State v. Chapple, 23836-5-II.

• Decision Date: 09 November 2000
• Docket Number: No. 23836-5-II.,23836-5-II.
• Citation: 103 Wash.App. 299,12 P.3d 153
• Parties: STATE of Washington, Respondent, v. Damon Lopez CHAPPLE a/k/a Damon Greadington, Appellant.
• Court: Washington Court of Appeals

12 P.3d 153

103 Wash.App. 299

STATE of Washington, Respondent, v. Damon Lopez CHAPPLE a/k/a Damon Greadington, Appellant.

No. 23836-5-II.

Court of Appeals of Washington, Division 2.

November 9, 2000.

Manek R. Mistry, Backlund & Mistry, Chehalis, for Appellant.

Loren Oakley, Clallam Co. Deputy Pros. Atty., Port Angeles, for Respondent.

PUBLISHED IN PART OPINION

HUNT, J.

Damon L. Chapple appeals his conviction for second degree rape. He argues that the trial court erred by: (1) excluding him from trial and sentencing for disruptive behavior; (2) admitting his Mirandized¹ statements to police; (3) admitting prior recorded testimony of the physician who examined the victim; (4) precluding his cross-examination of an adverse witness; and (5) sentencing him to life in prison without the possibility of parole. In his pro se supplemental brief, Chapple also argues that he is innocent and that being shackled "in front of the jury" prejudiced his defense.

We hold that the trial court did not abuse its discretion in balancing Chapple's constitutional right to a fair trial against the court's need to manage the courtroom and to finish the trial in a safe and orderly manner. Achieving this balance was especially challenging in light of Chapple's extraordinary strength, repeated volatile disruptions, threats to kill, and taunts that he was in control because he was already facing a 125-year sentence and there was nothing the court could do to deter his behavior. We affirm.

FACTS

I. THE CRIME AND INVESTIGATION

Chapple was incarcerated at Clallam Bay Corrections Center (CBCC), serving a sentence for 125 years. His cell was adjacent to Brian Moore's. On May 13, 1997, corrections officers discovered Chapple and Moore together in Chapple's cell, with Moore "[s]itting in the corner with his legs drawn underneath him." Because it is a major infraction of prison rules for two inmates to be in one cell, the officers treated Chapple's cell as a crime scene.

Officers took Chapple to the intensive management unit and Moore to the medical unit. Moore first told staff that nothing had happened. But several hours later, at 5:45 P.M., he reported that at about 1:15 P.M., Chapple had raped him. Moore consented to a "rape kit process" and was taken to Forks Hospital, where he was examined by Dr. Harvey Fritz. Dr. Fritz found bruising and "fresh" tears in Moore's rectum.

After speaking with Moore and Dr. Fritz at the hospital, Clallam County Deputy Sheriff Ralph Edington obtained a search warrant "to collect evidence and have Mr. Chapple examined." At 1:28 A.M., on May 14, Edington went to CBCC, notified Chapple of the search warrant, and gave Chapple Miranda warnings. Chapple invoked his right to an attorney and his right to remain silent; Edington left the prison.

Later that day, officers transported Chapple to the hospital "for collection of a sexual assault kit," arriving by 2:00 P.M. Chapple was restrained with "[b]elly chains, leg irons or leg cuffs and handcuffed to the belly chains." Present with Chapple were Dr. Fritz, Deputy Sheriff William Cortani, Detective Randy Pieper, possibly two other police officers, and "some corrections officers." Chapple "started [a] conversation" with Detective Pieper, telling him that "he [Chapple] would make a statement after he spoke with his attorney."

Dr. Fritz began "gathering the evidence from the rape kit," but when it came time for the rectal examination, Chapple became "very upset" and "uncooperative," threatening to bite off Pieper's nose. For nearly one-half hour, the officers "continued discussing [with Chapple] the need to adhere to the search warrant and continue the sexual assault kit collection procedures." Chapple responded "that he did not see the need for it because there was no rape, that it was with consent and there was no force used." Chapple continued that "it was consensual sex and the only reason that Moore ... was saying it was rape [was] because Mr. Moore had been caught in Mr. Chapple's cell."

Detective Pieper interrupted Chapple, asking Chapple if he "was initiating contact ... and wanted to talk about what had occurred." Chapple answered that "he did," Pieper told him he "would need to re-advise him of his rights," and Chapple said "that was fine." At that point, Sergeant Lanahan entered the room and told Chapple that he needed to comply with the search warrant; Chapple responded that "the rectal exam part was not going to be done." Pieper advised Chapple of his Miranda rights, Chapple executed a waiver of those rights, and Chapple "began explaining how ... Moore ... always came in, ... and that the sex was consensual."

II. THE DEADLOCKED FIRST TRIAL

The State charged Chapple with one count of second degree rape. At the CrR 3.5 hearing,² the trial court found that Chapple's statements were voluntary. When Chapple's attorney began discussing motions in limine, Chapple interjected:

[CHAPPLE]: I don't want to exclude anything. I want everything I have been accused of; don't matter; let me change my plea because I don't care....

. . . .

THE COURT: In light of what you said, talk to [defense counsel] some more.

[CHAPPLE]: Look, just give me some papers.

THE COURT: I am not trying to take anything from you.

[CHAPPLE]: You can't embarrass me, take anything from me.... Get these motherfu[* *]ing papers and they can do what they have to deal with before I kill one of them.

. . . .

THE COURT: Talk to [defense counsel].

[CHAPPLE]: I don't have to talk to anybody about it.

THE COURT: Listen to me; you are creating a problem.

[CHAPPLE]: I just told you to get me some papers to sign; I don't have to talk to nobody, if I don't want to talk to them. I don't fear nothing, nobody at no time. Fu[* *] you and fu[* *] him and fu[* *] everybody else and—

THE COURT: We are done.

[CHAPPLE]: I'm not fu[* *]ing around, motherfu[* *]er.... I call the shots here and when we're done, we're done.

The trial judge had Chapple removed from the courtroom and then addressed defense counsel and the prosecutor: "If he doesn't want to be here and he creates a ruckus, we will have to deal with that." Trial began in January 1998, but the jury was unable to reach a unanimous verdict.

III. THE DISRUPTED SECOND TRIAL

At Chapple's second trial, Moore testified that at the time of the rape he was 19-years-old, five-foot-nine-inches tall, and weighed 125 pounds; whereas 37-year-old Chapple was five-foot-eleven-inches tall, weighed 200 pounds, and could bench press 500 pounds and squat lift 800 pounds. Chapple had told Moore that: (1) he [Chapple] was in prison for beating two people to death;³ (2) (one week before the rape) "he [Chapple] had 125 years; he could come over to my cell, do anything he wanted to me and there is nothing anybody could do to him"; and (3) (the day of the rape)—

Either you come over to my cell or I'm coming over to yours, and I have 125 years; there's nothing anybody can do to me. I could kill you. I could beat you and I could do what I want to you. There's no amount of time somebody could give me.

Because he was afraid, Moore went to Chapple's cell, where Chapple raped him anally. Upon being discovered by corrections officers, Chapple told Moore to tell the officers that he (Moore) had come over to Chapple's cell voluntarily to watch television. When on redirect examination Moore responded to a question about Chapple's eye color, Chapple spoke out, "They are black like my skin." The trial judge instructed the prosecutor to proceed.

During Correctional Supervisor Michael Leahy's testimony, the prosecutor sought to admit a letter from Chapple to his cousin, who was incarcerated in another institution. The judge excused the jury, and the prosecutor explained to the court that Chapple had asked his cousin to threaten witnesses, including Moore. Chapple again spoke out: "They don't have any business messing with my property and there is nothing in there, no threatening mother fu[* *]ing punk...." Chapple and the trial judge had the following verbal exchange:

THE COURT: We're not talking about that issue right now.

[CHAPPLE]: I'm arguing it.

THE COURT: Let's wait and argue it.

[CHAPPLE]: This is my courtroom; isn't got nothing to do with you; this is my courtroom. None of you can do this to me up in here and this is me and my life; nothing to do with you, you little punk.

After the jury returned to the courtroom, Leahy concluded his testimony without further interruption from Chapple. But when the judge excused the jury for the day, Chapple announced, "I'm going to cuss somebody out." Officers then removed him from the courtroom.

The next day, in the jury's absence, defense counsel moved to cross-examine State's witness Larry Kleven, an inmate at CBCC, about his 1996 escape attempt. The trial court initially granted the motion but ultimately denied it because Kleven said he intended to invoke his Fifth Amendment privilege against self-incrimination. With the jury present and Kleven about to take the witness stand, Chapple blurted out, "Sure be glad when you get this Klu [sic] Klux Klan meeting over with; I'm getting tired."

The trial judge again ordered the jury removed and the following colloquy ensued:

[CHAPPLE]: Sh[* *]; for what? Let the motherfu[* *]ers stay anyway.

THE COURT: Mr. Chapple, we're not going to have the trial—

[CHAPPLE]: Fu[* *] the jury; fu[* *] the trial; fu[* *] all you motherfu[* *]ers. I don't give a fu[* *] about you or this trial or this jury.

THE COURT: If you don't want to participate in the trial, we'll go without you; that's the only choice you have.

[CHAPPLE]: Why did you bring me?

THE COURT: We didn't know you were going to say this.

[CHAPPLE]: You should already know.

THE COURT: You have been here and you have been participating fine up to this point and I hope you would continue to do that and we can get through the trial but if you make statements in front of the jury like that—

. . . .

[CHAPPLE]: Am I lying? ...

THE COURT: I am

...