State v. Candela, 67096

• Citation: 929 S.W.2d 852
• Decision Date: 23 July 1996
• Docket Number: No. 67096,67096
• Parties: STATE of Missouri, Respondent, v. Janet L. CANDELA, Appellant.
• Court: Court of Appeal of Missouri (US)

Page 852

929 S.W.2d 852

STATE of Missouri, Respondent, v. Janet L. CANDELA, Appellant.

No. 67096.

Missouri Court of Appeals,

Eastern District,

Division Three.

July 23, 1996.

Motion for Rehearing and/or Transfer to

Supreme Court Denied Aug. 28, 1996.

Application to Transfer Denied

Oct. 22, 1996.

Frank Kimberly Carlson, Union, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., David R. Truman, Asst. Atty. Gen., Jefferson City, for respondent.

GARY M. GAERTNER, Judge.

Appellant, Janet L. Candela ("defendant"), appeals the judgment of conviction for murder in the second degree entered by the Circuit Court of St. Charles County after a jury trial. We affirm.

Defendant lived with Keith Okai and three children: Amber Okai, Keith's four-and-a-half year old daughter from a previous marriage; Nicole Zigemeyer, defendant's three year old daughter from a previous marriage; and Kyle Okai, the ten month old son of Keith and defendant. On or about February 20, 1992, Amber sustained severe head wounds. Surgery was performed but to no avail. Amber remained unconscious for several days, with her condition worsening until she eventually showed no sign of brain function. Amber died of her injuries on February 24, 1992.

On October 29, 1992, the state charged defendant with murder in the second degree, in violation of RSMo § 565.021.1 (1986). The state alleged defendant, on February 20, 1992, "with the purpose of causing serious physical injury to Amber Lynn Okai, caused the death of Amber Lynn Okai by striking her with a blunt instrument and shaking her."

Defendant's trial began on August 1, 1994, and continued through August 8, 1994. Viewing all evidence in the light most favorable to the verdict, the following was adduced at trial:

Around 3:15 p.m. on February 20, 1992, defendant carried Amber into the O'Fallon Fire Department's Station One, located across the street from defendant's residence. Paul Koenig, an emergency medical technician ("EMT") with the fire department, met defendant as she arrived. Amber was unconscious and was not breathing. Koenig put Amber on a nearby table and restored her breathing. Koenig noted bruises everywhere on Amber's face, head and body, even on the top of her feet. Defendant told Koenig Amber had fallen off a swing. Koenig also heard defendant say, without being asked, that she did not beat Amber.

Randy Sanders, a firefighter and certified EMT, helped treat Amber at the fire station. Sanders noted Amber had trouble breathing, displayed multiple bruising around her face, chest and legs, was very thin and pale, and did not have much hair. Sanders also noted Amber's eyes were blackened and were not responding to or following light, symptoms of a head injury. Sanders testified defendant gave him "multiple stories" with respect to what happened to Amber: she said Amber had fallen out of bed, then said Amber had fallen off a swing, and then said she had found Amber unconscious in the bedroom.

Linda House, a secretary at the fire station, testified, "I heard [defendant] say as soon as I walked in that no one had beat the child[;]" defendant volunteered this statement without being asked. Defendant told House Amber had woken from a nap in this condition, and also that Amber was in psychiatric care for "physically abusing herself." Sherman Blackwell, a firefighter present when Amber was brought in, corroborated House: "I didn't ask her if she had done anything. Just asked her what happened and she said that she hadn't done anything and that the little girl had a habit of hurting herself."

Paramedic Janice Ramsey, arriving at the scene a short time later, noted bruising on all parts of Amber's body visible to her. Ramsey testified defendant told her she had put Amber down for a nap, and later heard a gurgling sound; when she went into the bedroom she found Amber unconscious; and, Amber's bruises were caused by falling off a swing. Defendant further told Ramsey Amber had sustained her head injuries from falling down the stairs, but later said Amber received them from falling out of a bunk bed. Defendant told Ramsey Amber's accidents had taken place over a two-week period, and that Amber "intentionally hurts herself." Ramsey stated the injuries she observed were inconsistent with defendant's explanations, as Amber was bruised on both sides of her face and body, while injuries from falls are usually found on just one side of the body.

While the paramedics were attending to Amber, defendant went back to her residence to check on the other two children. Albert Renaud, a patrolman with the O'Fallon Police Department, met with defendant there and asked her what happened. Defendant stated Amber had woken up from a nap and began to gurgle and cough. Defendant told Renaud Amber had been hurt by falling off a swing, and her facial injuries were caused by hitting herself in the face with the swing and scratching herself in the face.

The paramedics transported Amber to St. Joseph's Hospital West in Lake St. Louis. Defendant accompanied Amber to the hospital. Two nurses at St. Joseph's, Maureen Pendergrass and Loraine Bowman, were in the emergency room when Amber arrived. Both nurses noted Amber had multiple bruises and very sparse hair. Pendergrass testified she overheard defendant tell someone she had been unable to rouse Amber from her nap, that "she had just heard sounds and went in and couldn't wake her up...." Bowman testified she saw defendant standing over Amber and overheard her say to no one in particular, "How could a swing do this."

Dr. Elaine Shaw, a pediatrician at St. Joseph's, attended to Amber when she was brought in. Amber appeared emaciated to Dr. Shaw, and had extensive bruises all over her body, some more recent than others as evidenced by their coloration. Amber displayed symptoms consistent with serious head trauma, such as lack of consciousness, uncontrolled, involuntary movements of her arms and legs, difficulty in breathing, a dilated right pupil, and unstable blood pressure. Dr. Shaw discovered bleeding inside the head consistent with trauma, but determined Amber's skull had not been fractured. Dr. Shaw testified Amber's head injury was consistent with the type of injury sustained in car accidents, though the injuries to her body were not. Dr. Shaw also testified she had never seen such extensive injuries result from a fall from a swing, and had treated children who had fallen from second-story windows onto concrete who suffered fewer injuries.

Because Amber needed more extensive care, Amber was transported from St. Joseph's to Cardinal Glennon Children's Hospital in St. Louis, again accompanied by defendant. There, Dr. Thomas Pittman performed a craniotomy, removing a portion of Amber's skull and taking out a subdural hematoma, or a blood clot that had formed inside Amber's head. Dr. Pittman, a neurosurgeon, observed that Amber's brain was discolored and swollen, indicating it had been without oxygen or blood for a period of time; the skull was not fractured; Amber was very small for her age, had multiple bruises, and exhibited no conscious movement but only reflexive reactions to pain; one of her eyes was dilated, and the other was nonreactive; and there was retinal hemorrhaging.

Diane Williams, a clinical nurse specialist, observed Amber in the intensive care unit at Cardinal Glennon after the craniotomy. Williams noticed Amber's body bore extensive bruising, in areas where children normally do not sustain bruises in their everyday activity; she appeared undernourished; and she was missing hair. Williams testified, over defendant's objection, that she suspected abuse due to Amber's bruising and low body weight.

Scott Walker, a detective with the O'Fallon Police Department, and Erika Allstead, a worker with the Division of Family Services ("DFS"), met with defendant at Cardinal Glennon. Walker brought defendant to the O'Fallon police station. According to Allstead, when they arrived at the police station defendant stated without being asked, "I didn't do it and I don't beat Amber."

Defendant wrote out a statement about what had happened at the police station, which she later discussed with Walker after he informed her of her Miranda rights. In her statement, defendant claimed: she had spent the morning of February 20, 1992, running errands with Amber and the other children; upon returning home that afternoon, she put all the children in bed for naps; Amber later came walking toward defendant, with her eyes rolled back, making a gurgling noise; at this point, defendant took Amber across the street to the fire station.

The next day, February 21, 1992, Allstead and Walker interviewed Nicole, defendant's three year old daughter, at defendant's parents' house. Defendant was not present. When asked how Amber was injured, Nicole told Walker and Allstead "Amber was bad" and "Mommy spanked Amber and Amber fell down the steps." Nicole demonstrated what happened by throwing a doll from the top of the basement steps. Nicole stated Amber had fallen all the way down the stairs, and defendant had tried to catch her. According to Walker, defendant never mentioned Amber had fallen down stairs.

Shari Curatolo Payne was the wife of a friend of Keith Okai's and had babysat Amber prior to the time defendant moved in with Keith. Payne testified she talked to defendant at a bowling alley a few weeks prior to Amber's death. According to Payne, when she asked "how it was going with Amber[,]" defendant answered, "Amber was nothing but a brat[,]" and "[t]hat she couldn't stand her and that she wishes she was just out of the way."

Keith Okai testified he woke up at about 6:00 a.m. on February 20, 1992, was at work by 7:00 a.m., and did not see Amber until that evening at Cardinal Glennon. Keith denied ever striking Amber on or about the face or head, shaking her, or forcing her head against a wall or floor, but admitted he disciplined Amber by spanking her. Keith testified he saw bruises...