State v. Edmonson, 17685
| Decision Date | 11 March 1992 |
| Docket Number | No. 17685,17685 |
| Citation | 827 S.W.2d 243 |
| Court | Missouri Court of Appeals |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Michael EDMONSON, Defendant-Appellant. |
Brad B. Baker, Columbia, for defendant-appellant.
William L. Webster, Atty. Gen., Robert Alan Kelly, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.
The defendant Michael Edmonson appeals his conviction, by a jury, of rape, a violation of § 566.030.3, RSMo Supp.1990, 1 and his sentence to five years' imprisonment in accordance with the jury's recommendation.
Two issues presented on appeal are whether the trial court prejudicially erred in overruling the defendant's challenge for cause of a venireperson because of her alleged equivocal answer about possible partiality toward the testimony of a police officer and whether a jury instruction defining "proof beyond a reasonable doubt" allowed the jury to convict the defendant on a degree of proof below that required by due process. Finding no reversible error, we affirm.
Briefly, the facts relating to the offense follow. On Saturday, November 17, 1990, the victim, age 13 years, met the defendant on Main Street in Joplin. The victim knew the defendant as a friend of her brother. After they met, the victim went with the defendant to his apartment. After arriving at the apartment, the defendant had sexual intercourse with the victim.
Later that night the victim was taken to a hospital by her mother. There an emergency room doctor examined the victim, using a standard rape kit.
Pertinent facts surrounding juror qualifications follow. During voir dire the state asked the jury panel if anyone knew Officer Higginbotham. Prospective juror, June Ames, responded that she worked for the municipal court and knew who Higginbotham was but did not know him personally. No further questions were directed to Ames at that time. Later, during voir dire by the defendant's counsel, venireman Dorsey, a member of the highway patrol for 16 1/2 years, indicated that he would probably tend to believe the testimony of a law enforcement officer over somebody else if there was a discrepancy. Defense counsel Maples then asked:
The defendant's counsel then elicited from Ames that her job brought her into daily contact with Joplin police officers and that she had developed a respect for police officers in general. The following then occurred.
No follow-up questions were asked of Ames by the state or by the trial court.
Later, when the defendant challenged prospective juror Ames "for cause," the trial court rejected the challenge, saying:
THE COURT: Well, I'm going to overrule your motion on June Ames, juror number 30. I've had a chance to observe this woman's credibility throughout your questioning, and the Court's observation of her credibility was that she could be quite fair in this case. And it would seem to me that upon your very leading questions, she reluctantly agreed with what you were saying. But this woman has been employed as a clerk in the municipal court for less than a year, and I think that for me to find that she would be prejudiced in this case for one side or the other would be stretching the matter considerably.
The defendant then used a preemptory challenge to remove Ames from the jury panel.
Four Joplin police officers, including officer Higginbotham, testified to their respective roles in maintaining a chain of custody for the rape kit. Higginbotham's role consisted of receiving the rape kit at the hospital from an attending physician or his nurse, marking it with his signature, and taking it to the police station where he deposited it in an evidence locker.
Ralph Willis, a serologist, was called to testify concerning his analysis of the rape kit. A defense objection to his testimony was overruled. The basis for the objection was that a proper chain of custody for the rape kit had not been established because of (a) the lack of testimony from the nurse who received the kit from the examining physician and then handed it to officer Higginbotham who was standing outside the emergency room door, and (b) the lack of testimony from an evidence officer who served between officer Nelson's retirement and the time when officer Holden assumed the position. Willis then testified that he analyzed the rape kit and identified the presence of sperm cells on a microscopic examination of the vaginal smears.
Regarding the instruction issue, the jury was given an instruction number 4, a faithful reproduction of MAI-CR3d 302.04, a pattern instruction that includes a definition of "proof beyond a reasonable doubt."
In Point I the defendant contends that the trial court committed reversible error in overruling his challenge for cause as to juror Ames. He argues that Ames expressed a bias for the credibility of police officers and when his for-cause challenge was denied, he was denied a full panel of qualified jurors from which to make his peremptory challenges.
The principles governing jury selection in this state are well established. Missouri law amply supports the right of an accused to a full panel of qualified jurors before he is required to make peremptory challenges. State v. Wacaser, 794 S.W.2d 190, 193 (Mo. banc 1990); State v. Hopkins, 687 S.W.2d 188, 190 (Mo. banc 1985); State v. Gary, 822 S.W.2d 448, 451 (Mo.App.1991). A venireman who expresses a bias in favor of the credibility of police officers in general, or of a police officer expected to testify for the state, is disqualified to serve as a juror. State v. Schnick, 819 S.W.2d 330, 333 (Mo. banc 1991); State v. Draper, 675 S.W.2d 863, 865 (Mo. banc 1984); State v. Williams, 643 S.W.2d 832, 834 (Mo.App.1982). Denial by a trial court of a legitimate request by an accused to excuse for cause a partial or prejudiced venireman constitutes error. Hopkins, 687 S.W.2d at 190. And, if a venireman is biased, it is error not to excuse him for cause even though the venireman does not actually serve. Schnick, 819 S.W.2d at 334; Gary, 822 S.W.2d at 451, 452.
Other applicable principles include the following. In reviewing a trial court's ruling on a for-cause challenge to a venireman, each case must be judged on its own facts. State v. Holland, 719 S.W.2d 453 (Mo. banc 1986). A trial court's determination of a venireman's qualifications necessarily involves a judgment based on observation of the venireman's demeanor. State v. Smith, 649 S.W.2d 417, 422 (Mo. banc 1983), cert. denied, 464 U.S. 908, 104 S.Ct. 262, 78 L.Ed.2d 246 (1983). Because a judge is in a better position to make that determination than an appellate court is from the cold record, doubts as to the trial court's findings are resolved in its favor. Id.
However, the broad discretion accorded the trial court in its rulings is predicated in part upon the requirement that the trial judge carefully consider the responses of the prospective jurors on voir dire. State v. Ealy, 624 S.W.2d 490, 493 (Mo.App.1981). Where a venireman gives equivocal answers which reveal uncertainty as to his ability to be impartial, the trial judge has a duty to further question the juror concerning his possible bias or prejudice. Id. Failure of the trial judge to make independent inquiry of the venireman in such instance may undercut any basis for the trial judge's exercise of discretion and constitute reversible error. State v. Lovell, 506 S.W.2d 441, 443 (Mo. banc 1974); State v. Land, 478 S.W.2d 290, 292-93 (Mo.1972). Without an independent examination, a more searching review by the appellate court is justified. Draper, 675 S.W.2d at 865.
Finally, we observe that even though a venireman expresses a partiality in favor of the credibility of police officers and the venireman is not rehabilitated by a more searching inquiry by the trial court, there remains circumstances where there may be no prejudice to the defendant. Schnick, 819 S.W.2d at 333; Draper, 675 S.W.2d at 865.
Here, the challenged juror, June Ames, stated that she had developed a respect for policemen in general from her on-the-job contact with them. That is not a basis for challenging her for cause. State v. Eaton, 504 S.W.2d 12, 17 (Mo.1973); State v. Boyd, 643 S.W.2d 825, 829 (Mo.App.1982).
However, under defense counsel questioning, her answers became more specific and indicated a bias toward the credibility of police officers. This is found in her admissions that she "probably would" tend to believe a police officer rather than somebody else and would probably "lean" toward believing the police officer, especially if it were a "real issue." Similar remarks by prospective jurors who are not...
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