State v. Bransford
| Decision Date | 28 March 1996 |
| Docket Number | 20234,Nos. 18743,s. 18743 |
| Citation | 920 S.W.2d 937 |
| Parties | STATE of Missouri, Respondent, v. Robert BRANSFORD, Appellant. Robert BRANSFORD, Appellant, v. STATE of Missouri, Respondent. |
| Court | Missouri Court of Appeals |
Appeals from the Circuit Court of Camden County; Honorable Mary Dickerson, Judge.
Susan L. Hogan, Appellate Defender, Kansas City, for appellant.
Jeremiah W. (Jay) Nixon, Attorney General, Becky Owenson Kilpatrick, Asst. Atty. Gen., Jefferson City, for respondent.
A jury found Appellant, Robert Bransford, guilty of murder in the second degree and armed criminal action. The trial court, having found Appellant a prior offender, persistent offender and class X offender, §§ 557.036, 558.016 and 558.019 RSMo Cum.Supp.1992, sentenced him to life imprisonment and thirty years' imprisonment, respectively, to run concurrently. 1 Appellant brings appeal 18743 from that judgment.
While that appeal was pending, Appellant filed a motion to vacate the judgment and sentences per Rule 29.15. 2 The motion court denied relief after an evidentiary hearing. Appellant brings appeal 20234 from that judgment.
We consolidated the appeals, Rule 29.15(l ), but address them separately in this opinion.
Two of the three points relied on in Appellant's brief pertain to this appeal. Point I avers the trial court erred in allowing the prosecutor to question a witness about "uncharged crimes" allegedly committed by Appellant. Point II asserts the trial court erred in allowing the prosecutor to question a witness about Appellant's "prior convictions."
Because Appellant does not challenge the sufficiency of the evidence to support the verdicts, we recount only the evidence necessary to address the claims of error, viewing it in the light most favorable to the verdicts. State v. Schaal, 806 S.W.2d 659, 661 (Mo. banc 1991), cert. denied, 502 U.S. 1075, 112 S.Ct. 976, 117 L.Ed.2d 140 (1992).
The victim was John Ray Ravellette. He was a friend of Jeffrey Lane Gooch. On Friday, August 16, 1991, Jeffrey 3 and Ravellette were residing in the home of Jeffrey's father, Bobby Gene Gooch, in Laclede County.
That evening, Jeffrey and Ravellette went to a bar. Ravellette, who had been paid that day by his employer, was carrying $150 to $200, so he bought the beer.
Jeffrey and Ravellette left the bar about 1:30 a.m., in Jeffrey's truck. They went to a house in Lebanon where Jeffrey's cousin, Brenda Odorizzi, lived with Darrell Lee Rogers. Darrell's uncle, Melvin Dean Coleman, lived next door with Anna Price.
When Jeffrey and Ravellette arrived (around 2:00 a.m., according to Jeffrey), a party was under way in front of Brenda's and Darrell's residence. Attendees included Darrell, Sherry Ann Odorizzi (Brenda's sister), Coleman and Appellant.
Because Jeffrey was scheduled to work later that morning (Saturday, August 17), he decided to leave the party a few minutes after arriving. Ravellette chose to stay, so Jeffrey asked Ravellette how he would get home. According to Jeffrey, Ravellette said: Jeffrey departed shortly thereafter, intending to return after work and retrieve Ravellette.
Around dawn, Sherry Odorizzi decided to leave the party. Because her car was "tore up," she needed a ride. Coleman, who had no driver's license, handed Appellant the keys to a station wagon owned by Anna Price. Sherry, her younger brother, her infant daughter and Ravellette seated themselves in the back seat of the station wagon. 4 Appellant and Coleman seated themselves in front.
Appellant drove the sextet to Sherry's trailer. Sherry, her brother and her daughter went inside. The station wagon departed with Appellant driving, Coleman in the front passenger seat, and Ravellette in the back.
When Jeffrey arose to go to work that morning (Saturday, August 17), his father, Bobby, asked where Ravellette was. Jeffrey explained that Ravellette stayed at the party.
Bobby drove to the party site. Coleman and Appellant were in the yard. Bobby asked if they had seen Ravellette. According to Bobby, Appellant said:
Bobby drove to the area described by Appellant, but failed to find Ravellette.
Jeffrey's boss allowed Jeffrey to leave work around noon August 17. He drove to the party site, finding Appellant there. Jeffrey asked about Ravellette. Appellant said he (Appellant) "dropped him off by YY highway." Appellant mentioned no altercation.
Jeffrey "drove out along YY highway," but failed to find Ravellette.
The next day (Sunday, August 18, 1991), Jeffrey and Bobby went to the Laclede County sheriff's office and filed a "missing person's report" with Joseph Majerak, a reserve deputy sheriff.
Majerak contacted Coleman, who informed Majerak he last saw Ravellette when "they" let him out of the car "in the area of YY-223 and Curly's Lake area." Majerak searched the area, but failed to find Ravellette.
A week later, Jeffrey encountered Appellant at a "drive-in." Jeffrey asked about Ravellette. Appellant responded: "If I wanted to kill somebody I could feed him to the alligators or put him down a well and nobody would ever find him."
On October 6, 1991, a hunter discovered skeletal remains of a human body "in the woods" some fifty feet east of county road X44-263 in Laclede County. Dental records confirmed the remains were those of Ravellette.
An autopsy revealed the left eighth rib was fractured by a bullet found in "tissue that appeared to be a remnant of the lung." The pathologist's opinion was that Ravellette died "as a result of a gunshot wound which penetrated the left side of his chest and that the entrance was located in the left side of the back."
A criminalist at the Missouri State Highway Patrol Forensic Laboratory concluded the bullet "had characteristics which most fit that of an expended .22 caliber class bullet."
The discovery of Ravellette's remains prompted investigators to question Coleman anew. At first, Coleman gave the same account of putting Ravellette out of the station wagon that he had given Majerak immediately after Ravellette's disappearance. However, Coleman eventually admitted he feared Appellant and had given that account at Appellant's insistence.
At trial, Coleman testified that upon leaving Sherry Odorizzi's trailer, Appellant drove himself, Coleman and Ravellette to a trailer near YY highway where Appellant and John Scatterday resided. The trio arrived "after daylight." Scatterday was there, "watching cartoons."
Coleman entered the trailer and began watching cartoons and talking to Scatterday. Appellant entered the kitchen. Coleman could not see Appellant or Ravellette. However, Coleman heard Ravellette say, "You can't kill a man by shooting him there."
Coleman then heard a gunshot. It sounded like "a small caliber weapon."
Coleman turned toward the kitchen and saw Appellant standing with a rifle in his hands. Coleman walked to the kitchen and saw Ravellette lying on the front porch. Ravellette's eyes were open; he was not breathing and appeared dead.
Appellant wrapped Ravellette's body in "a blanket or other quilt or carpet or something." Appellant told Coleman to open the back of the station wagon. Coleman did so. Appellant put Ravellette's body over his shoulder, carried it to the station wagon, and put it in the back.
Asked what occurred next, Coleman testified:
"[Appellant] got in the driver's side and I got in the passenger side and he took off and went down a gravel road and we hit pavement and then went a little bit farther, then we turned onto another gravel road and we took it to the woods, the body."
After dragging the body into the woods, Appellant and Coleman reentered the station wagon and eventually returned to Coleman's residence. Appellant told Coleman what to say if questioned about Ravellette. Coleman added, "[Appellant] told me if he went down he was taking me and my family with him."
Gordon Dwight Gregory, a heavy equipment operator, resided at Route 5, Lebanon, at the time these events were unfolding. When Gregory learned from television about the discovery of Ravellette's body, Gregory went to the sheriff's office and reported that Appellant had appeared at Gregory's residence on a Sunday in August, 1991.
Recounting the incident at trial, Gregory explained that his wife, Beverly Jo, was present when Appellant arrived "right before dark." Appellant asked Beverly to leave the room. She complied. Asked what happened next, Gregory testified:
"He just said that he had been out and got into it with a guy, him and Dean Coleman had been out all night and got into it with a guy and wanted to know, said that they had beat him to death and wanted to know if I would bury the body."
Gregory inferred Appellant asked for Gregory's assistance because Gregory had heavy equipment and lived "pretty close to him."
Gregory laughed at the request. According to Gregory: Gregory told Appellant he (Gregory) wanted "no part of it."
Later during Gregory's direct examination, this exchange occurred without objection by Appellant's lawyer:
"Q. Has the defendant ever bragged to you about how good a fighter he is at any time?
A. Yes.
Q. Is it your opinion that's something the defendant is proud of?
A. Yes.
Q. In fact, Mr. Gregory, you've had an occasion to get into a scuffle with the defendant before, haven't you?
A. Yes.
....
Q. ... when did that fight take place that you and the defendant got into about?
A. Probably about when I first met him, about seven or eight years ago."
On cross-examination, Appellant's lawyer questioned Gregory about his fight with Appellant and asked...
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