State v. Caenen, 83,208.
| Decision Date | 09 March 2001 |
| Docket Number | No. 83,208.,83,208. |
| Citation | 270 Kan. 776,19 P.3d 142 |
| Parties | STATE OF KANSAS, Appellee, v. ARTHUR J. CAENEN, JR., Appellant. |
| Court | Kansas Supreme Court |
Janine Cox, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellant.
Debra S. Peterson, assistant district attorney, argued the cause, and Charles R. Reimer, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.
The opinion of the court was delivered by
Defendant Arthur Caenen, Jr., a paranoid schizophrenic, appeals his conviction for premeditated first-degree murder. K.S.A. 21-3401(a). The instrument of death was a passenger car. The victim, a pedestrian, was struck down from behind.
Our jurisdiction is under K.S.A. 22-3601(b)(1) ().
Caenen claims there was insufficient evidence to support his conviction. He also asserts the district court erred in: (a) denying his motion to suppress the video tapes of his police headquarters interrogation, (b) admitting autopsy photographs into evidence, (c) denying his motion in limine to bar testimony from the victim's mother, (d) denying his Batson objection to one of the State's peremptory challenges, (e) permitting the prosecutor to use a poster during opening statements, and (f) denying his motion for a new trial. Caenen also claims that cumulative errors warrant reversal.
Finding no error, we affirm.
On March 22, 1998, Jordan Palmer, a 16-year-old, was on his way to meet his father and brother to see a movie. Palmer's car ran out of gas near Kellogg Drive in Wichita. Palmer left his car near a motel. Carrying a gas can from the trunk, he walked on the grass median east along the Kellogg Drive service road to a Costal-Mart gas station. After filling his gas can, Palmer headed back west towards his car, on or along the left-side grass median of Kellogg Drive.
About the same time, Caenen was driving west from the gas station on the left or wrong side of the Kellogg Drive service road. As Caenen approached the intersection at Heather Street and Kellogg Drive, his car jumped the curb and hit Palmer from the rear. One eyewitness testified Palmer was on the grass; Officer Evans testified Palmer was in the service roadway, not on the grass median, when struck. Palmer was flung into the air, smashed backward into the car, rolled off the hood, was run over, and was dragged underneath the car for more than 100 feet. Palmer suffered massive injuries to his head and died.
Witnesses saw Caenen's car going west from the direction of the Coastal-Mart on the Kellogg Drive service road prior to the impact with Palmer. The evidence showed that Caenen did not appear to swerve or slow down before hitting Palmer. Witnesses saw no vehicles which Caenen may have tried to avoid by moving into the wrong lane. One witness saw Caenen speeding in the wrong lane heading straight for Palmer and thought Caenen would hit Palmer even before he saw the impact. Another witness described Caenen, as he was skidding down the grass median dragging Palmer underneath his car, as appearing to be trying to steer back out onto the street. After Caenen's car had skidded to a stop on the median with Palmer lying beside it, Caenen got out, calmly stepped over Palmer's body, and stood nearby. One witness, who was attempting to aid Palmer, thought Caenen was possibly an off-duty EMT. Caenen was so calm and standing so close, the witness asked him if he had seen what happened; Caenen said, "Yes, I ran him over." When another witness who had seen Caenen hit Palmer inquired if he knew the kid was there, Caenen replied, "Yes." Caenen was observed as being extremely calm and a little dazed at the scene. He told officers, "I did it, I'm mentally disturbed."
Experts testified that Caenen suffers from paranoid schizophrenia, a chronic mental illness whose main symptoms are delusions and hallucinations. Dr. William Levine, a psychiatrist, at the State's request, was involved in Caenen's second interview. Dr. Levine was called in to determine whether Caenen was mentally ill so the State could decide whether to file charges. Dr. Levine conducted a follow-up interview after Caenen wrote to him saying he had misrepresented the facts in the first interview and that he wanted to clear up the matter. Dr. Levine also received and reviewed materials from other medical professionals. Dr. Robert Barnett, a clinical psychologist, was hired by the defense to do a psychological evaluation of Caenen. He examined him again 6 months after his initial evaluation. Dr. Barnett also reviewed all of the videotapes of Caenen. Investigative reports, Caenen's medical history, interviews of witnesses, and police reports were available to Dr. Barnett.
On the way to police headquarters, Caenen told the police that "he had caused me pain," but Caenen did not explain who "he" was. Caenen later blamed what happened on a VA hospital in Kansas City and said he should have just jumped off a building instead of doing what he did. Caenen told officers that his brain was messed up because in the past he was given Thorazine at a Kansas City VA hospital.
At police headquarters, Caenen's explanations of what happened were inconsistent. He told police that as he drove to the gas station to get a pop, he saw Palmer and that when he left the station, Palmer was walking ahead of him. At that time, Caenen said, he intentionally ran Palmer over. Caenen also told police that he drove to a fast food restaurant and passed Palmer; he said he passed Palmer again after turning around to return to the gas station to get gas. When Caenen left the gas station the second time, he said, he ran over Palmer.
Also, Caenen initially said he had never met Palmer before, except that he had seen Palmer walking along Kellogg Drive in the course of Caenen's travels shortly before running over him. Then, Caenen changed his statement and said he had a confrontation with Palmer at the gas station, where Palmer spat on him. DNA testing revealed none of Palmer's saliva on Caenen's shirt. Several months after the charges were brought against Caenen, but before trial, he called Detective Otis from jail. Otis recorded the conversation. Caenen told the detective that he hit Palmer accidentally while handling some food and soda in the car. All of the videotapes and telephone tapes were played for the jury. Caenen concedes his telephone conversation with Otis was admissible.
Caenen presented two defenses to the first-degree premeditated murder charge: (1) the killing was an accident, and (2) due to mental illness, he could not form the requisite intent to kill.
Caenen testified at trial that he thought the Kellogg Drive service road was a one-way road. According to his trial testimony, a car came at Caenen, he swerved, hit his brakes, hit the curb, and hit someone. He waited for the police to come. On cross-examination, Caenen testified that he made up stories to tell Detective Otis. Caenen said he hit Palmer, it was an accident, and he did not intend to kill Palmer.
We first consider Caenen's contention that there is insufficient evidence to support his conviction. Our standard of review is whether, after a review of all the evidence, viewed in the light most favorable to the State, we are convinced a rational factfinder could have found Caenen guilty beyond a reasonable doubt. State v. Mason, 268 Kan. 37, 39, 986 P.2d 387 (1999). If we answer "yes," as we do here, the evidence is sufficient.
Caenen argues, without authority or citation to the record, that he lacked the mental capacity to plan, scheme, or contrive the killing of Palmer. Thus, he reasons that there was insufficient evidence from which a rational factfinder could conclude that he premeditated the killing.
Dr. Levine concluded that Caenen was and is mentally ill. (Caenen's condition is chronic, never goes away, and will never be cured.) Dr. Levine testified that he thought Caenen understood what was going on and agreed that Caenen was oriented to time and place. Dr. Levine said, "[T]here's nothing about paranoid schizophrenia that interferes with a person planning and carrying out an action or deprives a person of the ability to do that." When asked if anything in his interviews with Caenen indicated that Caenen could not think something out beforehand and act upon it, Dr. Levine said nothing indicated that. Dr. Barnett agreed that Caenen is mentally ill. When asked his opinion regarding whether Caenen may have had hallucinations or delusions during or around the time of the collision, Dr. Barnett said it was possible. He agreed that those with paranoid schizophrenia can have intentional thoughts and can carry out actions based on their thoughts. He agreed that such individuals can think things out beforehand and then act upon those thoughts. Dr. Barnett also agreed that Caenen could do all of those things.
We have listed the following as some of the circumstances which may give rise to an inference of premeditation: "(1) the nature of the weapon used, (2) a lack of provocation, (3) the defendant's conduct before and after the killing, (4) threats and/or declarations made by the defendant before and after the killing, and (5) lethal blows inflicted after the deceased was felled and rendered helpless." State v. Jamison, 269 Kan. 564, 572, 7 P.3d 1204 (2000).
The record shows that at least once, Caenen saw Palmer walking on Caenen's drive to the gas station to buy a soda. Caenen's story to officials changed several times, with Caenen telling officers he had passed Palmer as many as three times. Although Caenen admitted to being delusional in the past, he said that he did not know Palmer before and denied that Palmer was a part of any delusions. Witnesses saw...
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