State v. Flournoy

• Decision Date: 04 August 1995
• Docket Number: No. C0-94-316,C0-94-316
• Citation: 535 N.W.2d 354
• Parties: STATE of Minnesota, Respondent, v. Larry Jerome FLOURNOY, Appellant.
• Court: Minnesota Supreme Court

Page 354

535 N.W.2d 354

STATE of Minnesota, Respondent, v. Larry Jerome FLOURNOY, Appellant.

No. C0-94-316.

Supreme Court of Minnesota.

Aug. 4, 1995.

Syllabus by the Court

SYLLABUS

1. The trial court did not err in its determination that a witness was not an accomplice and did not abuse its discretion in denying defendant's requested instruction on accomplice testimony.

2. The evidence presented at trial was sufficient to sustain defendant's conviction.

3. The trial court did not abuse its discretion and defendant was not denied his right to a fair trial by the trial court's use of an anonymous jury where the trial court: (1) had strong reason to believe that the jury needed protection from external threats to its members' safety or impartiality; and (2) took reasonable precautions to minimize any possible prejudicial effect juror anonymity might have on the defendant.

John M. Stuart, State Public Defender, Leslie J. Rosenberg, Sp. Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin County Atty., Paul R. Scoggin, Asst. County Atty., Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

OPINION

STRINGER, Justice.

Following a jury trial, defendant Larry Jerome Flournoy was convicted of first-degree murder and sentenced to a term of life imprisonment. Defendant appeals from the judgment of conviction. On appeal to this court, defendant argues: (1) that the trial court erroneously refused to instruct the jury that a juvenile witness who testified about the murder was an accomplice whose testimony must be corroborated; (2) that the evidence presented at trial was insufficient as a matter of law to support the conviction; and (3) that it was reversible error, in violation of defendant's right to a fair trial, for the trial court to impanel an anonymous jury. We affirm defendant's conviction.

On October 9, 1992, at around 10:45 p.m., the Minneapolis police received a call reporting gunshots in the alley behind 3333 Clinton Avenue South, in Minneapolis. Upon arrival, police discovered the body of Edward Harris, face down, with his hands above his head and with multiple gunshot wounds. An autopsy later determined that the body sustained multiple injuries, including one wound to the back of the head, two wounds to the right arm, one wound to the left shoulder, and three wounds to the left arm. The shot to the back of the head was the fatal wound.

At approximately 2:00 a.m. on October 10, 1992, the police went to Harris' house and informed his wife that Harris had been killed. Loverine Harris became hysterical upon hearing the news and refused to talk with police. About 4:30 a.m. however, after the police returned to the station, they received a call from Loverine Harris. She informed them that she "had a lot to say," she feared for the safety of her children, and she wanted to ensure that they would be safe and protected. Later that day, Loverine Harris informed police that she believed her husband's murder was related to the murder of Minneapolis police officer Jerry Haaf, which occurred on September 25, 1992, approximately two weeks earlier.

At trial, Loverine Harris testified that her husband, Ed Harris, was a member of the Vice Lords, and that their duplex, located approximately one block away from the Pizza Shack, was a place where the Vice Lords regularly gathered to drink beer, watch television, and socialize. She testified that in the early morning hours on September 25, 1992, Mwati "Pepi" McKenzie and Shannon Bowles arrived at the Harris' apartment and told Ed Harris that they had just shot a man and wanted to change their clothes, hide the guns, and clean up. Harris provided them with a change of shirt and shoes and placed the guns in a bag that he hid in his attic.

Loverine Harris further testified that shortly thereafter, a 15-year-old juvenile named Richard arrived at the Harris residence and asked McKenzie and Bowles what had happened since he was supposed to have picked them up at the Pizza Shack after the shooting. She further testified that on that same morning police arrived at the Harris home and with the Harris' consent searched the duplex but the police did not check the attic where the guns were hidden. Later that day, when Loverine Harris learned from news accounts that a police officer had been killed, she informed her husband that she wanted the guns out of her home. Later that evening, according to Loverine Harris, defendant appeared at the Harris home while she was sitting outside, and asked for the keys to her house in order to "move those things." She complied, and shortly thereafter defendant emerged carrying the bag that she had seen her husband place the guns in the night before.

Sergeant Jackson testified that in the days following the Haaf murder, police questioned Ed Harris on two different occasions regarding the homicide. Loverine Harris testified that a number of people saw Ed Harris leave in the company of the police, which prompted Vice Lord Ernest Parker to accuse Ed Harris of "snitching" to the police, but Ed Harris insisted he had not given the police information.

Loverine Harris testified that on October 9, 1992, the evening of Harris' murder, the Vice Lords had a meeting. Ed Harris was aware of the possibility of being disciplined for not attending, but he was reluctant to attend, in part because he was concerned that the police might show up at the meeting. Prior to the meeting, a number of Vice Lords came to Harris' house and asked if he was going, but he told the members he could not because his wife was at work and he had to baby-sit his kids. Loverine Harris testified that in reality she was hiding in the bedroom.

Lee Rockymore, a Vice Lord, attended the meeting that night and testified that after the meeting he overheard Vice Lords A.C. Ford, Steve Banks, Ernest Parker, and defendant, talk about Ed being "shut down" because he was "snitching." Shortly thereafter, a group of Vice Lords, including Steve Banks, Richard, Rockymore, and defendant, went to the Harris home. On their way, defendant told Rockymore that he was going to "shut him down," referring to Harris, and showed him a handgun he had with him.

Loverine Harris testified that after defendant and Rockymore arrived at the Harris home, she overheard defendant tell Harris that he would be disciplined for missing the meeting. Loverine Harris further testified that at some point defendant asked Harris to take him on a "marijuana run." As Harris was preparing to leave, defendant and Rockymore joked about how they were going to "hurt somebody." Richard testified that he was under the impression that they were going to fight with a rival gang member named "Matt." Harris commented that he had not had a good fight in a long time.

Rockymore testified that the group, consisting of defendant, Rockymore, Harris, Richard, and Steve Banks, all left the Harris home in two cars with Harris, defendant, and Richard in Harris' car, and Banks and Rockymore in Banks' car. After driving for a short while, Banks signaled Harris to stop so Rockymore could join them in Harris' car. Rockymore told the others that Banks had someplace to go and defendant commented that Banks "knows where to go." Defendant then directed Harris to park in the alley behind 3333 Clinton Avenue. Harris complied. As all of the men got out of the car and began to walk into the alley, Rockymore, who knew that defendant was about to shoot Harris, turned to Richard and told him to run. Defendant then came up behind Harris and from about arms-length shot approximately six bullets into Harris. ¹ Once the firing stopped, the two followed defendant as they ran from the scene.

Rockymore, defendant, and Richard ended up in an alley behind a house where Banks was waiting for them in his car. Rockymore testified that Banks did not seem surprised that Harris was not with them. Defendant told Rockymore, Richard, and Banks to tell others that they "got shot at by some gangsters," meaning a rival gang. Rockymore and Richard were instructed by defendant to go back to the Harris house, out of breath, acting as if they had been running, and defendant threatened that if they refused they would meet Harris' fate. ²

Richard testified to essentially the same facts: that after defendant directed Harris to the alley and they all got out of the car, Richard noticed that defendant and Rockymore were whispering to each other. Then, as they began to walk into the alley, Rockymore came over to Richard and told him "when I run, you better run too." Richard testified that defendant came up behind Harris and shot him in the back of the head. After the first shot, Harris fell to his knees, then forward onto the ground. Richard believed he heard five to six shots and, after the shooting stopped, they all ran until they reached defendant's house where Banks was waiting for them. Defendant explained that Harris was killed because he was "snitching" and he told Richard, "Don't be next." Rockymore and Richard were instructed to say they had gone to buy some "weed" and "got into it with some gangsters" and they began to run, but Harris was "big, and he couldn't run that fast, and got caught." Banks then dropped defendant and Richard off at one street corner and Rockymore at another.

Defendant and Richard then went to the Harris home, and Loverine Harris testified that defendant told her that they had gone to purchase "weed," an argument broke out, someone shot into the air, and everyone had run off, but Harris had still not returned. Loverine Harris told them to find her husband. She also testified that she noticed that defendant appeared calm, while Richard appeared surprised and in shock. After defendant and Richard left, Loverine Harris went to Curleys, a nearby restaurant often frequented by Vice Lords. When she arrived, she saw defendant and other Vice Lords...