State v. Casey

• Decision Date: 26 January 2000
• Docket Number: No. 99-KA-0023.,99-KA-0023.
• Citation: 775 So.2d 1022
• Parties: STATE of Louisiana v. James Michael CASEY.
• Court: Louisiana Supreme Court

775 So.2d 1022

STATE of Louisiana v. James Michael CASEY.

No. 99-KA-0023.

Supreme Court of Louisiana.

January 26, 2000.

Rehearing Denied March 17, 2000.

Lawrence M. Johnson, John Michael Lawrence, New Orleans, Counsel for Applicant.

Richard P. Ieyoub, Attorney General, James M. Bullers, District Attorney, Whitley Robert Graves, Benton, Counsel for Respondent.

KIMBALL, Justice.¹

On May 28, 1998, a jury convicted the defendant, James Michael Casey, of the first degree murder of Christina Wolfe. One day later, after the penalty phase hearing, the jury unanimously determined that the defendant should receive the death penalty. The defendant was subsequently sentenced to death by the trial judge in accordance with the jury's recommendation. Pursuant to La. Const. art. V, § 5(D), the defendant appeals his conviction and sentence arguing fifteen assignments of error and one supplemental assignment of error.²

FACTS

On the night of May 24, 1996, twelve-year-old Christina (Christy) Wolfe, invited her best friend, Christina Casey, to spend the night at her apartment, located at the Park Place Apartments in Bossier City. Christina Casey lived in the same apartment complex. After returning from inviting her friend to spend the night, Christy Wolfe, clad in a bikini top and shorts, told her mother, Cheryl Wolfe, that Christina's father, United States Air Force Sergeant James Casey, made suggestive comments to her earlier that day about her apparel and pinched her on the buttocks. When Cheryl Wolfe went to James Casey's apartment later that evening to lend him a videotape and some money, she did not mention the incident.

During the early morning hours of May 25, 1996, the defendant walked past the Wolfes' apartment and saw the two girls smoking cigarettes through the open bedroom window, which was open because of the heat and the fact that the air conditioner was out of order. The defendant, from the outside, ordered his daughter home. After returning to his apartment and chastising his daughter for smoking, the defendant returned to the Wolfes' apartment at approximately 2:25 a.m. Cheryl Wolfe, asleep on the living room sofa, testified at trial that she awoke to find defendant standing in her open doorway. Defendant, who appeared drunk, told Cheryl Wolfe that he had caught the girls smoking, sent his daughter home and told her she was no longer allowed to see Christy Wolfe. Cheryl Wolfe further testified that after defendant left, she checked on Christy Wolfe, who was awake and unharmed, and talked to her about the smoking incident. Cheryl Wolfe then went back to sleep in the living room. Upon awakening later that morning, Cheryl Wolfe went into Christy's room and found her naked and dead underneath a blanket on her bed.

Upon arrival at the scene, the police conducted an extensive search of the bedroom, but were hampered in their investigation due to the complete disarray and unsanitary conditions that existed in the apartment. However, they did discover two sweat-like patterns on the bed mattress, one under Christy's body and one next to her body. The police also found a wad of used tape with large amounts of hair attached to it hidden inside a sweater in a dresser drawer near the foot of the bed. The wad of tape, six feet long when unwrapped, was examined and the hair on it matched that of Christy Wolfe. The coroner determined that the tape had been used as a ligature to strangle Christy Wolfe as the twisting in the tape matched the bruise marks on the girl's neck. The tape was a type only sold commercially to moving companies and had been sold to a company in South Carolina, where the defendant had been stationed three years earlier, that was under contract to the United States Air Force to pack and move air force personnel. The tape was sent to the FBI laboratory for fingerprint analysis where two full thumb prints were uncovered near the end of the tape. These fingerprints were later matched to the right and left thumb prints of the defendant.

Although no conclusive sign of rape was detected, seminal fluid, without sperm, was discovered in Christy Wolfe's vaginal and anal areas as well as in her nasal passages. As the seminal fluid did not contain sperm, a DNA analysis was impossible. During their investigation the police learned from defendant's ex-wife that he had undergone a vasectomy during the course of their marriage. Further, the ex-wife recognized the tape as being similar to the type used by the moving company in South Carolina, and Christina Casey told the police that several boxes with similar tape on them were in her father's apartment at the time Christy Wolfe was murdered.

On January 31, 1997, the Bossier Parish police arrested James Casey at his apartment and executed a search warrant. The state subsequently indicted him on one count of first degree murder. After the trial, begun May 18, 1998, a unanimous jury found the defendant guilty as charged. After finding the presence of two aggravating circumstances,³ the same jury, again unanimously, determined that defendant should receive the death penalty. A sentence of death was subsequently imposed by the trial court.

LAW AND DISCUSSION

Assignments of Error Nos. 3 and 13

In his third and thirteenth assignments of error, the defendant argues that the trial court erred in denying his motion to suppress clothing, packing tape, five cardboard boxes, other personal items seized during the search of his apartment and the return on the search warrant. The defendant argues specifically that the information contained in the affidavit in support of the search warrant was stale in that it was based on information three years old and contained erroneous information.

A person is constitutionally protected against unreasonable search and seizure of his house, papers and effects. Thus, a search and seizure of such shall only be made upon a warrant issued on probable cause, supported by oath or affirmation, and particularly describing the place to be searched and thing(s) to be seized. U.S. Const. amend. IV; La. Const. art. I, § 5 (1974). The general rule is that probable cause sufficient to issue a search warrant "exists when the facts and circumstances within the affiant's knowledge and of which he has reasonably trustworthy information, are sufficient to support a reasonable belief that an offense has been committed and that evidence or contraband may be found at the place to be searched." La.C.Cr. P. art. 162; State v. Johnson, 408 So.2d 1280, 1283 (La.1982). The issuing magistrate must make a practical, common sense decision whether, given all the circumstances set forth in the affidavit, a fair probability exists that the evidence of a crime will be found in a particular place. State v. Byrd, 568 So.2d 554, 559 (La.1990). Additionally, a search warrant must establish a probable continuing nexus between the place sought to be searched and the property sought to be seized. State v. Weinberg, 364 So.2d 964, 968 (La.1978). Further, an affidavit must contain, within its four corners, the facts establishing the existence of probable cause for issuing the warrant. State v. Duncan, 420 So.2d 1105, 1108 (La.1982).

In this case, the affidavit in support of the warrant contained, in full, the following statements of fact:

On May 25, 1996 Christine [sic] Wolfe was found dead in her apartment located at 400 John Wesley Blvd., Apartment 131, Bossier City, Bossier Parish, Louisiana. The investigation showed that Christine [sic] Wolfe died due to hypoxia due to ligature strangulation.

During the search of the murder scene, a quantity of tape was found which had human hair on it which was later determined to be microscopically similar to the hair of Christine [sic] Wolfe and probably originated from her. Further investigation determined that the marks on Christine [sic] Wolfe's neck were consistent with markings which would have been produced by the tape.

Two fingerprints were found on the tape taken from the apartment which were determined to be from James M. Casey.

The tape was determined to be a tape not normally sold retail but used by commercial establishments. Further investigation showed that James Casey moved from Shaw, South Carolina and subsequently to Bossier City and that the company that was used by James Casey to move from Shaw, South Carolina used the same type tape found at the scene of Christine [sic] Wolfe's murder.

James Casey lives in 400 John Wesley Blvd., Apartment 149, and was living there on May 25, 1996. James Casey's former wife advised the officers that at least two boxes existed inside Apartment 149 when she moved away which were packed by the moving company in South Carolina which used the same type tape as found at Christine [sic] Wolfe's murder scene bearing the hair and finger prints [sic] stated above.

A warrant may become stale if facts and circumstances at the time of its execution show that probable cause no longer exists. State v. Ogden, 391 So.2d 434, 437 (La.1980) (citing State v. Gilbert, 354 So.2d 508, 513 (La.1978)). Thus, "staleness is only an issue when the passage of time makes it doubtful that the object sought in the warrant will be at the place where it was observed." State v. Tate, 407 So.2d 1133, 1137 (La.1981). The defendant argues that the information in the last paragraph of the affidavit is stale. Specifically, he contends that the events in South Carolina concerning the moving company occurred three years before the warrant was issued, and the warrant contains erroneous information.⁴ Defendant extends his argument to further allege that the affiant intentionally misrepresented the facts in order to avoid the issue of staleness. For an affiant to make a material and intentional misrepresentation to a magistrate constitutes a fraud upon the court and will result in the invalidation of the warrant and suppression of the items seized. Byrd, 568 So.2d at 559; State v. Williams, 448 So.2d 659, 663 (La.1984)....