State v. Davidson
| Decision Date | 06 March 1998 |
| Docket Number | No. 75862,75862 |
| Citation | 264 Kan. 44,954 P.2d 702 |
| Parties | STATE of Kansas, Appellee, v. Michael P. DAVIDSON, Appellant. |
| Court | Kansas Supreme Court |
Syllabus by the Court
1. Central to the right to a fair trial, guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution, is the principle that one accused of a crime is entitled to have guilt or innocence determined solely on the basis of the evidence introduced at trial and not on grounds of official suspicion indictment, continued custody, or other circumstances not adduced as proof at trial.
2. Neither the sheriff nor the trial judge, consistent with the Fourteenth Amendment due process or equal protection requirements, can compel all persons in custody to stand trial before a jury to wear a leg brace to prevent escape.
3. Where a trial error deprives a defendant of a constitutional right, the standard to be applied is more stringent than simply whether there is a reasonable probability of a different result. Instead, the presumption is that the error warrants reversal unless the appellate court is willing to declare a belief that it was harmless beyond a reasonable doubt; that is, whether the court can say beyond a reasonable doubt that the error had little, if any, likelihood of changing the result of the trial.
4. Where self-defense is an issue in a homicide case, evidence of the turbulent character of the deceased is admissible. Such evidence may consist of the general reputation of the deceased in the community, but specific instances of misconduct may be shown only by evidence of conviction of a crime.
5. Allegations of judicial misconduct during trial must be decided on the particular facts and circumstances surrounding the alleged misconduct. In order to warrant or require the granting of a new trial, it must affirmatively appear that the conduct was of such a nature that it prejudiced the substantial rights of the complaining party.
6. The trial court may declare a mistrial when prejudicial conduct makes it impossible to proceed with the trial without injustice to the defendant. K.S.A. 22-3423(1)(c). A party seeking a mistrial has the burden of showing that the party has been substantially prejudiced by the error. The decision to declare a mistrial lies within the sound discretion of the trial court and will not be reversed absent a clear showing of abuse of that discretion.
7. The scope of cross-examination is a matter within the sound discretion of the trial court. Questions asked on cross-examination must be responsive to testimony given on direct examination, or material or relevant thereto. Resolution of whether a party exceeded the permissible scope of cross-examination rests within the sound discretion of the trial court and the trial court will not be reversed unless that discretion is abused.
Mary Curtis, Assistant Appellate Defender, argued the cause, and Jessica R. Kunen, Chief Appellate Defender, was with her on the brief for appellant.
K. Michael Warner, Assistant District Attorney, argued the cause, and Steven J. Obermeier, Assistant District Attorney, Paul J. Morrison, district Attorney, and Carla J. Stovall, Attorney General, were on the brief for appellee.
Defendant Michael Davidson appeals his conviction for one count of first-degree murder and his sentence of life imprisonment, claiming the trial court erred in (1) informing the jury that he was wearing a leg brace at trial in order to prevent escape; (2) failing to grant a defense motion for mistrial; and (3) sustaining the State's objection to testimony regarding the deceased's reputation for violence.
On Sunday, February 12, 1995, Geraldine Bailey reported to the Olathe, Kansas, police department that her son, Al "Shalamar" Harris, had been missing since February 7, 1995. Shalamar was acquainted with the defendant, Michael Davidson, and Michael's wife, Cheri. Shalamar frequently sold crack cocaine from the Davidsons' house.
Detectives from the Olathe police department went to Davidson's house because they had information that Shalamar had last been seen at the Davidson residence. After Davidson told several stories regarding Shalamar's whereabouts, officers suspected Davidson's veracity.
On April 12, 1995, Shalamar's body was discovered on a farm in Miami County, Kansas. Despite its state of decomposition, the removal of the left leg and right foot from the torso, and the fact that the body had been partially burned after death, the body was identified as Shalamar's by a forensic odontologist using dental x-rays. Shalamar had sustained seventeen injuries, including stab wounds, gunshot wounds to the head and neck, and multiple blows with blunt and sharp objects causing crushing injuries to the head and jaw. Although Shalamar's death was a homicide, the pathologist could not determine which of the 17 injuries was fatal. Evidence gathered at the scene included a sledgehammer, a burned tarp, Coleman fuel cans, and four spent 9mm cartridges.
Eric Dodson, Davidson's neighbor, talked to police after discovery of the body was reported in the news media. Dodson told the officers and later testified at trial that when he asked Davidson about Shalamar's whereabouts, Davidson answered he "took care of him." On various occasions, Davidson told Dodson that on February 7, 1995, while Shalamar was smoking crack cocaine at Davidson's house, Davidson walked up to Shalamar and shot him in the back of the head. Davidson also told Dodson that when Shalamar attempted to escape, Davidson slashed Shalamar's throat with a knife, then put Shalamar in a bathtub and stood on Shalamar's chest until he stopped breathing. Davidson then placed Shalamar's body in the trunk of his car. Two or three days later, Davidson and a friend drove to Miami County. After the body was removed from the trunk, Davidson smashed Shalamar's head with a sledgehammer and then set the body on fire. At trial, Dodson testified that Davidson said he killed Shalamar to protect Cheri because Shalamar had told Davidson he was attracted to Cheri and wanted to have sex with her. Dodson also testified that he had loaned Davidson a P-85 Ruger and two full ammunition clips.
Dodson testified further that after the police found Shalamar's body, Davidson paged Dodson and told Dodson to say that he (Davidson) had killed Shalamar in self-defense. When Dodson informed police he had been paged by Davidson, the police arranged to have Davidson's paged conversations taped. After Dodson encouraged Davidson to turn himself in to the police, Davidson did so.
During an interview with police after his arrest, Davidson admitted that he had killed Shalamar. Davidson also told police that he had tried to get rid of incriminating objects such as furniture and the automobile because they were bloodstained. After confessing, Davidson took the police to where he had hidden his gun. Subsequent police investigation of the car, furniture, and the floorboards of Davidson's house revealed the presence of bloodstains. The auto dealer to whom Davidson had sold the car testified that Davidson said he had to sell it to keep out of jail.
In his videotaped confession admitted at trial, Davidson related the events surrounding the crime in detail. He told police that Shalamar kept frequenting his home despite Davidson's request to stop. The day of the killing, Shalamar said he was going to have sex with Cheri. Shalamar then told Davidson that he and Davidson were "going to have to get into it." After that statement, Davidson repeatedly asked Shalamar to leave. When Shalamar refused, Davidson retrieved a gun, concealed the gun in a pillowcase, placed the gun to the back of Shalamar's head, and pulled the trigger. When shot, Shalamar stood up, yelled, and came at Davidson swinging. After Davidson fired twice more, a friend, Tracy "Woody" Maddox, came out of a back room and struck Shalamar two or three times with a car jack. Davidson then stabbed and slashed Shalamar with a knife. Davidson and Woody then dragged the wounded Shalamar to the bathroom, put him in the bathtub, and filled the tub with water. Davidson stood on Shalamar's body and held Shalamar's head under water until Shalamar stopped kicking. Davidson and Woody then placed Shalamar's body in a tarp and put it in the trunk of Davidson's car. After 2 or 3 days, they took the body to a field in Miami County, poured lantern fuel on the body, and burned it. To keep Shalamar's body from being identified, Davidson stated he attempted to knock out Shalamar's teeth with a sledgehammer. At trial, Davidson claimed he was defending himself and had not planned to kill Shalamar. Davidson was convicted of first-degree premeditated murder.
The Johnson County Sheriff's Department requires all male defendants in custody to wear a leg brace under their slacks during court appearances to prevent escape. The brace causes the individuals in custody to walk with a limp. During the trial, Davidson did not object to wearing the leg brace until the evidence had been submitted to the jury.
The first mention of the leg brace appears in the record late in the trial process, just prior to the instruction conference. The prosecutor, Michael Warner, believing that the jury may have felt sympathetic towards the defendant because of the limp, stated to the judge:
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