State v. Chester

• Decision Date: 03 February 2021
• Docket Number: NO. 19-KA-363,19-KA-363
• Citation: 314 So.3d 914
• Parties: STATE of Louisiana v. Teddy CHESTER
• Court: Court of Appeal of Louisiana — District of US

314 So.3d 914

STATE of Louisiana

v.Teddy CHESTER

NO. 19-KA-363

Court of Appeal of Louisiana, Fifth Circuit.

February 03, 2021

COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable Paul D. Connick, Jr., Thomas J. Butler, Darren A. Allemand

COUNSEL FOR DEFENDANT/APPELLANT, TEDDY CHESTER, Shanita Farris, Rachel I. Conner

AMICUS CURIAE, THE CENTER FOR INTEGRITY IN FORENSIC SCIENCES AND THE INNOCENCE NETWORK Bidish, J. Sarma

Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and Hans J. Liljeberg

JOHNSON, J.

Appellant, Teddy Chester, was convicted of first degree murder in violation of La. R.S. 14:30 on May 14, 1997, after a two-day trial, and the jury recommended a sentence of death shortly thereafter. Defendant applied for federal relief after exhausting all avenues for relief in the state court system. The United States District Court for the Eastern District of Louisiana granted Defendant's writ of habeas corpus and ordered the State to either release or retry Defendant. After a second trial in 2018, Defendant was convicted of second degree murder and sentenced to life imprisonment. On appeal, Defendant has identified several assignments of error, which Defendant urges cumulatively, if not individually, require reversal of his conviction and sentence. For the following reasons, we affirm Defendant's conviction and sentence.

FACTS AND PROCEDURAL HISTORY

In the early morning hours of December 27, 1995, Mr. John Adams was shot and killed inside the cab he operated on Calhoun Street in Kenner, Louisiana, an area known for drug-related activity. Investigators were told that "Fella," as Elbert Ratcliff was known in the area, was involved with the murder. Jefferson Parish Sheriff's Office (JPSO) personnel found the fingerprints on business cards found in Mr. Adams’ cab matched Mr. Ratcliff's fingerprints. Once apprehended, Mr. Ratcliff told JPSO that Defendant, Teddy Chester, shot Mr. Adams. Defendant insisted he was only trying to sell the victim fake drugs, but Mr. Ratcliff shot the victim while trying to rob him. A grand jury indicted both Defendant and Ratcliff for the murder of Mr. Adams in April of 1996.

On May 14, 1997, after a two-day trial, a jury found Defendant guilty of first degree murder, in violation of La. R.S. 14:30, and, two days later, recommended he be sentenced to death. Defendant unsuccessfully challenged his conviction and death sentence in the state courts. Having exhausted all avenues of relief in the state court system, Defendant filed a federal petition for a writ of habeas corpus under 28 U.S.C. § 2254(d). On June 11, 2018, the federal court granted the writ and ordered the State of Louisiana to either retry Defendant or to release him from state custody within the following 120 days. See Chester v. Vannoy , 16-17754, 2018 WL 2970912, at *1 (E.D. La. June 11, 2018).

On August 16, 2018, the State amended the 1996 indictment to charge Defendant with second degree murder. On September 13, 2018, a Jefferson Parish Grand Jury indicted Defendant with second degree murder in violation of La. R.S. 14:30.1, and Defendant was arraigned and pled not guilty. On October 1, 2018, the United States District Court for the Eastern District gave the State until November 15, 2018, to retry Defendant.

Defendant's trial began on October 29, 2018.

Nancy Clary, the designated representative for the custodian of records for the Jefferson Parish Sheriff's Office (JPSO) 9-1-1 call center, testified that on December 27, 1995, at 6:15 a.m., a 9-1-1 call came in from 713 Calhoun Street and the 9-1-1 caller advised that there was a cab parked across the street with its motor running, doors open, and lights on.

Robert Murphy, a retired JPSO deputy, testified that on December 27, 1995, he responded to the call regarding an abandoned vehicle in the area around 713 Calhoun Street. When Mr. Murphy, who was less than two minutes away, arrived at that location, he observed a Kenner cab leaning against a cement object, with its motor running, its lights on, and the driver-side door open. He observed through the open driver's door a white male, later identified as John Adams, slumped in the driver's seat with his head back and a wound to the back of his head. Mr. Murphy secured the crime scene, called for Emergency Medical Services, and notified the detective bureau, the crime scene division, and his supervisor.

Mr. Murphy testified that there were cards, including King Cab business cards, a lottery ticket, miscellaneous pieces of paper on the ground outside of the cab, business cards on the floor of the vehicle on the driver's side, and a photograph lying on the victim's left thigh. Mr. Murphy testified that the rear driver-side door was slightly ajar and that there was red liquid pooling in the rear seat area on the floor. He further testified that there was a plastic bag hanging on the interior handle of the driver-side rear door and that the bag contained a long sleeved Guess t-shirt with tags on it.

The trial court qualified Dr. Fraser MacKenzie, who performed the autopsy of Mr. Adams, as an expert in the field of forensic pathology. Dr. MacKenzie testified that the cause of death was a gunshot wound to the head and that the manner of death was homicide. Dr. MacKenzie explained that the firearm was held firmly against the skin as it was fired. He described the trajectory of the bullet as having traveled from the lower left back side of the head to the upper right front side of the head. Dr. MacKenzie testified that a projectile and its copper

jacket were recovered from just inside the victim's head and fragments of lead were removed from the skull.

JPSO Lieutenant Ralph Sacks was the lead detective on the case. Lt. Sacks testified that he learned that on December 27, 1995, at approximately 4:00 a.m., someone called the cab company from a pay phone and requested to be picked up at 713 Calhoun and taken to Susan Park, a neighborhood in Kenner. He stated that he canvassed the Calhoun Street area but could find no eyewitnesses to the shooting. He discovered that Mr. Adams had $34.00 in his left shirt pocket and $260.00 in his wallet, but his pouch was missing. He also stated that he met with Mr. Adams’ mother, Hazel Adams, who told him that Mr. Adams kept cards in his pouch.

Lt. Sacks explained that the people at 713 Calhoun initially did not provide any helpful information, but a "guy named Franklin" later told him Elbert Ratcliff, also known as "Fella," visited the home from time to time. During Lt. Sacks’ investigation, at least two other individuals named "Fella" as a possible suspect. Lt. Sacks asked the crime lab to compare the fingerprints on the business cards found at the crime scene to Mr. Ratcliff's fingerprints, and the prints matched.¹ He subsequently obtained an arrest warrant for Mr. Ratcliff and a search warrant for his residence at 525 Richard, Apartment 1 in River Ridge. Lt. Sacks testified that Ratcliff's last known residence was in close proximity to the scene of the homicide. On March 5, 1996, Lt. Sacks informed Mr. Ratcliff's father of the warrant for his son's arrest but no items were seized during the search of the home. Later that day, Mr. Ratcliff contacted Lt. Sacks and was subsequently arrested for first degree murder.

Lt. Sacks recalled that Mr. Ratcliff implicated Defendant, Teddy Chester, in the homicide on the way to the detective bureau. Once Mr. Ratcliff arrived at the detective bureau, he was advised of his Miranda rights, which he waived, and then he gave a statement. Lt. Sacks presented a photographic lineup to Mr. Ratcliff containing Defendant's picture, and Mr. Ratcliff positively identified Defendant. He recalled that Mr. Ratcliff acknowledged handling the business cards at the crime scene and removing the pouch. Lt. Sacks attempted to locate Defendant as a person of interest using a flyer. Lt. Sacks acknowledged that Mr. Ratcliff, in the third of several recorded statements he made, identified Defendant as the person who shot John Adams. He later made contact with Defendant's family and advised them that he was looking for Defendant.

Lt. Sacks testified that on March 18, 1996, police were dispatched to a residence regarding a disturbance. Earlier, Lt. Sacks’ colleague, JPSO Lt. Vincent Bosco, testified that at approximately 9:00 a.m. that day, he responded to a call at 11108 Newton Street, Apartment C. The dispatcher had advised that a female caller was having problems with a male. When Lt. Bosco arrived, there were two females present. One of the females told him that the male inside was the one who killed the cab driver. He observed a black male dive headfirst out of the second-story window. He then got on the radio and advised headquarters so more units could respond and establish a perimeter to contain that individual. Lt. Bosco testified that the black male was later located, detained, and identified at 429 Upland Street. Lt. Sacks later testified that the male, identified as Defendant, was taken to the detective bureau along with Quinice Pollard, Defendant's girlfriend, and her sister, Kaprice Pollard.² The sisters gave the police aliases during initial contact but the police discovered their true identities and that they had warrants so they were arrested.

On that same day, before speaking with Defendant, Lt. Sacks obtained an arrest warrant for him and a search warrant for his residence at 308 Jackson Street in Kenner. He stated that when he went to Defendant's residence to execute the search warrant, no one answered the door. Lt. Sacks explained that he entered the home through an open window he found on the side of the house. During the search, Lt. Sacks retrieved items, including an Oakland Raiders baseball cap, a pair of jeans, and a letter. He believed that the cap and the jeans had blood on them.

Lt. Sacks testified that he went to JPSO's Homicide Division after executing the search warrant and advised Defendant of his rights on March 18, 1996. He further testified...