State v. Bradford
| Decision Date | 24 August 2000 |
| Docket Number | No. C3-99-1298.,C3-99-1298. |
| Citation | 618 N.W.2d 782 |
| Parties | STATE of Minnesota, Respondent, v. Corey Chauncey BRADFORD, Appellant. |
| Court | Minnesota Supreme Court |
John M. Stuart, Minnesota Public Defender, Steven P. Russett, Asst. State Public Defender, Minneapolis, for appellant.
Corey Chauncey Bradford, Bayport, pro se.
Michael A. Hatch, Minnesota Atty. Gen., St. Paul, Amy Klobuchar, Hennnepin County Atty., Beverly J. Benson, Asst. County Atty., Minneapolis, for respondent.
Heard, considered, and decided by the court en banc.
A jury found appellant Corey Chauncey Bradford guilty of one count of first-degree murder while committing domestic abuse and one count of first-degree heat-of-passion manslaughter for the 1997 death of Rhonda Overall. The district court convicted Bradford of first-degree domestic abuse murder and sentenced him to life imprisonment.
On appeal from his judgment of conviction, Bradford argues that the district court erred by (1) allowing an expert to testify that Overall's death was domestic abuse murder rather than suicide and that other nontestifying experts agreed with that opinion, (2) admitting evidence seized pursuant to an invalid search warrant, (3) admitting statements by Bradford obtained in violation of his Fifth Amendment rights, (4) violating Bradford's rights under the Confrontation Clauses of the United States and Minnesota Constitutions by admitting hearsay statements made by Overall, (5) accepting inconsistent jury verdicts, and (6) sentencing Bradford for first-degree domestic abuse murder rather than first-degree heat-of-passion manslaughter. In addition, Bradford argues that he is entitled to a new trial because of prosecutorial misconduct during closing argument. Finally, in his pro se brief, Bradford raises two additional issues involving judicial bias in assignment of judges and jury tampering. We affirm.
Shortly after 5 o'clock on the afternoon of September 6, 1997, Minneapolis police officers responded to a 911 call originating from a North Minneapolis duplex rented by Rhonda Overall. The caller stated that Overall had shot herself. Sergeant Gail Cronquist was the first officer to respond to the call. As Cronquist approached the duplex, appellant Corey Bradford came out the front door screaming that "she shot herself" and that she was "in the basement." Cronquist entered the duplex and saw a woman, later identified as the owner of the duplex, standing inside on the telephone with a 911 dispatcher. Cronquist asked the owner where the victim was, and the owner directed Cronquist to the top of the basement stairs located in the kitchen.
Once in the kitchen, Cronquist observed a gun on the top basement stair and, looking down, saw Overall lying face down and nude at the base of the stairs. After going down the stairs, Cronquist was able to ascertain that Overall still had a pulse and observed either extensive bruising or lividity on her body. Overall was then taken from her home and transported to a hospital by ambulance. Overall's pulse stopped en route and she was declared dead at the hospital. Meanwhile, other police officers arrived at the scene and walked through Overall's home to make sure that it was safe. While doing so, they observed a pair of jeans and panties, a bra, and a pair of shoes strewn in the living room. Also in the living room was a set of keys that included two keys to a gun case, which the officers subsequently observed on a bed upstairs. At this point, the police concluded that Bradford might have standing to object to a search so they decided to obtain a search warrant before seizing any items from the home.
While the other officers were in the home, Bradford told an officer who was outside the home that he was coming out of the bathroom when he heard a loud sound. Bradford stated that he found his girlfriend, Overall, in the basement, and when he tried to turn her over, he discovered that she had been shot. He then called 911. Bradford also told the officer that he had just discovered that Overall had been sleeping with his brother. Bradford then was placed in a police squad car to calm him and to secure him as a witness. While in the car, Bradford began having difficulty breathing. Several officers, concerned about Bradford's welfare, removed him from the car onto the lawn, where he began "throwing himself around and moaning." The officers then called an ambulance, and the paramedics who arrived stated that Bradford was hyperventilating. While Bradford was on the lawn, Cronquist directed other officers to collect Bradford's clothes because she had observed blood on them. After Cronquist gave this direction, Bradford began throwing dirt and grass on his clothes.
Later that same evening, the police interviewed two witnesses who lived nearby. One witness told the police that he heard sirens and then saw a man running out of Overall's home saying, "I shot her; I didn't mean to." The other witness stated that she heard a loud bang and then saw a man running out of Overall's home saying, "I shot her; I shot her." Both witnesses later testified at trial. In addition to conducting these interviews, the police reviewed the medical examiner's preliminary determinations and learned that Overall had bruises and scrapes on her legs, back, and left eye. They also learned that Bradford had assaulted Overall on three prior occasions.
After gathering this additional information, two sergeants from the Homicide Unit began interviewing Bradford at the Homicide Office. The interview began at approximately 8:15 p.m. Following a short introductory exchange, the interview proceeded as follows:
Q. But, before we talk to you about this Cory, you have rights. You have the right to remain silent. Anything you say can be used in court, as evidence against you. You have the right to have an attorney present now or at any time during questioning. If you can't afford an attorney, one will be provided for you without cost.
A. So how long will it take you to get somebody down here while I tell you what happened?
Q. Just a minute. Do you understand your rights as I've just given them to you?
A. I wanna talk to you but, I wanna have somebody present.
Q. Ok.
A. Because if its ... if its ... you know what I'm sayin' ... if it's a criminal case against me already then ...
Q. Ok.
A. Fuck ... I didn't do shit. I didn't do shit. [the Sgts. get up to leave] So how long is it gonna take before somebody'l ...
Q. Ok. You're under arrest for probable cause. Within 36 hours of your arrest ...
A. I'll be either charged ...
Q ... or released. And your 36 hours starts Monday morning. Today doesn't count and Sundays don't count. So by Tuesday noon you'll know what's up, ok.
A. Ok. Will they ... If I talk to you now, will they send somebody to talk to me.
Q. If you're formally charged and you can't afford to represent yourself
...
A. I can't.
... Then they will appoint someone for you, if you're formally charged.
A. So either way ... so either way it goes I'm gonna sit here until Wednesday?
Q. Tuesday at noon. You will know by Tuesday at noon whether or not you're gonna be charged or released, Cory.
...
During the interview, Bradford told the sergeants that earlier that day he had learned that Overall was sleeping with his brother. Bradford stated that he then confronted Overall and the two of them argued, but Bradford denied having hit her, but admits having pulled her hair. After the argument, Bradford stated that he told Overall that he was going to go to the bathroom and then leave with his son. While in the bathroom, he heard a shot, ran out, and found Overall in the basement. He said that he tried unsuccessfully to move her and then called 911. Following the interview, the police took Bradford into custody.
Based on the information they had gathered, one of the interviewing sergeants prepared a warrant application to search Overall's home. The sergeant prepared an affidavit in support of the application. In the affidavit, the sergeant stated:
Using the affidavit, the police obtained a search warrant for Overall's home at approximately 10:30 that evening.
That same evening, after the Minneapolis Bureau of Identification (BI) took initial crime scene photographs, a BI officer recommended requesting Bureau of Criminal Apprehension (BCA) assistance with blood evidence. The BI and the BCA examined the scene the following morning. Evidence gathered pursuant to the search warrant included clothing from the living room (two pairs of shoes, a pair of jeans, panties, socks, and a bra), letters from an upstairs bedroom and a hall closet, photographs from a hall closet and the bedroom, the set of keys, the gun, the gun case,...
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