State v. Bell

Decision Date10 September 2015
Docket NumberNo. W2012-02017-SC-DDT-DD,W2012-02017-SC-DDT-DD
Citation512 S.W.3d 167
Parties STATE of Tennessee v. Rickey Alvis BELL, Jr.
CourtTennessee Supreme Court

512 S.W.3d 167

STATE of Tennessee
v.
Rickey Alvis BELL, Jr.

No. W2012-02017-SC-DDT-DD

Supreme Court of Tennessee, AT JACKSON.

March 4, 2015 Session
Filed September 10, 2015


Juni S. Ganguli (on appeal and at trial), James E. Thomas (on appeal), and James M. Gulley (at trial), Memphis, Tennessee, for the appellant, Rickey Alvis Bell, Jr.

Herbert H. Slatery III, Attorney General and Reporter; Andrée Sophia Blumstein, Solicitor General; James E. Gaylord, Senior Counsel; D. Michael Dunavant, District Attorney General; and James Walter Freeland, Jr., and Joe Van Dyke, Assistant District Attorneys General, for the appellee, the State of Tennessee.

JEFFREY S. BIVINS, J., delivered the opinion of the Court, in which CORNELIA A. CLARK and HOLLY KIRBY, JJ., joined. SHARON G. LEE, C.J., filed a separate opinion concurring in part and dissenting in part, in which GARY R. WADE, J., joined.

512 S.W.3d 175

OPINION

JEFFREY S. BIVINS,, J.

In this capital case, the jury convicted the Defendant, Rickey Alvis Bell, Jr., of two alternative counts of first degree felony murder, one count of especially aggravated kidnapping, and one count of aggravated sexual battery. The jury sentenced the Defendant to death for the first degree murder based on four aggravating circumstances. On direct appeal, the Court of Criminal Appeals affirmed the Defendant's convictions. The Court of Criminal Appeals concluded that the record did not support two of the aggravating circumstances but nonetheless affirmed the death sentence. We now address the following issues: (1) whether the trial court erred in denying the Defendant's motion to strike the death notice on the ground that he is intellectually disabled; (2) whether Tennessee's statute prohibiting the execution of intellectually disabled persons is unconstitutional; (3) whether the trial court erred in denying the Defendant's two motions for mistrial; (4) whether the trial court erred by refusing to allow the Defendant to adduce evidence that the victim's husband was having an extramarital affair at the time the victim was murdered; (5) whether the evidence was sufficient to support the Defendant's convictions; and (6) our mandatory review of the Defendant's death sentence. Upon our thorough review of the record and applicable law, we affirm the Defendant's convictions and death sentence.

Factual and Procedural History

This case arises out of the brutal assault and murder of the victim, Starr Harris, on June 1, 2010. The Defendant, Rickey Alvis Bell, Jr., subsequently was indicted for one count of first degree felony murder during the perpetration of a kidnapping, one count of first degree felony murder during the perpetration of a rape, one count of especially aggravated kidnapping, and one count of aggravated rape. The State filed its notice of intent to seek the death penalty in September 2010. The Defendant sought to dismiss the State's death penalty notice on the basis that he was intellectually disabled. After a hearing, the trial court denied the Defendant's motion. The case proceeded to a jury trial, and the following proof was adduced during the guilt/innocence phase.1

The victim lived with her husband, Thomas R. Harris, Jr. ("Husband"), at 57 Richardson Landing Lane in Tipton County, Tennessee ("the House"). Also living with them were several of his and her children. Husband owned a landscaping and property preservation business with Carolyn Kelly Phelps. The victim also worked in the business, performing administrative work from the home office located in the House.

The business required varying numbers of laborers during any given week. The laborers showed up each morning at the House to receive their work assignments, if any, for the day. Husband paid the laborers on a weekly basis, in cash. The laborers were informed that they were paid only for those hours worked. The Defendant was one of Husband's laborers.

512 S.W.3d 176

On the morning of June 1, 2010, the day after Memorial Day, several of Husband's laborers showed up to collect their pay for the prior week and to get their work assignments for the day. Husband and the victim had been up late the night before, so Husband remained in bed while one of his sons, Ricky Harris ("Son"), handed out the cash wages. Son recalled paying the Defendant $300. When the Defendant arrived at the House to collect his pay, he was wearing black pants or shorts.

Later that morning, Son left the House with Husband and Ray Horne to begin the day's work. All three men left in a single vehicle.2 Before they drove to their first property, they went to Munford Tire to have some tire work done. Munford Tire was located several miles from the House. While the men were waiting for the work to be done, Josh Harris, another of Husband's sons, walked over from a nearby school to join them. All four men went to a nearby restaurant to have lunch. On the way back to the tire shop, Husband got a phone call from the victim at 1:10 p.m.

The Defendant did not receive a work assignment that morning, so he returned home. The Defendant lived at 7612 Richardson Landing Road, less than one mile from the House. The Defendant lived with his mother, Belinda Joyce Bell, and his two brothers. When the Defendant counted his pay, he believed he had been paid $50 less than he was owed. Deciding to inquire about the shortage, the Defendant returned to the House at approximately 1:00 p.m. He was still wearing his black pants. He knocked on the door, and the victim answered. The Defendant asked to speak to Husband. The victim called Husband's cellphone, using the landline at the House. When Husband answered, the victim handed the phone to the Defendant, and the Defendant spoke with Husband about his pay. Husband explained that his pay was $300 instead of $350 because the Defendant had missed a day of work in order to go to the doctor.

Andrew Michael Redditt, one of Husband's neighbors, testified that he saw the Defendant at the House that day at 1:00 p.m. He saw the Defendant knock on the front door, and he saw the victim answer the door. He then saw the Defendant enter the House. Redditt stated that the Defendant was wearing black shorts and a black T-shirt. Tommy Redditt, Andrew's father, testified that he saw a black man who worked for Husband standing near the House at approximately 1:30 p.m. on June 1, 2010.

After speaking directly with the Defendant and on the House landline phone with Husband, the victim exchanged text messages with her friend, Alexia Block, on her cell phone. At 1:22:52 p.m., the victim texted Block, "Ok ty honey! I have a flat tire right now, so ... my day isn't going so good!" At 1:23:52 p.m., Block texted the victim, "Where r u? Do u need me?" At 1:25:12 p.m., the victim texted Block, "No I'm home ... the workers tried t fix it or some crap (it had a screw in it) ... & now they said it can't be fixed ... uuuugggghhh [.]" At 1:28:03 p.m. Block texted the victim, "I'm sorry! I will pray your day gets better. I love ya[.]" Block received no further texts or other communications from the victim.

The victim also spoke on the phone with Kelly Phelps several times during the first part of the day. Phelps' last phone conversation with the victim was shortly before 1:00 p.m. When Phelps called the victim at 2:30 p.m., however, she did not get an answer. Johnnie Phelps, Phelps' ex-husband,

512 S.W.3d 177

spoke with the victim over the landline phone at 1:30 p.m. that day, and the call lasted approximately one minute. He described the conversation as normal.

At 2:16 p.m., a FedEx driver delivered a package to the House. The driver knocked on the front door, but no one answered.

At approximately 8:00 p.m., Nathan McKell, the son of Husband's ex-wife, returned home to the House where he lived with the victim and Husband. McKell had been working for the business that day, beginning at about noon. When McKell walked into the House, he noticed that the office furniture where the victim normally worked was in disarray. He also noticed that the back door was open, although it normally was kept closed. Neither the victim nor the family's two dogs were in the House.

McKell called Husband and then began looking for the victim outside. Behind the House was a hilly and heavily wooded area. McKell began exploring this area on a 4-wheeler. He turned the vehicle over on a steep hill and when it came to rest, the headlights were shining on the victim's body. The front of the victim's upper torso was bare, with her shirt ripped open and her bra pulled down to her waist. The victim was wearing shorts that were buttoned at the waist. The victim's underwear was pulled up above the waistline of her shorts. She was barefoot. One of the investigating officers observed dirt on the back of the victim's shorts that was inconsistent with the surface on which she was found. The area where the victim's body was located was approximately 100 yards into the woods.

One of the investigating officers, who arrived at the scene at approximately 9:55 p.m. on June 1, described the weather as "extremely hot even though it was at night" and that the "bug activity" was "heavy." She observed "maggot activity" on the victim's body....

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