State v. Dunn, 58965

Decision Date08 July 1988
Docket NumberNo. 58965,58965
Citation243 Kan. 414,758 P.2d 718
PartiesSTATE of Kansas, Appellee, v. Lisa DUNN, Appellant.
CourtKansas Supreme Court

Syllabus by the Court

Under the facts of this case, the trial judge did not err in denying funds for the services of an expert witness pursuant to K.S.A.1987 Supp. 22-4508, nor did the trial judge err in refusing to instruct the jury on the defense of compulsion.

Jessica R. Kunen, Deputy Appellate Defender, argued the cause, and Benjamin C. Wood, Chief Appellate Defender, was with her on the briefs for appellant.

Perry Murray, former Co. Atty. and Special Prosecutor, argued the cause, and Robert T. Stephan, Atty. Gen., was with him on the briefs for appellee.

LOCKETT, Justice:

Lisa Dunn, raising numerous issues, appeals (1) her convictions of two counts of felony murder, two counts of aggravated kidnapping, one count of aggravated robbery, one count of aggravated battery on a law enforcement officer, and one count of aggravated battery; and (2) the sentence imposed of four life terms, two terms of 15 to life, and one term of 5 to 15 years, all terms to run consecutively. The convictions arise from a series of crimes which ended near Colby, Kansas, in February 1985. After careful consideration of all the issues raised, we affirm Dunn's convictions and sentence.

Lisa Dunn was born and raised in Michigan. At 15, after consistently high academic performance, her behavior became erratic and she began to associate with a peer group that introduced her to substance abuse, particularly alcohol. At 17, Dunn left home and traveled to Florida, but returned home after she alleged she was raped while hitchhiking. Because Dunn refused to cooperate with the prosecution of the accused, the Florida police were forced to dismiss the charges against her alleged attackers.

Following Dunn's return to Michigan, a constant state of friction existed between Dunn and her parents. In December, 1984, she met Daniel Remeta. Believing Remeta to be a kind and considerate person, Dunn moved in with him in January 1985. Shortly thereafter, Dunn and Remeta, along with another friend of Dunn's, Mark Walter, decided to travel to Florida. Before they could leave, Remeta was arrested for breaking into a car. Remeta's mother and Walter posted his appearance bond. Remeta decided to jump bond and leave for Florida. At Remeta's request, Dunn took a .357 Magnum pistol from her father's gun collection. Dunn later testified she felt she needed the gun to protect herself because of the prior rape.

Dunn claimed that it was on the way to Florida that she first learned about Remeta's prior prison record and discovered that he could be cruel and vindictive. She testified that when she told Remeta that she should return home, he threatened her with the gun, then warned her that he would hurt her or her family if she left him. This warning was later repeated. Remeta also played Russian Roulette with Dunn, sticking the barrel of the .357 in her mouth and holding it to the side of her head. Remeta began calling Dunn his "wife," picking out her clothes, and selling some of her possessions. Concerned about Remeta's erratic behavior, Dunn testified that she and Walter resolved that one of them should stay awake at all times. While in Florida, the trio visited Disney World and stayed with a friend of Remeta's mother.

In a two and one-half week crime spree, the three traveled from Florida through Texas, Arkansas, and Oklahoma to Kansas, committing a series of violent crimes, including several murders. Dunn maintained that she played no role in these crimes. It was during this period of time that Dunn sent postcards to friends in Michigan describing the good times she was having and stating she was going to marry Remeta.

On February 13, 1985, on I-135 north of Wichita, Remeta, Dunn, and Walter picked up a hitchhiker, James C. Hunter. Dunn testified that because she was sitting between Walter, who was driving, and Remeta, who occupied the front passenger seat, Hunter got into the back seat. At the I-70 Levant interchange, the group was stopped by a police car driven by Thomas County Undersheriff Benjamin F. Albright. Albright instructed the occupants to place their hands on the car ceiling. Dunn testified she did this. Dunn and Remeta both testified that Dunn tried to stop Remeta as he exited the vehicle with the .357. Remeta shot Albright twice. Immediately after Remeta returned to the car, Hunter accidentally shot Dunn in the hip with a .22 handgun while attempting to shoot Remeta. Dunn began screaming that she was hurt and needed to be taken to a hospital. Albright later described the person who shot him as having shoulder-length brown hair and a beard--a description which matched Hunter.

After departing from the I-70 Levant interchange, Walter drove until the group Later, near a farmhouse in Rawlins County, police forced the fleeing pickup off the road. After a gun battle during which Walter was killed and Dunn and Remeta were wounded, Remeta, Hunter, and Dunn were arrested. All three were charged with two counts of felony murder (Schroeder and Moore), two counts of aggravated kidnapping (Schroeder and Moore), one count of aggravated battery on a law enforcement officer (Albright), one count of aggravated battery (Christie), and one count of aggravated robbery. Remeta pled guilty to all counts. Hunter and Dunn were tried by a jury.

arrived at the Bartlett Elevator in Levant, Kansas. At the elevator were eight individuals: Maurice Christie, the elevator manager; Fred Sager, the assistant manager; Dennis Tubbs; Raymond Haremza; Rick Schroeder; Glenn Moore; and two others. Schroeder and Moore were taken hostage and forced into a pickup truck. While phoning for the police, Christie was shot by Remeta. Remeta, Walter, Hunter, Dunn, and the two hostages proceeded in the pickup to a point north of Highway 24 near Colby, Kansas, where they stopped and Remeta shot both Schroeder and Moore with the .357, leaving their bodies by the side of the road.

During the trial, witnesses gave conflicting testimony regarding Dunn's participation in the events at the elevator:

STATE'S WITNESSES

Maurice Christie testified he saw a car parked between the scale house and the grain bins and that Dunn was sitting in the driver's seat. Dennis Tubbs testified that the driver of the pickup truck had shoulder length, light or dark blond hair and he heard a female voice saying: "Get in." Raymond Haremza described the driver of the pickup as having "long, shoulder length, dishwater blond hair." Wesley Moore described the driver of the pickup truck as having shoulder length dishwater blond hair. (Dunn's hair, which she had dyed while in Wichita, was shoulder length and blond; Mark Walter's hair was ear-lobe length and brown.) Judy McKee, who was driving along Highway 24, observed the pickup and testified that the driver was Mark Walter and that the person sitting next to the driver (Dunn), was smiling and appeared to be having a good time. Kenneth Dibble, a reserve police officer, testified that the driver of the pickup had dark hair.

DEFENSE WITNESSES

Robert Blecha, Special Agent for the Kansas Bureau of Investigation, who conducted the initial interviews of witnesses in the case, testified that, at that time, neither Haremza, Tubbs, nor Sager indicated Dunn was the driver of the pickup. When asked why Dunn remained with him from January 27-February 13, Remeta testified, "[s]he didn't have no choice." He said he tricked Dunn into taking her father's gun, which he later used to threaten her. He admitted making threats against members of Dunn's family. He said that if Dunn had tried to leave him during the trip, he would have "kept his threats." Regarding the events on February 13, Remeta testified Walter was driving the car, while he occupied the passenger seat with Dunn between them. At the Bartlett Elevator, Remeta told Walter to put Dunn in the pickup. Walter then helped Dunn into the seat behind the driver's seat, and drove the pickup away from the elevator.

Hunter corroborated that he accidentally shot Dunn at the Levant intersection, and that Dunn sat between Walter and Remeta until they reached the Bartlett Elevator. At the elevator, Hunter put Dunn behind the driver's seat of the pickup. Later, when Remeta told Schroeder and Moore to get out of the pickup, Hunter suggested to Remeta, "Why don't you let that girl out here, just leave us here and take off in this truck." When Remeta asked Dunn if she wanted to get out, she answered: "No, I love you. I want to go with you."

Dunn testified that she was "herded" into the pickup on the driver's side and placed behind the jump seat. She denied that Remeta ever asked her if she wanted to be let out of the pickup. Dunn testified that her main concern from the time they reached the elevator until the time she was arrested was the fact that she had been The jury found Dunn and Hunter guilty of all counts. Remeta, Hunter, and Dunn were sentenced to maximum consecutive terms of imprisonment. Hunter appealed and his conviction was reversed in State v. Hunter, 241 Kan. 629, 740 P.2d 559 (1987), on the ground that the trial judge refused to instruct the jury on his defense of compulsion. Dunn appeals her convictions and sentence raising numerous issues.

shot. She denied ever driving the car or the pickup. She denied any involvement in the shootings and maintained she was unaware that Christie, Schroeder, and Moore had been shot. Dunn stated that she was afraid of Remeta even after they were apprehended, but admitted she had written love letters to him while in jail.

DENIAL OF FUNDS FOR EXPERT EXAMINATION BY A PSYCHIATRIST

K.S.A.1987 Supp. 22-4508 provides for authorization of funds for expert services if the judge determines that services are necessary and that the defendant is financially unable to obtain them. The authorization of supporting services in the criminal trial of an indigent ...

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