State v. Anderson, 101367.

• Citation: 228 W.Va. 58,717 S.E.2d 245
• Decision Date: 29 September 2011
• Docket Number: No. 101367.,101367.
• Parties: STATE of West Virginia, Plaintiff Below, Respondent v. Jason Clay ANDERSON, Defendant Below, Petitioner.
• Court: West Virginia Supreme Court

228 W.Va. 58

717 S.E.2d 245

STATE of West Virginia, Plaintiff Below, Respondent

v.Jason Clay ANDERSON, Defendant Below, Petitioner.

No. 101367.

Supreme Court of Appeals of West Virginia.

Submitted Sept. 21, 2011.Decided Sept. 29, 2011.

Syllabus by the Court

1. “The function of an appellate court when reviewing the sufficiency of the evidence to support a criminal conviction is to examine the evidence admitted at trial to determine whether such evidence, if believed, is sufficient to convince a reasonable person of the defendant's guilt beyond a reasonable doubt. Thus, the relevant inquiry is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proved beyond a reasonable doubt.” Syllabus Point 1, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995).

2. “A reviewing court should not reverse a criminal case on the facts which have been passed upon by the jury, unless the court can say that there is reasonable doubt of guilt and that the verdict must have been the result of misapprehension, or passion and prejudice.” Syllabus Point 3, State v. Sprigg, 103 W.Va. 404, 137 S.E. 746 (1927).

3. “Pursuant to Rule 1.11 of the West Virginia Rules of Professional Conduct, the fact that an assistant prosecuting attorney previously represented a criminal defendant while in private practice does not preclude the prosecutor's office as a whole from participation in further prosecution of criminal charges against the defendant, provided that the circuit court has held a hearing on any motion to disqualify filed on this basis and determined that the assistant prosecutor has effectively and completely been screened from involvement, active or indirect, in the case.” Syllabus Point 2, State ex rel. Tyler v. MacQueen, 191 W.Va. 597, 447 S.E.2d 289 (1994).

4. “The admissibility of photographs over a gruesome objection must be determined on a case-by-case basis pursuant to Rules 401 through 403 of the West Virginia Rules of Evidence.” Syllabus Point 8, State v. Derr, 192 W.Va. 165, 451 S.E.2d 731 (1994).

5. “To trigger application of the ‘plain error’ doctrine there must be (1) an error; (2) that is plain; (3) that affects substantial rights; and (4) seriously affects the fairness, integrity, or public reputation of the judicial proceedings.” Syllabus Point 7, State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (1995).

Harry P. Montoro, Esq., Law Office of Harry P. Montoro, PLLC, Morgantown, WV, for Petitioner.

Darrell V. McGraw, Attorney General, Laura Young, Esq., Assistant Attorney General, Charleston, WV, for Respondent.

PER CURIAM:

Jason Clay Anderson (“Defendant”), defendant below and appellant herein, appeals the April 21, 2010, order of the Circuit Court of Marion County finding the Defendant guilty of the offense of murder of a child by a parent, guardian or custodian and sentencing him to a term of life imprisonment without the possibility of parole.

For the reasons set forth in this Opinion, the circuit court's April 21, 2010, order is affirmed.

I.Factual Background

On October 1, 2007, the Defendant was indicted by the Marion County Grand Jury for murdering his twelve-week old infant son in violation of subsections (a) and/or (b), W.Va.Code, 61–8D–2 [1988]. Trial on the indictment began on April 7, 2010. A summary of the evidence introduced at trial is as follows.

The Defendant's infant son was a normal, healthy, baby at the time of his birth and discharge from the hospital. The baby's mother was the Defendant's live-in girlfriend, Jennifer Meacham.¹ Following discharge from the hospital, the Defendant and Ms. Meacham resided in the home of the Defendant's elderly, disabled, grandfather.

On June 23, 2007, EMTs Bernetta Bebee and Earl Haught of the Marion County Rescue Squad (“Rescue Squad”) were dispatched by 911 to the Defendant's residence for a medical crisis involving an infant. Ms. Bebee, a five-year veteran of the Rescue Squad, testified that when she first saw the baby she was shocked—that she “just wasn't prepared for what [she] saw.” Ms. Bebee testified that the baby's left pinkie finger was black, that the baby's diaper was drenched in urine, and blood had already pooled and that it was obvious that the baby had died. When asked about how the parents were reacting to their baby's medical crisis, Ms. Bebee testified that when she “walked into [the Defendant's] house ... the calm was just eerie. It just wasn't normal [.]” When asked to explain, Ms. Bebee said that neither the Defendant nor Ms. Meacham exhibited any urgency, but instead were very casual, so much so that at one point the Defendant even “kind of laughed” when he informed Ms. Bebee that he had given her cell phone—that she had accidently dropped when rushing to tend to the baby—to her partner. After loading the baby into the ambulance, neither the Defendant nor Ms. Meacham asked to ride with their baby to the hospital.

Earl Haught, who had worked with the Rescue Squad for twenty-two years, also testified. Mr. Haught related that he too was struck by the Defendant's lack of emotion because typically, when there is this type of an event, people are hysterical. Instead of being hysterical, Mr. Haught observed that the Defendant and Ms. Meacham just stood at the door and that it did not appear to him that they cared what was happening. After putting the baby into the ambulance, Mr. Haught testified that “neither the mother nor the father either one came outside [and that] the mother actually told [him] to have somebody call her from the hospital to let her know what was going on. Nobody rode to the hospital with us, nothing.”

Deputy Matthew Love and Deputy Christopher Gearde also responded to the 911 call and arrived at the Defendant's house minutes following the Rescue Squad's departure to the hospital. Deputy Love testified that upon arrival, he and Deputy Gearde did a cursory look around the house and told the Defendant and Ms. Meacham that they would need to give a statement. Deputy Love also testified that the baby's crib “smelled badly of urine. A strong odor.” On further examination, Deputies Love and Gearde observed a foam mattress inside the crib. Deputy Love testified that when Deputy Gearde lifted the foam mattress from the crib and held it up, that “urine actually ran out of the mattress. It wasn't squeezed and it came out. It ran out.”

When asked to describe the Defendant's and Ms. Meacham's demeanor, Deputy Love testified that both were “[j]ust matter of fact. No real show of emotion. They didn't seem to be upset or angry or—no one was crying. No one at the house was crying but the deputies.” After the Defendant was taken to the hospital, Deputy Love continued to observe the Defendant and noted that he still did not appear to be upset when talking to the county coroner. When the coroner asked whether the Defendant had any questions, the Defendant turned and looked at Deputy Love and said “You know, I want to know what the four-wheeler laws are. I like to ride four-wheelers. Can you tell me what the four-wheeler laws are right now? I know they changed.” Deputy Love testified that in response he just looked at the Defendant and said “Are you kidding me? ... I don't know what the four-wheeler laws are right now. Your child just died. Do you have any questions about that?” The Defendant did not have any questions about his baby's death. Deputy Gearde later testified to many of the same facts as Deputy Love.

Amanda Oliverio, a neighbor of the Defendant's, testified that she knew that the baby was not receiving proper nourishment because he was losing weight. When asked to describe the baby's room, Ms. Oliverio testified that:

... the [baby's] bed was always wet. There were dirty diapers. [That on] the railing of the bed, there was always diapers lined up, dirty ones, full of poop, because they were brown. And the smell was awful. Which the house smelled anyhow. But it was horrible from there. Dirty clothes that were covered in pee and poop. Dirty blankets on the floor. Dirty clothes all over the floor. The baby would be just laying in it.

Ms. Oliverio described the Defendant as being the dominant partner in his relationship with Ms. Meacham and that she would follow the Defendant “like a lost puppy dog” and whenever Ms. Oliverio wanted to see the baby, Ms. Meacham would say that she had to ask the Defendant if it was okay to go get the baby. Ms. Oliverio also testified that she became so concerned with the baby's welfare that she called Child Protective Services (“CPS”) on “multiple occasions” and told CPS that “the child was being left alone” and “not being fed properly.” When asked what happened after she called CPS, Ms. Oliverio related that on one occasion CPS showed up at the Defendant's house and that she (Ms. Oliverio) walked up the hill to watch, but that CPS stayed on the front porch and did not enter the Defendant's residence and did not examine the baby's physical condition. Ms. Oliverio related that following this CPS visit, she went to the Defendant's house and asked the Defendant and Ms. Meacham “what was that all about.” In response, both the Defendant and Ms. Meacham replied that “Oh, CPS keeps coming up here” and that they were “getting sick of them, ... they are so dumb they don't even come in the house and check it out.” Ms. Oliverio related that both the Defendant and Ms. Meacham laughed when describing the CPS visits.

The baby's mother also testified. Ms. Meacham related that the Defendant was extremely controlling of her, that he had been abusive towards her, that he would not let her go anywhere unless he accompanied her, and that he became upset when he learned that she was pregnant and accused her of cheating on him. After their baby was born, the Defendant disavowed being the baby's biological father and told her that the baby was not his responsibility. The Defendant also ordered his...