenas were served on all of the adults at the Home earlier that day. It was on the second trip, the same day, when the altercations occurred. This was the only mention of subpoenas having been issued. Next, Mike Baldino testified that he was also arrested that day and charged with assaulting a police officer; that Reining was arrested first, then he was arrested, and that both were put in a hot police car. He stated that he confronted Dr. Brittany and said that since the kids had been in the state's custody, they had been allowed to smoke, fornicate, and listen to rock music. Baldino testified that, when Reining was arrested, he did not have a child on his shoulders.

Reverend Fountain testified that Mike Baldino was the first one arrested, and that the three of them were put in separate police cars; that he exited the police car, not wanting to go to jail peacefully, and struggled with the police; and that he did not see anyone strike a police officer. Reverend Fountain admitted telling the children Finally, Reining himself testified that on the day in question, he was told to get the children in the church, and that, at the time, he had two boys with him, one being on his shoulders; that the sheriff stopped him and said that he needed the boy on his shoulders; that the boy was pulled from his shoulders and was being pulled by both Reining and the sheriff; and that the troopers came to help the sheriff. Reining stated that the sheriff told him he was under arrest and to sit on the ground "over there"; that Reverend Fountain was sitting on the ground to his left, in handcuffs. Reining denied hitting anyone, although he did admit to struggling with the officers. Like Reverend Fountain, he did not admit to seeing any rock throwing.

to go inside the church, but claimed he did not see any rock throwing.

Following jury deliberations, Reining was found guilty of assaulting Trooper Sauls, and guilty of resisting arrest, which involved his behavior with Sheriff Howell. From those convictions, the appellant Reining appeals on the following issues:

I. THE TRIAL COURT ERRED IN DENYING REINING'S MOTION TO TRANSCRIBE THE GRAND JURY PROCEEDINGS.

II. THE TRIAL COURT ERRED IN DENYING REINING'S MOTION FOR CHANGE OF VENUE.

III. THE STATUTE UNDER WHICH REINING WAS CONVICTED IS UNCONSTITUTIONALLY VAGUE.

IV. THE INDICTMENT'S LANGUAGE DOES NOT MIRROR THAT OF THE STATUTE FOR WHICH REINING IS BEING CHARGED.

V. THE VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

DISCUSSION

I. THE TRIAL COURT ERRED IN DENYING REINING'S MOTION TO TRANSCRIBE THE GRAND JURY PROCEEDINGS.

Reining argues that he should have been supplied a copy of the transcript of the grand jury proceedings which resulted in his indictment. Reining cites Rule 4.06(a)(6) of the Unif.Crim.R.Cir.Ct.Prac. for the proposition that he is entitled to any exculpatory material concerning the defendant.

The general rule is that the accused has no right to inspection of the grand jury minutes for the purpose of trial preparation or discovery purposes. J.P. Ludington, Annotation, Accused's Right to Inspection of Minutes of State Grand Jury, 20 A.L.R.3d 7, Sec. 3[a] (1968). However, if the defense can show a "particularized need" which outweighs the need for secrecy of grand jury proceedings, then the testimony might be released. Pittsburgh Plate Glass Co. v. United States, 360 U.S. 395, 79 S.Ct. 1237, 3 L.Ed.2d 1323 (1959).

The importance of maintaining secrecy of grand jury proceedings is spelled out in Rule 2.04 of the Unif.Crim.R.Cir.Ct.Prac. which states:

Grand jurors, except when called as a witness in court, shall keep secret the proceedings and actions taken in reference to matters brought before it, for six months after adjournment of the court at which they were grand jurors, and the name and testimony of any witness appearing before the grand jury shall...