State v. Cooks
| Decision Date | 09 September 1998 |
| Parties | 97-0999 La |
| Court | Louisiana Supreme Court |
R. Neal Walker, New Orleans, for Applicant.
Richard P. Ieyoub, Atty. Gen., Paul Carmouche, Dist. Atty., Catherine M. Estopinal, Shreveport, Erin Brainard, Michael A. Pitman, Shreveport, for Respondent.
[97-0999 La. 1] VICTORY, J. *
Michael A. Cooks was indicted for the first degree murder of Joe Frazier in violation of La. R.S. 14:30. After a bifurcated trial, the jury found the defendant guilty as charged and unanimously recommended a death sentence. This is a direct appeal from that conviction and sentence. La. Const. art. V, § 5(D)(2); La.C.Cr.P. art. 912.1(A). The defendant raises numerous assignments of error for reversal of his conviction and sentence. 1 Finding no reversible error, we affirm the conviction and sentence.
FACTS
On January 20, 1995, the defendant, Michael Cooks, along with Victor Norris, Alvin Bratton, Eric Williams, Justin Griffin, and a man referred to as "Rule Dog," agreed to commit an armed robbery at 3526 Darien Street in Shreveport. The house was occupied that night by the victim, Joe Frazier, and by Ronald Ford and Carlos Bryant. Although testimony by Ford and Bryant, who survived the [97-0999 La. 2] shootings, and by co-defendant Williams differed as to the details surrounding the robbery and shootings, each of the witnesses testified the defendant walked alone to the front door and knocked. Bryant answered and instructed the defendant, whom he knew, to go the back of the house. The defendant knocked again at the back door, and, when Bryant answered, the defendant entered followed by his five co-perpetrators, all of whom were armed. Defendant was armed with a .45 automatic.
Williams testified as follows. Upon entering the house, defendant asked for marijuana and was given four bags by Ford. Victor Norris, also known as "Slap," pulled out his gun and hit Bryant. One of the men held a gun to Bryant's head and lead him through the kitchen. Defendant and another of the men remained in the back room with Frazier where he had been taken. Williams and Bratton dragged Ford towards the front of the house while defendant kicked a padlocked bedroom door in. At some point, Williams heard a gunshot coming from the back room where Slap remained with Frazier. Williams and Bratton dragged Ford into the formerly locked front bedroom and ransacked the room finding a pound of marijuana. Shortly thereafter, Slap came into the back room, hit Ford, then shot him as he fell to the floor near the window. At the same time, Williams testified that defendant shot Bryant in the hallway. Allegedly scared by the shooting, Williams, Bratton, and Griffin ran from the house, passing Frazier in the front room who was lying on his stomach. As they ran from the house towards the car, Williams heard defendant in the back room where Frazier was lying yell, "kill that bitch." 2
[97-0999 La. 3] When Ford's brother Anthony arrived at the house, Bryant told him that M.C. shot him. Anthony knew Bryant was referring to the defendant, Michael Cooks. Anthony found his brother in the bathroom near the hallway and attempted to administer C.P.R. while he waited for the ambulance to arrive. The first police officers to arrive apparently spoke with Ford who identified "J.C. Cooks" as his assailant. When paramedics arrived, they determined Frazier was dead but were able to stabilize Ford and Bryant and transport them to the hospital.
At trial, Williams testified he and Alvin Bratton carried 9 mm automatics, Slap had either a .32 or .38 revolver, and the defendant carried a .45 automatic. Bryant testified Frazier owned a .32 and a .380, both automatics, but was unsure which Frazier had with him the night of the shooting. Bryant had a .357 revolver. Both guns were stolen by the defendant and his co-perpetrators.
The medical examiner testified Frazier had been shot fourteen times. Eleven bullets entered Frazier's back with their trajectory consistent with the victim lying on his stomach on the floor. At least eight of these gunshot wounds were fatal. Ford was shot twice in the hand, twice in the back and once in the head. His head wound required extensive surgery and resulted in brain damage. Bryant was shot twice in the shoulder, twice in the corner of his jaw, and once in the back of his neck. One of the bullets which entered his jaw traveled upwards into his skull and resulted in the loss of sight in one of his eyes.
Expert testimony at trial corroborated portions of the differing accounts of the shootings. Four 9 mm shell casings were found in the back room in a semi-circle [97-0999 La. 4] around the couch and Frazier's body. Four .45 shell casings were found in the back room. One was found at Frazier's feet; the other three were found leading away from the back room towards the kitchen. Six bullets were found near Frazier, some imbedded in the floorboards underneath him. Three of the bullets were fired by a .45 automatic, two were fired by a 9mm automatic, and one was fired by a .32 revolver. Seven .45 shell casings were recovered in the hallway and in the bathroom near where Ford was found by his brother. One bullet jacket and one bullet core, each consistent with either a .38 or a .357, were found in the living room where Anthony Ford found Bryant, and one .38 or .357 bullet was found in the bedroom which had been ransacked. Finally, four .32 bullets were removed from Frazier's body during the autopsy; one .45 bullet had passed through him and lodged in his clothing.
Shortly after the shootings, both Bryant and Ford identified the defendant as one of the perpetrators from two different photographic line-ups. They also identified Bratton, Griffin and Williams. Victor Norris, also known as Slap, was implicated by his co-perpetrator's testimony. The defendant's girlfriend, Tina Henderson, and her sister, Charlene, later gave police letters written to them by the defendant. In one letter, the defendant told Charlene he and Slap had participated in the robbery and shooting. 3 He explained that they had planned to rob the victims [97-0999 La. 5] of marijuana, and shortly after arriving in the house, Slap began shooting. Defendant wrote that because Ford, Frazier and Bryant knew him, he shot them and left them for dead lest they report the shooting. He also wrote that he had ordered that the survivors, Bryant and Ford, be killed. Defendant told Charlene much the same story over the phone when he called her from jail.
Although eyewitness testimony was somewhat inconsistent, each of the three witnesses agreed the defendant was in charge the night of the shooting and that he ordered the killing of at least one victim, Frazier. Moreover, each of the three eyewitnesses, along with other witnesses familiar with the defendant, testified at the guilt phase that the defendant, known on the street as "Mad Monsta Crip," was an "Original Gangster," or "O.G.," a leader of the Wilkenson Terrace Rollin' 60's gang. The prosecutor argued in closing that each of the co-perpetrators was bound to obey defendant's order to kill in light of defendant's "O.G." status. The jury returned a verdict of guilty as charged.
At the penalty phase, the state introduced evidence of three of defendant's offenses, simple burglary, aggravated assault, and attempted second degree murder. With respect to the latter, Deputy Ricky York, an officer at CCC Parish Jail, testified that on August 22, 1995, shortly before the instant trial, defendant initiated a fight in jail with fellow inmate Jackie Sampson for which he was later charged with attempted second degree murder.
Prosecutors also called Charlene and Tina Henderson to testify. Charlene read extensively from defendant's letters, including portions in which he threatened Tina's life and described a prison riot which he initiated.
[97-0999 La. 6] Finally, Officer Chad Zimmerman was qualified as an expert in gang violence and testified regarding the history of gangs in America and their expansion from Los Angeles, where they originated, into other parts of the country, including Shreveport. Zimmerman explained that every gang is extremely violent, and that someone the age of the defendant would be an original gangster, or a leader of the gang. Zimmerman also read and interpreted letters written by defendant, including one in which defendant, according to Zimmerman, explains how he is threatening a cell mate from another gang. Zimmerman also read threats against Tina and indicated he believed defendant would kill Tina if released because Tina cheated on him and lied about being pregnant. On cross-examination, Zimmerman stated that to be an O.G., one must have committed more than one serious felony and that it would be unusual for a 32-year-old [defendant's age] to have joined a gang recently.
As evidence of mitigation, the defendant's oldest sister testified their mother began beating defendant when he was six. Defendant's niece, his oldest son, Rodrickus, and Rodrickus' mother testified the defendant is a good father and uncle. Rodrickus read a letter from his father in which defendant cautions him not to join a gang. Defendant also called Dr. Mark Vigen, a psychologist, who testified the defendant was raised in a violent environment and is moderately mentally retarded. Vigen explained the effects of abuse on children which include a loss of self-control. He also expressed his opinion defendant would do well in prison and had a positive relationship with his son.
The jury determined defendant should be sentenced to death after finding as aggravating circumstances: (1) that the defendant was engaged in the commission or attempted commission of armed robbery or first degree robbery or simple [97-0999 La. 7] robbery; and (2) that the defendant knowingly created a risk of death or great bodily harm to...
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