Stafford v. People, 20120
| Decision Date | 27 January 1964 |
| Docket Number | No. 20120,20120 |
| Citation | 388 P.2d 774,154 Colo. 113 |
| Parties | Burnell Gene STAFFORD, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Alex Stephen Keller, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Aurel M. Kelly, Special Asst. Atty. Gen., Denver, for defendant in error.
On May 4, 1961, a jury found the defendant guilty of murder in the first degree and he was sentenced to life imprisonment. He is here by writ of error seeking reversal and discharge.
There is no conflict in the testimony or evidence, the material and essential portions thereof consisting of verbal statements made by the defendant in conversations with law enforcement officers and in three written statements signed by the defendant which were admitted in evidence without objection.
The defendant, his wife Blanche, each about thirty years of age, and their four children had resided in Adams County for several years prior to the date on which the murder is alleged to have taken place, their residence on June 6, 1957, and for about a year prior thereto being at Dupont, Adams County. The defendant was a good father and husband. Their home life appears to have been normal, with a few family quarrels of minor significance. The defendant and Blanche were in good health and happy. There is nothing in the record to indicate that either husband or wife harbored or entertained any ill will or animosity toward the other.
On June 6, 1957, and for some time prior thereto, the defendant had two full-time jobs. He worked at Gates Rubber Company from 11:00 P.M. until 7:00 A.M., and at Montgomery Ward from 8:00 A.M. until 5:00 P.M.
On the night of June 5, 1957, the defendant went to work at Gates at 11:00 P.M. and worked until 7:00 A.M. on the 6th; he then went to Montgomery Ward and worked there from 8:00 A.M. until 5:00 P.M., and from there went home, arriving at about 6:30 P.M. on the 6th.
Evidence dealing with occurrences on the night of June 6th and the hours immediately following midnight of the 6th comes from verbal and written signed statements of the defendant.
The defendant's written and signed statement, dated November 14, 1960, is as follows:
'I arived home at about 6:45 on the evning of June 6th 1957 and had supper with my famly and right after supper went right to bed at about 7:00 and went right to sleep i don't know just what time it was when my wife come in and sat on the bed and woke me up and said something about me quiting one of my to full time jobes and something else that i can't recall we did have a few words and i got mad and rased up and swong at her with my left hand and struck her on the neck and she got up kind of stuped over and gasping and choking for air and went out the door and i thought that she would be alright i went back to sleep and woke up at 11:15 wondering why she hadn't worken me to go to work and got up and found her lying on the floor i felt of her and she was cold i new she was dead and i wraped her in a bed sheet and put her in the trunk of the car and took her out and burried her.'
Other statement of the defendant were to the effect that on discovering his wife's body he 'got scared,' put her body in the trunk of his car and drove to a field near Keenesburg, some thirty-two miles distant, dug a grave, placed the body therein, covered it and returned to Dupont at about 1:15 A.M., got a baby sitter from her home, which home was about fifteen minutes from his home, and took her to his home, left her in charge of the children and checked in for work at Gates at 2:48 A.M. on the 7th.
In the last of the three statements signed by the defendant appears the following:
'Q Mr. Stafford, do you think the blow you inflicted upon your wife was the cause of her death?
The foregoing is the material evidence which sheds light on the death of Blanche and the circumstances surrounding the same.
Following the events of the nights of June 6 and the early morning hours of the 7th (probably one or two days thereafter), the defendant contacted Blanche's relatives in Nebraska by telephone and asked if Blanche was there, and told them that he and Blanche had an argument and that she had 'walked off,' and that he had reported it to the authorities (an untruth).
On June 13, 1957, the defendant first reported to law enforcement officers in Adams County that Blanche was missing. On June 28 he terminated his employment at Gates and left Dupont on the 29th, abandoning the four children who were turned over to relatives of Blanche.
In December 1957, the defendant was in jail in Rapid City, South Dakota. There he had stated his name was Norman Sutton.
On February 24, 1958, the defendant was received at and incarcerated in the Wyoming penitentiary at Rawlins, Wyoming, under the name of Norman Sutton.
On February 24, 1958, two men from the Adams County sheriff's office went to the Wyoming penitentiary and interviewed the defendant. At that time the defendant had in his possession Blanche's gold watch; he then signed the first of three statements setting forth the events of June 6-7, substantially the same as set forth on November 14, 1960, and again on November 15, 1960. Armed with this information the officers promptly endeavored to locate the grave, but without success.
On March 5, 1958, the officers returned to Rawlins and further questioned the defendant who, at that time, told them he had thrown the body in a reservoir located in the general area where he had previously stated he had buried her.
On April 7, 1958, the defendant wrote a letter from the Wyoming penitentiary directed to Blanche's sister in Nebraska, stating that Blanche was not dead, that she had 'just run off'; that while in Dupont he had, on June 26, 1957, received a letter from her mailed from Sturgis, South Dakota; that he had seen her twice in Sturgis in August 1957, and that he wanted to bring her back with him but she would not come.
On October 31, 1960, the Adams County officers returned to Wyoming and again interviewed the defendant, who then told them that Blanche was still alive.
On November 1, 1960, Wyoming released the defendant to the officers, who returned him to Adams County.
On November 10, 1960, the defendant agreed to help the officers find the grave, and several trips were made for that purpose. On the night of November 11, 1960, with the aid of the defendant, the location of the grave was discovered and the body was removed from the shallow grave in which the defendant had placed it, and turned over to the coroner of Weld County who delivered it to Dr. Ogura of the Denver coroner's office on November 13, 1960.
An information charging the defendant with first degree murder was filed November 18, 1960, the defendant was arraigned November 21, 1960, and entered a plea of not guilty. The matter was continued until December 6, 1960, for setting. On December 6, 1960, the case was set for trial commencing on April 27, 1961.
On December 8, 1960, the defendant escaped and was captured and returned to jail on the same day.
Trial was had, commencing on April 27, 1961, and on...
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