State v. Crawford

• Decision Date: 03 April 1978
• Docket Number: No. 11909,11909
• Citation: 577 P.2d 1135,99 Idaho 87
• Parties: The STATE of Idaho, Plaintiff-Respondent, v. Delbert CRAWFORD, Defendant-Appellant.
• Court: Idaho Supreme Court

Page 1135

577 P.2d 1135

99 Idaho 87

The STATE of Idaho, Plaintiff-Respondent, v. Delbert CRAWFORD, Defendant-Appellant.

No. 11909.

Supreme Court of Idaho.

April 3, 1978.

Rehearing Denied May 17, 1978.

Victor J. Rolzitto, Ketchum, for defendant-appellant.

Wayne L. Kidwell, Atty. Gen., Gordon S. Nielson, Sr. Deputy Atty. Gen., Boise, for plaintiff-respondent.

BAKES, Justice.

The defendant appellant Delbert Crawford was tried on an information charging him with the crimes of first degree murder of Paul Peterson and Greg Solosabal, and robbery of Randi Solosabal, the wife of Greg Solosabal. The jury returned verdicts finding the defendant guilty of two counts of second degree murder and one count of robbery. Judgment was entered upon the verdicts, from which the defendant has appealed. These charges arise under the following circumstances.

I

Paul Peterson was a resident of a rented house at 1528 Almo Street in Burley, Idaho. During the autumn of 1974, he had allowed his friends Greg and Randi Solosabal, husband and wife, to park their van, which served as their home, at his residence. During that time Paul and Greg were both frequent users of drugs, including heroin, and dealers in drugs, principally heroin. In the early evening hours of November 7, 1974, Gaye Billingsley, another Burley resident, went to the home of Val Solosabal, Greg's half brother, to borrow a shotgun. Kenneth Goldberg, a friend of Val's who was staying at the house and who was the only person there, lent her the shotgun and three shells. When she returned home, her husband Terry Billingsley took the shotgun and the shells from her, and he and the defendant Delbert Crawford left the Billingsleys' house together, taking the shotgun and shells with them.

That same evening Paul, Greg and Randi, and their daughter were at Paul's house on Almo Street. Paul and Greg were preparing to inject themselves with heroin when two men came to the door. Greg Solosabal, who answered the door, announced, "Terry is here." The first man to enter was tall and blond and carried a shotgun; the other was short and dark haired. Moments later a brief argument ensued concerning money and drugs; Paul and Greg were then each shot once by the tall blond man who held the shotgun. After the two men removed Paul's and Greg's wallets from their bodies, the blond man demanded Randi's money. She gave him the $20 she had in her purse; then the two men left the home. After the two men left, Randi telephoned for emergency aid. However, Paul and Greg both died before any emergency medical aid could reach them. Randi gave the police officers who were investigating the shootings a statement describing the men who had come to the house. In her statement, she identified the tall blond man as Terry Billingsley, but it is unclear whether she identified the dark haired man as Deb Crawford or police officers told her that they believed the other man was named Deb Crawford.

The emergency vehicles which answered the call at the Almo Street residence brought a considerable amount of attention to the area. LeeAnn Anderson, who was acquainted with Paul Peterson, Greg and Randi Solosabal, Terry and Gaye Billingsley, and Delbert and Linda Crawford (who are husband and wife), saw the police cars and ambulances in the area. She drove to the Billingsleys' home to tell the Billingsleys and the Crawfords (whom she knew had been staying with the Billingsleys) about the commotion near Paul's house on Almo Street, but returned to the vicinity of Paul's house when she found no one at the Billingsleys' home. Anderson continued driving around the area until she was finally stopped by a police officer for questioning. According to Anderson's testimony at a suppression hearing, an officer told her that Paul and Greg were dead and that Terry Billingsley was a suspect. Anderson then told the police that Terry and the defendant Delbert Crawford had been displeased with Paul and Greg over drug dealings and that Terry and the defendant had been talking about "ripping them off" to get even and to allow the defendant to obtain money with which he and his wife Linda would go to Arizona. Anderson also gave the police a description of Terry's car. The Burley police put out an all points bulletin on the car.

In the meantime, the Billingsleys and Crawfords had left Burley, pausing on their way out of town to allow Gaye Billingsley to return the shotgun she had borrowed to Kenneth Goldberg. She did not return any of the shells that she had borrowed. The four then drove to Pocatello in the Billingsleys' car. As they were eating at a restaurant-truck stop, a Pocatello police officer became suspicious of them because one of them fit the description of a suspect in a murder that had recently occurred in Pocatello. The officer made a radio check on Terry Billingsley's car and license plates and was informed that the owner of the car was wanted in connection with the shootings in Burley. He was told to arrest the occupants of the car. The officer called for reinforcements and the arrest was made some minutes later after the four had left the restaurant. When the four were later searched incident to their arrest and confinement in the Bannock County jail, the search revealed that the defendant had $513.91 in his possession and that Gaye Billingsley had $469.44.

The following day, November 8, 1974, a complaint was filed in the magistrates division of the district court of Cassia County. The complaint charged the defendant and Terry and Gaye Billingsley with the murders of Paul Peterson and Greg Solosabal, and the defendant and Terry Billingsley with the robbery of Randi Solosabal. According to the complaint, Terry Billingsley shot the decedents with a shotgun while acting in concert with Gaye Billingsley and the defendant. Thirteen days later, November 21, 1974, the criminal complaint was amended charging the defendant, rather than Terry Billingsley, with being the person who discharged the shotgun, killing the two decedents. There were no further amendments to the criminal complaint.

At the preliminary hearing the state was represented by the then Cassia County prosecuting attorney, Gordon Nielson. The defendant was represented by appointed counsel, Alfred Barrus. The Billingsleys each had separate counsel. The magistrate before whom the preliminary hearing was held found that there was probable cause to bind the defendants over for trial on all counts. An information was then filed against the defendant and the Billingsleys charging all three of them with two counts of first degree murder and the defendant and Terry Billingsley with one count of robbery. The three were bound over to the district court for trial.

After the preliminary hearing, but before any proceedings were conducted in the district court, Gordon Nielson resigned as prosecutor of Cassia County to accept a position as Deputy Attorney General. Alfred Barrus, who had represented the defendant at the preliminary hearing, was appointed Cassia County prosecutor to fill the vacancy created by Nielson's resignation. Victor Rolzitto was then appointed to represent the defendant. He represented the defendant through the preliminary motions and through trial and has continued to represent him upon this appeal. Barrus, meanwhile, disqualified himself from prosecuting the case and asked the Attorney General's office to appoint a special prosecutor. The Attorney General's office appointed Nielson. Nielson represented the state at the pretrial hearings and at trial and has also represented the state upon this appeal.

The defendant filed numerous pretrial motions. Included, among others, were motions to disqualify the special prosecutor, to suppress Randi Solosabal's identification of the defendant, to suppress and return the money seized from him at his arrest, to permit him to inspect the state's physical evidence and to make scientific tests, to discover copies of any scientific reports prepared by the state, to discover the names and addresses of witnesses whom the state might call at trial, to allow him to have a haircut and acquire appropriate attire for trial, to permit him to appear in court for trial without physical restraints such as chains and manacles, and to provide trial counsel with daily transcripts of the trial proceedings.

The trial court granted the discovery motions in part. It denied the defendant discovery of the addresses of the state's witnesses LeeAnn Anderson and Randi Solosabal on the ground that anonymous threats had been made against them, and their personal safety required that their addresses not be revealed. The district court granted the defendant's request to use state testing facilities to perform tests on the defendant's evidence, but denied a request to perform tests upon the state's evidence, regardless of whether the state intended to use the evidence at trial. The district court also denied the defendant's motions to suppress and return the money seized from him upon his arrest, to disqualify the special prosecutor, to suppress Randi Solosabal's identification, and to provide daily transcripts of trial. The district court granted the motion that the defendant not be required to wear prison attire and that he not be restrained by means of chains or manacles in the presence of the jury. The last order, dated January 14, 1975, was made subject to further order of the court in the case of exceptional circumstances.

Following this initial round of motions, the defendant made further motions for discovery of statements made by prosecution witnesses, to dismiss on the grounds that court order had prevented the defendant's attorney from interviewing prosecution witnesses, and again to suppress the identification by Randi Solosabal, testimony by LeeAnn Anderson that may have led to his arrest, the money seized from him following his arrest, and all other evidence which was the result of his identification and arrest. The...