Scott v. State, 58588
| Decision Date | 11 March 1982 |
| Docket Number | No. 58588,58588 |
| Citation | 411 So.2d 866 |
| Parties | Paul William SCOTT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Robert M. Leen of Leen & Schneider, Hollywood, for appellant.
Jim Smith, Atty. Gen. and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellee.
Nathan Z. Dershowitz and Victoria B. Eiger, New York City, for the American Jewish Congress, amicus curiae.
Paul William Scott appeals his conviction for the first-degree bludgeoning murder of James Alessi and his sentence of death. Having reviewed the record and considered the issues presented by Scott, we find no reversible error and affirm his conviction and sentence.
On the evening of the murder, Scott and his coperpetrator, Richard Kondian, told Charles Soutullo of their plan to rob and to kill Alessi and asked him to join them. Soutullo declined the invitation. Later that evening, Alessi picked up Scott and Kondian. At approximately 11 p. m. they arrived at Alessi's father's home where the victim borrowed his father's station wagon and obtained a patio umbrella from his father. They then drove off in the victim's car and in his father's car. The patio umbrella was later found in the victim's backyard.
The next morning the victim's nude body, which was covered with blood, was discovered in his home. His hands and feet were tightly bound with electrical cord and telephone wire. He had been brutally beaten about his head, chest, and arms. He had sustained six blows to the head with a blunt instrument, one of which was so severe that it had caused a compressed fracture of the skull. The head injuries were the cause of his death. There were many signs of a violent struggle by the victim in his attempt to get away from his assailants. Throughout the house were broken articles and bloodstains on the walls, furniture, curtains, and floors. Scott's fingerprints were found on various items throughout the victim's home, including the neck of a broken vase and the bloodstained knife on the sofa which apparently had been used to cut the electrical cords used to tie the victim.
After bludgeoning the victim to death, Scott and Kondian rummaged through the house. The same night as the murder and as a part of their intended scheme to rob and to kill Alessi, they went to the victim's flower shop with a key and took most of the gold in the shop. They also took the victim's car. Scott was found a month later in Sacramento, California. He had in his possession various items of jewelry, including a golden bear charm. The victim wore a golden bear charm, and there was one in his shop the day he was killed.
Although Scott was indicted for the premeditated beating death of Alessi, the State, in addition to proceeding on the theory of premeditated murder, also sought to prove felony murder.
Scott challenges his conviction of first-degree murder on several grounds, none of which we find to be meritorious. Initially, he argues that the evidence presented by the State was not sufficient to prove him guilty beyond a reasonable doubt and that the evidence does not exclude a reasonable hypothesis of innocence. We disagree and hold there is substantial, competent evidence in the record to sustain Scott's conviction. Scott and Kondian made a definite statement preceding the murder of their plans to rob and to kill Alessi. The victim's father identified Scott as one of the two men who had been with his son late on the evening of his death. The patio umbrella they had picked up was found the next morning at the victim's home, evidencing that the three had gone there later that evening. Scott's fingerprints were found throughout the house in places reasonably consistent only with the conclusion that he had committed the homicide. Items of gold jewelry were found in Scott's motel room in Sacramento, California, including a golden bear charm like the one that was taken from the victim's shop the day of his murder. Also, a gold bracelet like the one taken from the victim's shop was found in the possession of Kondian's girl friend. Viewing all the evidence presented at trial, we conclude that the evidence is inconsistent with any reasonable hypothesis of innocence. See Thomas v. State, 374 So.2d 508 (Fla.1979), cert. denied, 445 U.S. 972, 100 S.Ct. 1666, 64 L.Ed.2d 249 (1980).
Scott also contends that the evidence does not support a finding of premeditation nor does it prove robbery or burglary. The manner in which the victim was murdered in itself evidences premeditation. There was a long bloody chase throughout the house, the victim was badly beaten, his hands and feet were tied while he was still alive, and he was struck on the head six times with a blunt instrument. The evidence was clearly sufficient to establish premeditation. See Mines v. State, 390 So.2d 332 (Fla.1980), cert. denied, 451 U.S. 916, 101 S.Ct. 1994, 68 L.Ed.2d 308 (1981). We likewise reject Scott's contention regarding lack of proof of the robbery and burglary.
Scott also argues that the court committed reversible error when it sustained the State's objection on the basis of irrelevance to the question asked of the State's witness Soutullo by defense counsel on cross-examination. Defense counsel asked Soutullo what he was doing for a living in Fort Lauderdale. After the State objected, the court asked defense what was the relevancy of the question, and defense answered, "Just where he lived, what he did for a living." Defense did not assert that this question went to impeachment. We find no reversible error committed by the trial court in sustaining the State's objection.
Likewise, we hold that the trial court did not commit reversible error in admitting into evidence a gold bracelet like the one taken from the victim's store. This gold bracelet had been taken from Kondian's girl friend.
Scott further contends that the court reversibly erred in instructing the jury on felony murder. We disagree and find that there is sufficient evidence in the record to support the felony murder instructions given by the trial court.
Scott joined in the issue presented and briefed by amicus, American Jewish Congress. Amicus contends that the jury selection on Yom Kippur violated defendant's right to a representative jury. Amicus concedes that no records were kept which would indicate the numbers of...
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