State v. Cahill, No. 30885-1-II (WA 3/14/2006)
| Decision Date | 14 March 2006 |
| Docket Number | No. 30885-1-II.,30885-1-II. |
| Parties | STATE OF WASHINGTON, Respondent, v. CRAIG MICHAEL CAHILL, Appellant. |
| Court | Washington Supreme Court |
Appeal from Superior Court of Pierce County. Docket No. 02-1-05324-8. Judgment or order under review. Date filed: 09/19/2003. Judge signing: Hon. Kathryn J Nelson.
Counsel for Appellant(s), Rita Joan Griffith, Attorney at Law, 1305 NE 45th St Ste 205, Seattle, WA 98105-4523.
Counsel for Respondent(s), Kathleen Proctor, Pierce County Prosecuting Atty Ofc, 930 Tacoma Ave S Rm 946, Tacoma, WA 98402-2171.
A jury convicted Craig Cahill of the first degree murder of his wife, Teresa.1 On appeal, he argues evidentiary and instructional errors. We hold that the cumulative effect of the following errors denied Cahill a fair trial: (1) admission of evidence that he used drugs, patronized prostitutes, and viewed adult movies; (2) admission of the victim's hearsay statements that she was worried about the couple's finances, unhappy with Cahill's absences from home, and planning to tell him to leave; and (3) opinion testimony by the victim's daughter and a detective as to Cahill's guilt. We reverse and remand for a new trial.
On November 9, 2002, Teresa stayed home to recuperate from arm surgery. While she recovered, Cahill told Teresa he planned to go fishing. Cahill actually spent November 9 and November 10 with a female companion at an Everett motel.
Teresa's daughter, Shauna Cagle, arrived for a visit with Teresa on November 15. When Cagle arrived at the Cahills' darkened home, Teresa's Ford Explorer was not in the driveway. Finding this unusual, Cagle called the Tacoma Police Department for a welfare check.
When the officers arrived, Cagle started to open the door with her key, but she found it unlocked. Upon entering the home, she smelled ammonia or some other cleaning solution. The house sat neat and tidy, without indications of a robbery or home intrusion.
When Cagle entered the bedroom, however, she noticed missing bedding, including the canopy, pillows, and a feather mattress. Only the fitted sheet remained. On police advice, Cagle wrote her mother a note and left.
Around 11:20 p.m. that night, Cahill called Cagle and said that he found her note but that Teresa was not home. Cahill said that he last spoke with Teresa on Thursday afternoon, November 14, when she told him that she needed a ride to her doctor's appointment. Later police investigation revealed that Teresa did not attend this appointment.
Cahill filed a missing person report on November 16.2 When an officer arrived to investigate, Cahill stated that he briefly saw Teresa on November 13. Further, he told police that he worked on November 14 and November 15.3
At trial, Cahill's employer testified that Cahill worked 7 a.m. to 3:30 p.m. on November 11, 7 a.m. to 12:00 p.m. on November 12, and 7 a.m. to 1:00 p.m. on November 13. Cahill did not work on November 14.
To follow up on the missing person report, Detective Dan Davis contacted Cahill by telephone on the morning of November 18. Cahill told Davis that he wanted to speak with him because he had previously given officers false information and needed to correct these mistruths. Cahill stated that he spent the night of November 14 with another woman, but he was initially uncomfortable sharing this information.
Davis conducted an in-person interview with Cahill later on November 18. Cahill told him that he saw Teresa after work on November 13. He indicated that he spoke with Teresa around 6:00 a.m. on November 14, decided to take the day off, and went back to bed. Cahill then spent November 14 and November 15 with a woman named Camille Jenkins, whom he described as a "lady of the evening." 12 Report of Proceedings (RP) at 1351, 1363.
Davis interviewed Jenkins, who confirmed that she and Cahill stayed at a motel on November 14 and November 15. Jenkins told the detective that Cahill left the motel around 6:30 or 7:00 a.m. on November 15.
After leaving Jenkins, Cahill said that he went to the King County courthouse for an unrelated matter. He then visited a pawn shop in Seattle, where he received $200 for a paint pump. Cahill told Davis that when he returned home around 10:00 p.m., he saw the note from Cagle and learned of Teresa's disappearance.
Several times, Cahill told Davis that Teresa may have voluntarily left the home and that "{i}f she wants some time alone, I want to respect that." 12 RP at 1361.
On November 18, Gerald Goin, Alex Rodriguez, and Shawn Halavin hunted in the North Bend area. As they rode in an SUV down an old one-lane logging road, Goin saw a blue garbage can or recycle bin on the left-hand side of the road. The bin was tied shut. The three men opened the bin, emptying its contents onto the ground. They saw plastic sheeting wrapped in a sleeping bag. When they opened the sleeping bag, they saw a human leg. The hunters called the police.
Police examination of the crime scene revealed that three pieces of rope were used to keep the bin closed. The recycle bin bore the serial number of the bin issued to the Cahills' neighbors.4 Police found the Cahills' bin at the neighbor's home.
The police found Teresa's body inside the bin. Duct tape covered her mouth and bound her wrists to her ankles. A pink-colored bed sheet and a fitted sheet covered her body and a flannel bed sheet covered her head. Plastic sheeting and a sleeping bag encased her body.
Further police investigation revealed Cahill's DNA under Teresa's fingernails. An autopsy revealed that she died from multiple blunt force injuries to the head, consistent with blows from a heavy black object such as a fireplace poker.5 And her hand had injuries consistent with defensive wounds. She died on either November 13 or early November 14.
After obtaining a search warrant, police officers began a forensic examination of the Cahill home on November 19. When pulling up the carpet, officers found a large blood stain in the bedroom. Using a chemical that reveals occult blood, officers found a small amount of blood on the plywood floor underneath the carpet and some along the wall. Approximately three to four feet up the wall, officers located blood that appeared to have been wiped off in a circular fashion. They also found blood along the nightstand, the inside surface of the bedroom door, and the closet door.
In the garage, police located a roll of duct tape, a roll of white tape, two lengths of green rope, and two lengths of white rope. Police recovered several latent fingerprints throughout the home. Officers identified the majority of fingerprints as those of Teresa or Cahill, but a few remained unidentified.
Officers also tested the plastic sheeting and duct tape discovered at the crime scene, but they found no latent fingerprints. Tests confirmed that the same machine cut the plastic sheeting found around Teresa and the plastic sheeting found in the Cahill garage. The two pieces of sheeting also measured the same thickness, had the same organic composition, and had the same melting point.
A judge issued a felony warrant for Cahill's arrest on November 20.
On November 21, Cahill stole license plates and clothing from the car of four hikers at Boulder Lake in Snohomish County. He also stole clothing, a cell phone, and approximately $11 from the truck of a biker in North Bend.
Later that night, as Trooper Mark Svinth patrolled State Route 101, he observed a vehicle with a headlight out. After running a check on the license plates, Svinth learned that the vehicle's plates were stolen. Svinth placed the driver in custody.
After reading the driver Miranda6 warnings, Svinth asked for identification. The driver stated that his wallet was in the glove box or center console. Svinith located the wallet and asked the driver to verify his name. The driver responded, 12 RP at 1282. Svinth's record check confirmed that Cahill had an outstanding felony warrant for homicide.
Jail personnel detected bruises on Cahill's chest. They also observed scratches that were later determined to be consistent with one-week-old fingernail scratches.
Tacoma Detectives David Devault and Davis interviewed Cahill after his arrest on November 21. After advising Cahill of his Miranda rights, Devault asked Cahill to sign a waiver but he refused. When asked whether he would answer questions, Cahill said, "Yeah." 2 RP at 175.
The State charged Cahill with first degree murder. Before trial, Cahill moved in limine to exclude: (1) out-of-court statements by Teresa to Cahill's mother, Marylou, and/or Cagle that Teresa `was going to ask the defendant to leave the home and that she would be getting a roommate,' Clerk's Papers (CP) at 41; (2) references to his cocaine use; (3) testimony about drug transactions; (4) evidence regarding his use of prostitutes; and (5) testimony about viewing pornographic materials.
In another motion in limine, Cahill sought to exclude Teresa's statements about (1) their checking account being overdrawn, (2) how Cahill's spending habits affected their finances, and (3) how Cahill's ATM use depleted their accounts.
The trial court ruled orally that Teresa's out-of-court statements to Marylou were relevant and not barred by the hearsay rule. It also determined that the following were admissible: (1) Teresa's statement that she was concerned about finances;7 (2) evidence of Cahill's drug use in the two to four weeks before the murder; (3) testimony about drug transactions between Cahill and Tony Sterley, Cahill's co-worker, within the same time period; (4) evidence about patronizing prostitutes or extramarital sex within the relevant period; and (5) evidence that Cahill ordered adult, pay-per-view films.
The trial court held a CrR 3.5 hearing to determine the admissibility of Cahill's various statements to police officers. It...
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