State v. Brown
| Decision Date | 28 January 2022 |
| Docket Number | 16-KA-0998 |
| Citation | 347 So.3d 745 |
| Parties | STATE of Louisiana v. David BROWN |
| Court | Louisiana Supreme Court |
Letty S. Di Giulio, William Martin Sothern, New Orleans, for Appellant - Defendant
Jeffrey Martin Landry, Michael Scott Futrell, Paul D. Connick, Jr., Metairie, Juliet Lee Clark, Thomas Stanford Block, Grant Lloyd Willis, Hugo A. Holland, Jr., Lea R. Hall, Jr., for Appellee - State.
Defendant David Brown was indicted by a West Feliciana Parish grand jury for the first degree murder of Captain David N. Knapps, a correctional officer at the Louisiana State Penitentiary at Angola. The defendant was tried before a jury selected from St. Tammany Parish. Following the close of evidence, the jury found the defendant guilty as charged and, at the conclusion of the penalty phase of the trial, recommended a sentence of death. Defendant was sentenced accordingly.
This is a direct appeal, brought pursuant to La. Const. art. V, § 5 (D)(2).2 Defendant raises 23 assignments of error, contending his conviction and sentence should be reversed. After a thorough review of the law and the evidence, we find no merit in any of the assignments of error urged by defendant. Therefore, the defendant's conviction and sentence are affirmed.
On March 15, 2004, a West Feliciana Parish grand jury indicted defendant and co-defendants David "Axle" Mathis ("Mathis"), Jeffrey Clark ("Clark"), Barry "Switzer" Edge ("Edge"), and Robert "New York" Carley ("Carley") for the first degree murder of Captain David N. Knapps in the officers’ restroom of the Camp D education building in the Louisiana State Penitentiary at Angola on December 28, 1999, in violation of La. R.S. 14:30.3 Another involved inmate, Joel "Miaggi" Durham ("Durham"), was shot and killed that evening during the rescue of one of the correctional officer hostages, Sgt. Reddia Walker.4 In August 2004, the state notified defendant it intended to seek the death penalty and would rely on eight aggravating circumstances.
In February 2010, the state amended the indictment to charge the co-defendants as principals. In October 2011, it also amended the list of aggravating circumstances on which it intended to rely against defendant to six aggravating circumstances.5 In an oral motion, the state amended the notice to remove the sixth aggravating circumstance, as it was duplicative of the fourth.
The trial court addressed a majority of pre-trial matters in a consolidated manner; however, it presided over each co-defendant's trial separately.6 Defendant went to trial in October 2011 before Jerome Winsberg, Judge ad hoc.
Although the venue had been transferred to St. Tammany Parish for all defendants for jury selection purposes only, defendant sought to change the venue once again prior to his trial. The trial court denied defendant's motion after a hearing. Jury selection commenced on October 13, 2011, and concluded October 21, 2011. Eight panels of approximately 20 prospective jurors underwent penalty phase qualification voir dire, and three panels of qualified prospective jurors underwent general voir dire. Twelve jurors and three alternates were selected.
The state and defense made opening statements on October 22, 2011. The state described how it believed the crime occurred, summarized the evidence it would present, explained how that evidence established the elements of the crime, and discussed the conditions of confinement at Angola. Defense counsel made opening statements, stressing that defendant neither planned nor led the escape plan, that there was no evidence he ever intended to kill or inflict great bodily harm on Capt. Knapps, and that defendant attempted to withdraw from the plan.
At trial, the state presented the testimony of 25 lay and expert witnesses, and the defense called one witness. In addition to focusing on the timeline of events and defendant's whereabouts as events unfolded, much of the testimony focused on the DNA evidence and whether evidence may have been contaminated by inmates and Angola personnel in the aftermath of the incident. The jury also visited the crime scene during the guilt phase of trial. Although this case involves sprawling, decadeslong litigation, the trial testimony most relevant to defendant's appeal relates to the circumstances of the crime itself. A summary of that testimony follows.
Prior to the evening of the hostage incident, Durham approached defendant about a plan to escape Angola by grabbing Angola personnel, taking their uniforms, and exiting the camp through the sally port.7 In defendant's custodial statement, he mentioned four people involved in the plan: defendant himself, Durham, Carley, and Edge. The plan was to be executed during evening call-outs in the Camp D education building on December 28, 1999, and the plan was to target correctional officers unlikely to fight back. The plan appeared to be inspired by a situation at a prison in St. Martinville, Louisiana, earlier that month in which several Cuban detainees held correctional officers hostage over the course of several days and successfully negotiated their release via federal and state negotiators.
On December 28, 1999, Carley, Durham, Edge, Mathis, Clark, and defendant were on call-out in the Camp D education building. In addition to several uninvolved inmates attending the AA/NA8 meeting and legal call-outs, other uninvolved inmates participated in a band practice call-out.
Deputy Warden Vannoy testified he was at his residence on the B line when he received a call about a hostage situation in Camp D. He arrived and spoke with the involved inmates by telephone before Warden Cain arrived. Specifically, he attempted to calm Durham, Carley, and defendant, who were very upset. Warden Vannoy briefly spoke to defendant, who informed him the employees were okay. Warden Vannoy also spoke with Sgt. Walker, who informed him she was okay, but could not speak to the condition of the other hostages. Warden Vannoy stated Carley and Durham demanded he call the FBI, the U.S. Attorney, and the news media, and ordered him to keep the tactical team away from the education building, or they would start killing hostages. However, Warden Vannoy noted that defendant did not mention killing hostages or anyone else.
Sometime after Warden Cain arrived, Carley indicated he would talk to Warden Vannoy. The group proceeded to the education building where Carley opened up the door. Thereafter, Warden Vannoy began questioning Carley about the situation, particularly the employees and their safety, while walking a short distance away from the building. Carley told him to look in the bathroom where Capt. Knapps was seriously injured and possibly dead. Warden Vannoy yelled to Secretary Stalder, who was standing near the entrance to the education building, to immediately check the bathroom. The tactical team was called while Warden Vannoy took Carley back down the walk and turned him over to another officer. When Warden Vannoy returned to the entrance door, defendant and Clark were already outside on the walk.
Secretary Stalder testified as to his participation in the efforts to rescue the hostages and retake the Camp D education building. He stated that he arrived between 8:45 and 9:00 p.m. and immediately proceeded to the rear entrance where Wardens Cain, Vannoy, Perkins, and others were located. Warden Cain was at the rear door talking with some of the inmates. Secretary Stalder noted that three inmates exited the building, the first of which spoke with Warden Vannoy. He noted the inmates had left the keys in the lock of the door, and he was able to secure the keys. Secretary Stalder also heard Warden Cain tell the inmates, However, at the time, Warden Vannoy had not returned with the information about Capt. Knapps. At some point after Warden Cain assured the inmates "what's done is done," Warden Cain, Secretary Stalder, and Warden Perkins entered the building. Warden Cain proceeded to the first door, which was the bundle room where two inmates were holding Sgt. Walker hostage. Secretary Stalder and Warden Perkins went to the next door, which was the classroom where Lt. Chaney was located. They removed Lt. Chaney from the room and assisted him down the hallway and out of the building. Secretary Stalder next went down the hall to the officers’ restroom and discovered Capt. Knapps’ body there. Secretary Stalder signaled to Warden Cain the need to rescue Sgt. Walker, and the tactical team deployed flash bang grenades, rescued Sgt. Walker from Mathis and Durham, and retook control of the education building.
Warden Cain testified he was driving to Baton Rouge when he was notified about the hostage situation. On his arrival at Camp D, the inmates let him speak to Sgt. Walker over the phone, who told him she was okay, but they took the phone from her before she could say anything else. Warden Cain told the inmates, Warden Cain promised to write them a note saying no further harm would come to them, and that he would bring it to them.
Warden Cain, along with Wardens Vannoy and Perkins, proceeded to the door of the building, which had white paper over the glass blocking their view. When the door began opening, Warden Cain jerked it open hard, which also jerked the keys out of the inmates’ hands. Secretary Stalder reached up and removed the keys from the door while Warden Cain approached a five-foot barricade inside the door, which was composed of locker boxes stacked on top of each other. As Carley ran around the barricade to talk with Warden Vannoy, Warden Cain gave Clark and defendant the "safe surrender" note to read, sign, and hold.9 Clark and defendant then exited the building while...
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