State v. Celebisoy, No. 31597-1-II (WA 1/4/2006), No. 31597-1-II
| Decision Date | 04 January 2006 |
| Docket Number | Consolidated with No. 31599-8,No. 31597-1-II |
| Court | Washington Supreme Court |
| Parties | STATE OF WASHINGTON, Respondent, v. MERT CEM CELEBISOY, Appellant, STATE OF WASHINGTON, Respondent, v. FELIX JOSEPH D'ALLESANDRO, Appellant. |
Appeal from Superior Court of Thurston County. Docket No: 03-1-01390-4. Judgment or order under review. Date filed: 03/31/2004. Judge signing: Hon. Richard D Hicks.
Counsel for Appellant(s), Peter B. Tiller, The Tiller Law Firm, PO Box 58, Centralia, WA 98531-0058.
Patricia Anne Pethick, Attorney at Law, PO Box 7269, Tacoma, WA 98406-0269.
Counsel for Respondent(s), David Harold Bruneau, Thurston Co Pros Aty Office, 2000 Lakeridge Dr SW, Olympia, WA 98502-6001.
Mert Celebisoy and Felix D'Allesandro appeal their convictions for first degree murder while armed with a deadly weapon.1 Additionally, D'Allesandro appeals his exceptional sentence, arguing that it violates the recent Supreme Court decision in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004).
Both defendants argue that the trial court erred by (1) refusing to instruct the jury on the lesser included offenses of first or second degree manslaughter; (2) denying a motion to sever their trials; (3) allowing evidence of the victim's dismemberment; and (4) denying a motion for change of venue. In addition, Celebisoy argues that (1) a deficient court interpreter deprived him of due process; and (2) he received ineffective assistance of counsel. D'Allesandro also argues: (1) denial of his right to a speedy and public trial; (2) erroneous admission of interrogation statements and physical evidence; and (3) lack of the proper nexus to support the deadly weapon enhancement. Both defendants further contend that cumulative error denied them fair trials.
The State concedes that we should vacate D'Allesandro's exceptional sentence and remand for resentencing. Finding no other reversible error, we otherwise affirm.
On July 17, 2003, on his rural Thurston County property, Jay Barrett discovered a human leg lying on a trail and other skeletal remains in two disinterred shallow graves; he called the police. Police found two legs, a left arm, a partial shoulder, and a torso, with five stab wounds to the back, of a dismembered, decomposing body. The arm and partial shoulder were in a garbage bag. The right arm and head were missing.
That same day, while cleaning out his Olympia home's attic, Barrett's friend Charlie Cortelyou discovered a pile of foul-smelling garbage bags. With the assistance of his wife, Jessica Huntting, Cortelyou put the bags into the garbage bin. After Barrett told them about finding human remains on his property, Huntting contacted the police about the garbage bags from their attic. When police inspected the attic debris, they found blood-covered floor mats, a trunk liner, clothing, a spare tire cover, an insurance card for Felix D'Allesandro with a description of a 1994 Toyota, and a notebook containing D'Allesandro's name.
Both Barrett and Cortelyou gave Mert Celebisoy's name to police. Celebisoy had lived for a time at the Cortelyou residence, and Cortelyou had obtained a job for Celebisoy on the Barrett property. Cortelyou had moved away, but when he returned to his vacant home and unexpectedly discovered Celebisoy at the residence, he demanded Celebisoy's key. When Celebisoy did not return the key, Cortelyou changed the locks and subsequently discovered the foul-smelling garbage bags in the attic.
Believing that they had identified D'Allesandro as a possible homicide victim, police went to his address. There, police found the Toyota described on the insurance card in Cortelyou's attic debris. Speaking with D'Allesandro's father, Detective Haller learned that D'Allesandro was alive and at home. D'Allesandro appeared and told police that his father owned the Toyota but that he drove it.
When Detective Haller asked D'Allesandro if he had ever loaned the Toyota to anyone, D'Allesandro replied that he was the only driver and he had not loaned it to anyone. Haller told D'Allesandro that he wanted to look in the car's trunk. D'Allesandro asked, `Why?' and D'Allesandro's father directed D'Allesandro to retrieve the car keys. When D'Allesandro opened the trunk, Haller observed it was clean and empty, with no spare tire cover and an ill-fitting floor covering that appeared to have been freshly cut.
Detective Haller told D'Allesandro and his parents that he was investigating a homicide and that bloodstained items had been found with D'Allesandro's insurance card. When Haller again asked D'Allesandro whether he had loaned his car to anyone, D'Allesandro replied that a month before he had loaned the car to Celebisoy, who had failed to return it when he was supposed to. When Haller reminded D'Allesandro that he was conducting a homicide investigation in which it appeared the Toyota was involved, D'Allesandro replied that `there was more to be told.'
D'Allesandro then admitted having driven the Toyota when Celebisoy killed a man named `Dave'2 during a meeting about drugs; D'Allesandro also gave a tape recorded statement in his parents' presence at their home, during which Detective Haller told D'Allesandro he was not under arrest.3
D'Allesandro's parents signed a consent form, authorizing Haller to take the Toyota into evidence. Haller took possession of the Toyota. Detectives then went to arrest Celebisoy, about whom Haller was already aware from the information Barrett and Cortelyou had previously provided.
Detective Bergt interviewed Celebisoy in custody. Celebisoy related an account of events similar to D'Allesandro's but claimed D'Allesandro had done the killing and that he had only helped dispose of the body afterwards.
The State charged Celebisoy and D'Allesandro, each as principal or accomplice, with first degree murder of George while armed with a deadly weapon. The State charged them alternatively with premeditated intentional murder or felony murder during the course of a kidnapping or attempted kidnapping.
D'Allesandro waived his speedy trial rights until February 15, 2004; trial was set for February 9. On January 23, the State moved to continue because the forensic analysis of physical evidence was not complete. D'Allesandro objected, but the trial court found good cause and granted a continuance until the week of March 8, noting the `large body of evidence,' which could be inculpatory or exculpatory, and that the delay would be 22 additional days.
D'Allesandro moved in limine to suppress evidence from the trunk of his car and his statements. After a hearing, the trial court entered unchallenged findings of fact, including that (1) D'Allesandro's father had cooperated voluntarily in the search of the Toyota's trunk; (2) D'Allesandro had made his statements at home, in the presence of both parents; and (3) Detective Haller had said he would not arrest and did not arrest D'Allesandro.
The trial court ruled that (1) Detective Haller had valid consent to search the Toyota's trunk; (2) D'Allesandro was not in custody at the time of his statements; (3) because there was no custodial interrogation, Miranda warnings were not required; and (4) therefore, D'Allesandro's statements were admissible. The trial court denied the motions to suppress, but it ordered redaction of D'Allesandro's statement to replace references to Celebisoy with `the driver' and `friend.'
Celebisoy moved to sever his trial from D'Allesandro's, arguing mutually antagonistic defenses. The trial court denied the motion, ruling that Celebisoy had failed to demonstrate that any prejudicial effect of joinder outweighed concerns of judicial economy.
Celebisoy also moved to suppress all testimony regarding dismemberment, arguing that such testimony was not relevant to the murder and was highly prejudicial and inflammatory. The trial court denied the motion, ruling that dismemberment of the body was `part of this case and so to deny all reference to the dismemberment or to not allow any reference to dismemberment . . . would even be an error . . . .' Report of Proceedings (RP) at 242.
Defendants' joint jury trial commenced on March 9, 2004. Both defendants testified similarly to their police interview statements.
Celebisoy testified that D'Allesandro had asked him to drive to a meeting with George. D'Allesandro was not satisfied with a recent marijuana purchase and wanted to talk with George. They met George on the street and he got into the car and Celebisoy drove while George and D'Allesandro talked. D'Allesandro demanded his money back and George refused. D'Allesandro became irate, reached over the seat, and stabbed George several times. Celebisoy stopped the car and got out; then George got out of the car, stumbled, and fell near the trunk. Threatening with the bloody knife, D'Allesandro ordered Celebisoy to `{p}op the trunk.' Celebisoy complied and, at D'Allesandro's request, helped lift George into the trunk. Celebisoy denied having any advance knowledge that D'Allesandro was planning to kill George.
D'Allesandro then drove to his parents' home, where he ordered Celebisoy to help clean the blood out of the car. When D'Allesandro threatened Celebisoy and his family, Celebisoy suggested that they take the car to the Cortelyou residence to finish cleaning the car. At the Cortelyou residence, they removed the victim from the trunk and moved his body to a bathroom, where Celebisoy provided D'Allesandro with a `Sawzall' power saw. D'Allesandro dismembered the body, and Celebisoy helped place the pieces in garbage bags.
D'Allesandro placed six bags of dismembered parts into the car's trunk and then Celebisoy helped him move the blood-soaked debris (floor mats, trunk liner, clothing, spare-tire cover, notebook, and D'Allesandro's...
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