State v. Aizupitis, 9507001267
| Decision Date | 12 April 1996 |
| Docket Number | No. 9507001267,9507001267 |
| Citation | 699 A.2d 1098 |
| Parties | STATE of Delaware v. Varis R. AIZUPITIS, Defendant. I.D. . Submitted: |
| Court | Delaware Superior Court |
Varis R. Aizupitis ("the defendant") was arrested on July 4, 1995, for the murder of Elizabeth Henderson which occurred at approximately 4:00 p.m. on that date. Ms. Henderson had been shot once in the right arm, the slug from the bullet penetrating her chest cavity, and once in the head by means of a .357 calibre handgun. Aizupitis dialed 911 immediately after the shooting and implicated himself in causing the death of Ms. Henderson. The victim had been the defendant's landlord for approximately one year. Both resided at 1802 Wawaset Street in Wilmington. At the time of the murder, another tenant, Melissa Callaway, also resided at said address. Ms. Callaway and the defendant had had a relationship which was broken off by Ms. Callaway several weeks before the incident. For as long as the defendant had resided at 1802 Wawaset Street, he and the victim had had an on-going dispute over $300 or so, which the defendant believed was due to him for certain repair/renovation work performed by him at the residence.
In July 1995, the Grand Jury sitting in and for New Castle County, returned an indictment charging the defendant with Murder in the first degree in violation of 11 Del.C. § 636(a)(1) 1 and with Possession of a firearm during the commission of a felony in violation of 11 Del.C. § 1447A. 2
From the outset of these criminal proceedings, defense counsel relied upon the defense of insanity 3 and on the mitigating circumstance of extreme emotional distress. 4 It was undisputed that the defendant is a paranoid schizophrenic. The trial, which commenced on February 8, 1996, became a battle of experts with three psychiatrists testifying for the defense and one psychiatrist and one neuroradiologist testifying for the State. The case went to the jury on February 22, 1996.
As to the charge of Murder in the first degree, the jury considered five possible verdicts: (1) guilty as charged; (2) guilty but mentally ill of Murder in the first degree; (3) guilty of Manslaughter; (4) not guilty by reason of insanity; and (5) not guilty. As to the weapons charge, the jury considered four possible verdicts: (1) guilty as charged; (2) guilty but mentally ill of Possession of a firearm during the commission of a felony; (3) not guilty by reason of insanity; and (4) not guilty.
After several hours of deliberation, the jury returned verdicts of guilty but mentally ill of Murder in the first degree and guilty but mentally ill of the weapons offense. The verdicts were entered, a presentence investigation was ordered, bail was revoked and sentencing was scheduled for May 3, 1996.
On March 1, 1996, counsel for the defendant filed with the Court a Motion for New Trial brought pursuant to Super.Ct.Crim.R. 33. Defense counsel base their motion on the following grounds: (1) The trial court improperly instructed the jury as to the verdict "guilty but mentally ill" thereby prejudicing the defendant; (2) the trial court erred in denying defendant's Motion for Additional Voir Dire Questions and Individual Voir Dire, in light of the extraordinary coverage of John duPont; and (3) the trial court erred in denying defendant's Motion for an Instruction regarding the effect of a verdict of "not guilty by reason of insanity." Briefing having been completed, the issue before the Court is now ripe for decision. The Court will address the grounds listed above in reverse order.
Defendant contends that a new trial is warranted since the Court denied defendant's Motion for an Instruction regarding the effect of a verdict of "not guilty by reason of insanity." The Court carefully considered this motion and denied same in a written decision. See State v. Aizupitis, I.D. No. 9507001267, Barron, J. (Jan. 24, 1996)(ORDER). The Court noted in its decision that Delaware case authority was clear in stating that consideration of the consequences of a verdict is a matter outside of the jury's purview. The Court cited numerous Delaware Supreme Court decisions. Others could have been mentioned. See Garrett v. State, Del.Supr., 320 A.2d 745, 749-50 (1974); Hand v. State, Del.Supr., 354 A.2d 140, 141-42 (1976).
It would be the height of presumption for this Court to, in effect, ignore the longstanding and clearly enunciated position taken by our Supreme Court vis-a-vis jury consideration of the consequences of a verdict. It is a path this Court chose not to take. Moreover, even if the Court were persuaded that the jury should have been told of the consequences of a verdict of "not guilty by reason of insanity," what instruction would the Court have given in this case? The evidence showed that the defendant managed to live on his own for months and months prior to the murder of Elizabeth Henderson in spite of his paranoid schizophrenia. What impact would a mouthing of the applicable statute have on the jury? See 11 Del.C. § 403(a) and (b).
It is the Court's belief that such an instruction would do far more harm to the defendant than telling the jury that they are not to consider the consequences of their verdict. 5
The above observation is stated only parenthetically since the Court (1) agrees with the firmly-established case law as enunciated by the Delaware Supreme Court that a jury is not to consider the consequences of a particular verdict, and (2) has, in any event, no authority to depart from the firmly-rooted precedent on this issue as established by the highest court in this State. The Court stands by its decision dated January 24, 1996.
The defendant's third ground for a new trial is without merit.
Defendant contends that the trial court erred in denying his Motion for Additional Voir Dire Questions and Individual Voir Dire, in light of the extraordinary coverage of John duPont and his alleged involvement in the shooting death of David Schultz, his mental illness and incidents of bizarre behavior, and the possibility of a mental illness defense. This contention is inaccurate. First, the Court allowed a question on voir dire during jury selection as to whether the news media coverage of the case involving John duPont would affect a prospective juror's opinion regarding insanity or mental illness as a defense in a criminal case. As the Court recalls it, not one juror responded affirmatively to this voir dire question. Second, the Court individually questioned all potential jurors who answered in the affirmative any question concerning psychiatry or mental illness. This questioning took place in the jury room adjacent to Courtroom 302. Each such prospective juror was questioned in privacy and outside of the presence of the jury panel. The Court acceded to the defendant's request to group the voir dire questions in segments and to question each juror who had an affirmative response in any one segment before moving on to the next group of voir dire questions. Counsel were permitted to ask individual additional voir dire questions and they did so on several occasions during these private sessions with individual prospective jurors. The voir dire questions, by segment, are set forth below:
Preliminary Comments:
Ladies and gentlemen, we are about to begin the selection of a jury for the trial of criminal charges in the case of State of Delaware v. Varis R. Aizupitis. If you cannot hear me at any point during these preliminary comments or preliminary questions which will be asked, please indicate so by raising your hand.
This is a criminal case in which the defendant, Varis R. Aizupitis, is charged with the following crimes by indictment of the Grand Jury:
Count I--Murder in the First Degree
Count II--Possession of a Firearm During the Commission of a Felony The offenses are alleged to have occurred on or about July 4, 1995, in New Castle County, Delaware. Among other things, the State alleges that on or about July 4, 1995, the defendant, Varis R. Aizupitis, caused the death of Elizabeth Henderson by shooting her with a handgun.
I am Norman A. Barron a Judge of the Superior Court of the State of Delaware, and I will be presiding over this case. The prosecuting attorneys for the State in this case are James V. Apostolico, Esquire, and Mark H. Conner, Esquire, of the Department of Justice. The attorneys representing the defendant are Charles M. Oberly, III, Esquire, and Kathleen M. Jennings, Esquire, of the law firm of Oberly, Jennings & Drexler.
Each of you is a prospective juror in this non-capital murder case. During this jury selection process, you are not to discuss this case except with me in response to my questions. Nor are you to read or listen to any accounts or discussions of the case reported by newspapers or other publications or by television or radio.
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