Skinner v. State
| Decision Date | 24 April 1990 |
| Citation | 575 A.2d 1108 |
| Parties | Edward L. SKINNER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. Alan T. BROOKS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. Edward E. SANDERS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. . Submitted: |
| Court | Supreme Court of Delaware |
John S. Malik, Wilmington, for appellant Alan T. Brooks.
Howard F. Hillis, Wilmington, for appellant Edward E. Sanders.
Eugene J. Maurer, Jr., Wilmington, for appellant Edward L. Skinner.
Richard E. Fairbanks, Jr. (argued), Chief of Appeals Div., and Loren C. Meyers, Timothy H. Barron, Deputy Attys. Gen., Wilmington, for the State.
Before CHRISTIE, C.J., HORSEY, MOORE, WALSH, and HOLLAND, JJ. (constituting the Court en banc)
This is a consolidated appeal from criminal convictions in the Superior Court. A jury found the codefendants, Edward L. Skinner, Alan T. Brooks, and Edward E. Sanders guilty of robbery in the first degree, kidnapping in the second degree, and conspiracy in the second degree in connection with the robbery of Jose Grinage. They were found guilty of attempted robbery in the first degree, conspiracy in the second degree, possession of a deadly weapon during the commission of a felony, and murder in the first degree (felony/murder) in connection with the attempted robbery and murder of Ronald Irons. 1 Additionally, the jury found Sanders and Skinner guilty of robbery in the first degree, kidnapping in the second degree, and conspiracy in the second degree in connection with the robbery of James Yates. The jury acquitted Brooks on all charges connected with the Yates robbery. The jury also acquitted all three defendants of the charge of intentional murder of Irons. Sanders and Skinner were each sentenced to life imprisonment without parole plus 69 years, while Brooks was sentenced to life imprisonment without parole plus 52 years. On appeal, defendant Brooks advances seven claims of error, six of which Sanders also advances, and two of which Skinner also advances. Brooks and Sanders contend that their convictions should be overturned because the trial court erred by (1) violating their constitutional right to a speedy trial; (2) denying a defense motion to sever the murder charges from the separate robbery charges; (3) denying a defense motion to sever defendant Skinner from the charges relating to the Grinage robbery because of a statement he made concerning the incident; and (4) permitting the jury foreman to remain on the jury panel after he disclosed that he was a social acquaintance of the State's chief investigating officer. Brooks also contends that the trial court erred by (5) denying his motion for judgment of acquittal on the charges stemming from the Grinage robbery. Finally, all three defendants contend that the trial court erred by (6) denying a defense motion for judgment of acquittal on the charges stemming from the charge of attempted robbery of Ronald Irons, and (7) denying a defense motion for mistrial after the State questioned a witness concerning a statement not provided to the defense in violation of Superior Court Criminal Rule 16.
Due to the nature of this case, we find it necessary to recite the facts in detail. On the morning of Friday, February 21, 1986, LaJuan Lum went to work at her job as a private duty nurse. Alan Brooks drove Lum to work in her car, a sky-blue 1985 Mercury Lynx. When Lum finished her half-day shift around 1 p.m., Brooks picked her up. The two did an errand and then Brooks took Lum to Emily Bissell Hospital where she worked the 3-11 p.m. shift. At the end of her shift, Brooks and Willie Chase were there in Lum's car to meet her. The three of them drove into Wilmington to pick up Edward Skinner. Once they found Skinner, they all went to the Brass Monkey, a club in New Castle. Chase remained at the club while Brooks, Skinner, and Lum went to a house where Lum was staying. Brooks and Skinner dropped Lum off in the area of 25th and Madison Streets in Wilmington, then took her car. Lum remained there until the afternoon of Sunday, February 23, when Brenda Skinner, Edward Skinner's wife, came for her. During the period in which Lum was without a car, Brooks, Skinner, Chase, and Edward Sanders, according to the State, committed two robberies and, during an attempt to commit a third robbery, killed Ronald Irons.
On Friday afternoon, February 21, 1986, Michelle Burgos called up Jose Grinage, a friend of hers, and asked to borrow his car, a 1986 Chrysler LeBaron. Grinage brought the car to Burgos's house and Burgos and her companion, Kimberly Bronson, drove Grinage back to his apartment. Although Burgos and Bronson were to have borrowed the car for only a few hours, they kept the car until late the next morning. Before returning the car on Saturday, February 22, however, Burgos wanted to find someone to follow Bronson and her to Grinage's apartment in case Grinage was annoyed because his car had not been returned sooner. Between 10 and 11 a.m. on Saturday, Burgos found Chase, Skinner, Brooks, and Sanders in a light blue car near 9th and Washington Streets. Chase agreed to accompany the women and he rode with Bronson and Burgos, while the other three men followed.
When they arrived at Grinage's apartment, Burgos, Bronson, and Chase went inside. Burgos introduced Chase to Grinage. Soon afterwards Chase left the apartment, but he returned a little later to ask Grinage if he could borrow his car and be directed to a liquor store. Grinage refused to loan his car but gave him directions. Chase, however, wanted Grinage to show him the way to the store, and Grinage agreed. In the apartment parking lot, Chase asked if he could ride with Grinage. Although Grinage initially said no, he eventually agreed to let Chase come with him. Chase then walked over to the other car, which contained three black males, to talk with the occupants. He and Skinner then walked over to Grinage's car. Chase entered the car, and Skinner, in the course of continuing his conversation with Chase, asked Grinage if the liquor store had a large amount of cash on hand. Grinage and Chase then drove off, Grinage noting that the other car followed them out of the parking lot.
On the way to the liquor store, Chase told Grinage that the four men wanted Grinage to help them rob the store. Grinage refused to do so, and Chase did not pursue the topic. When Grinage and Chase arrived at the store, Grinage, but not Chase, went into the store. When Grinage came out of the liquor store, he saw neither Chase nor the other men, and he went to a nearby delicatessen to buy cigarettes. When Grinage returned, he saw Chase in the front passenger seat of his car. When he opened the door, Sanders sat up in the backseat brandishing a pistol and ordered Grinage to get into the car.
Grinage complied and began to drive back to his apartment. He had not seen the other car when he left the liquor store, but as he drove away with Chase and Sanders, he saw the car come from the parking lot of a nearby convenience store and follow his car. Near the intersection of Churchman's and Airport Roads, Grinage was ordered to pull his car onto the shoulder. The other car then stopped behind Grinage. Grinage attempted to escape, but Sanders threatened to shoot him if he fled. Chase and Sanders then took $5 in cash, two watches, Grinage's car keys, and his class ring. Sanders threw the keys into the brush and he and Chase joined the other two men in the other car and left. After unsuccessfully searching for the keys, Grinage walked to a phone and called the police. A search of Grinage's car uncovered a gray pouch containing .45 and .22 caliber bullets and an unopened pack of cigarettes; Sanders' left thumbprint was found on the cigarette pack. Police accompanied Grinage back to his apartment where Bronson and Burgos were still waiting. Both of the women were questioned and later released.
Later that afternoon, three black males appeared at Merrill's Antiques and Jewelry store in Elsmere and attempted to sell Grinage's class ring. Two of the men first went into the store, and based on prior transactions, the clerk recognized one of the men as Skinner. Because Skinner did not have a photo identification, the ring could only be pawned, not sold. Skinner and his companion left, but shortly afterwards, Skinner and Brooks entered the store, saying they had decided to sell the ring. Brooks produced his Delaware driver's license, the transaction was completed, and Skinner and Brooks left the store.
On the evening of Saturday, February 22, 1986, James Yates was staying at Motel 6 in New Castle County. At about 9 p.m., Yates was in the hotel lobby drinking from a bottle of wine. As he stood in the lobby, a black male, later identified by Yates as Sanders, approached Yates and asked for change. Yates gave him the change and the two talked for a few minutes. Yates then placed his wine on the top of a cigarette machine in the lobby and went to make a phone call. When he returned to the lobby, both his wine and Sanders were gone.
Yates walked out of the motel to a nearby McDonald's to get something to eat. He then went to a nearby liquor store, where he bought a pint of peppermint schnapps. As Yates walked out of the store, he saw Sanders, who was holding the bottle of wine. Sanders was walking back to what Yates described as a small white car. He asked if Yates wanted to meet the driver of the car. As Yates reached into the car from the passenger's side to shake hands with the driver, he saw that Sanders had a gun. Sanders ordered Yates to get into the car. A man in the back seat got out of the car, and Yates got in the middle of the back seat, sandwiched between two men. The men then drove around with Yates for several minutes. Yates was...
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