State v. Giddings

• Decision Date: 03 March 2009
• Docket Number: No. DA 07-0333.,DA 07-0333.
• Citation: 349 Mont. 347,208 P.3d 363,2009 MT 61
• Parties: STATE of Montana, Plaintiff and Appellee, v. Joshua David GIDDINGS, Defendant and Appellant.
• Court: Montana Supreme Court

208 P.3d 363

2009 MT 61

349 Mont. 347

STATE of Montana, Plaintiff and Appellee, v. Joshua David GIDDINGS, Defendant and Appellant.

No. DA 07-0333.

Supreme Court of Montana.

Submitted on Briefs December 3, 2008.

Decided March 3, 2009.

Rehearing Denied April 8, 2009.

For Appellant: Jim Wheelis, Chief Appellate Defender; Joslyn M. Hunt, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Tammy Plubell, Assistant Attorney General, Leo Gallagher, Lewis and Clark County Attorney, Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Joshua David Giddings (Giddings) appeals his convictions in the First Judicial District, Lewis and Clark County, for deliberate homicide, felony tampering with or fabricating physical evidence, and felony criminal possession of dangerous drugs. We affirm.

¶ 2 We review the following issues on appeal:

¶ 3 Did the District Court properly deny Giddings's motion to dismiss based on the State's alleged intentional destruction of exculpatory evidence?

¶ 4 Did the District Court properly deny Giddings's motion to dismiss based on the State's alleged failure to provide discovery?

¶ 5 Did the District Court abuse its discretion when it allowed the State to add two witnesses in the month preceding the trial?

¶ 6 Did the District Court abuse its discretion when it denied Giddings's motion for a mistrial based on the State's alleged violation of the District Court's order in limine?

¶ 7 Did the District Court abuse its discretion when it limited Giddings's cross-examination of Richard Alan King?

¶ 8 Did the District Court prejudice Giddings by allowing a videotape of a police interview with Giddings into the jury room during deliberations?

¶ 9 Does the doctrine of cumulative error warrant reversal of Giddings's conviction?

¶ 10 Did the District Court illegally sentence Giddings to life without the possibility of parole?

FACTUAL AND PROCEDURAL BACKGROUND

Prelude to the Murder

¶ 11 Randy Vook (Randy) found his daughter, Amy Rolfe (Amy), dead under a pile of laundry when he arrived at home from work on Friday, July 22, 2005. Amy lived in her parent's home with her boyfriend, Mike Mix (Mix), and her three young sons. Investigators reconstructed the events during the week leading up to Amy's murder. Giddings spent the week under the influence of methamphetamine. He sought to sustain his methamphetamine binge by obtaining more money and more drugs.

¶ 12 The week of Amy's murder, Ryan Frankforter (Frankforter) gave Giddings $350. Frankforter expected seven grams of methamphetamine in return. Giddings delivered half of the methamphetamine. Frankforter loaned Giddings clothing, including the same white Ecko t-shirt that officers later found under Amy's dead body. Giddings still had not delivered the remaining methamphetamine by the evening before Amy's murder. Frankforter found Giddings gambling. Frankforter was angry, but Giddings assured him that many people around town owed him money.

¶ 13 Giddings and Frankforter went to Codie Whitehouse's (Whitehouse) apartment where Richard Alan King was staying. Giddings was "a basket case." He was under the influence of drugs. Giddings asked King if he wanted to give them money for methamphetamine. King said he already had given all his money to Mix. Mix had just left. King informed Giddings that Mix was going on a drug run and would be back the next day. Giddings and Frankforter left. King fell asleep on Whitehouse's couch.

¶ 14 Giddings next tracked down Levi Gadaire (Gadaire). Gadaire owed Giddings money. Giddings thought that Gadaire had methamphetamine. Giddings was willing to take the drugs in lieu of money. Gadaire claimed to have neither. Giddings and Frankforter also went to Erika Saunders's (Saunders) apartment. Giddings had stayed at Saunders's apartment during the week leading up to Amy's murder. Saunders overheard Giddings and Frankforter discussing a drug deal.

¶ 15 Frankforter followed Giddings around until the early morning hours. They returned to Frankforter's house at around 5:00 a.m. on the morning of Amy's murder. Frankforter remarked that his wallet was missing. Giddings said he thought that it was on the dash of Frankforter's car. Frankforter gave Giddings his car keys to get the wallet. Giddings never returned. Frankforter's dad woke him up at about 8:00 a.m. because Frankforter's car was blocking his truck. Frankforter could not find his car keys or wallet.

¶ 16 On the day that Amy died, Candice Vook (Candice), Amy's mom, woke Amy so that Amy could attend an 8:30 a.m. work meeting. Mix had left to go to his job as a foreman for a roofing company. Candice answered a phone call from Giddings before Amy left for the meeting. Giddings asked to speak to Amy. Amy was standing beside Candice in the kitchen, but Candice told Giddings that Amy was not there and instructed him not to call again. Amy attended her work meeting and called her mom at about 10 a.m. to tell her that she was running errands.

¶ 17 Chris Rolfe (Rolfe), Amy's ex-husband and the father of her three sons, stopped by the Vook's residence to arrange a visit with his sons. Amy and Rolfe had an amicable relationship. Candice left home at around 1:30 p.m. Amy dropped the boys at Rolfe's home. Amy told Rolfe that she was going to pay the day care bill. She never made it to the day care provider to pay the bill.

¶ 18 Giddings arrived at Mary MacDonald's apartment between 1:30 p.m. and 2:00 p.m. looking for her brother Joe MacDonald (MacDonald). Giddings appeared to be under the influence of drugs. He was wearing a white Ecko t-shirt.

¶ 19 Mix and his work partner, Todd Anderson (Anderson), were leaving a gas station at about 3:00 p.m. when Anderson's van died. Mix called Amy. She agreed to give them a ride, but she never showed up. Mix called her repeatedly without success. Mix and Anderson eventually got the van started and went to their next job. Giddings called MacDonald at about this time from Amy's cell phone. MacDonald did not know Amy. Giddings seemed agitated, out of breath, and wanted a ride. MacDonald refused.

The Immediate Aftermath

¶ 20 Randy arrived home at about 5:10 p.m. and saw Amy's car. He discovered Amy's body and called 911. Officer Hagen of the Helena Police Department arrived at the Vook's residence at about 5:30 p.m. Amy's pants were down below her waist. Blood was on her face and shirt. Paramedics arrived and confirmed that Amy was dead. The contents of Amy's and her children's bedrooms were scattered on the floors of those rooms. The police found Amy's body partially stuffed in a sleeping bag. A comforter beneath Amy smelled of urine. Red staining and fecal material covered the comforter. A white Ecko t-shirt lay underneath the comforter. The t-shirt was soaking wet and did not smell of urine.

¶ 21 John Foster (Foster) picked up his girlfriend, Jennifer Casman (Casman), from work at about 5:30 p.m. Casman dropped Foster at home and went to her mother's house to pick up her children. Someone knocked on the back door while Foster waited for Casman to return. Foster opened the door to find Giddings standing on the porch. Giddings was wet and he wore no socks or shoes. Giddings was nervous, jittery, and "high."

¶ 22 Foster allowed Giddings to enter the house. Giddings told Foster that "Mike Mix just killed his girlfriend." Giddings was "panicky." He told Foster that he could not see how someone could be "thrashed around and beaten like that." Giddings described a strong odor of feces. Giddings claimed that he had seen blood vessels "popped out on Amy's lips" when Mix killed Amy. Giddings told Foster that Amy was under some "towels and things" in the laundry room. Giddings called Donald Duff (Duff) at 5:50 p.m. to ask for a ride. Duff's girlfriend did not like Giddings, so Duff declined.

¶ 23 Foster called Casman at 5:56 p.m. and told her to hurry home because he "wanted to get [Giddings] out of there." Foster told Casman to have the kids immediately go to their rooms when they arrived. Foster loaned Giddings a shirt and a pair of shorts. Giddings took off his clothes, including his Sponge Bob boxers, in the kitchen. Giddings was in a hurry. He cried off and on. Giddings asked for a plastic bag. He said he had some things to put in the plastic bag. Giddings went outside and then returned looking for the Sponge Bob boxers.

¶ 24 After Casman arrived, Giddings placed a full plastic bag and some cardboard boxes in the trunk of Casman's and Foster's car. The group departed for Duff's trailer with Casman driving. Giddings sat in the backseat. He rocked back and forth and cried intermittently. Casman and Foster noticed a gas or turpentine smell coming from the trunk of the car.

¶ 25 Casman drove Giddings to Duff's trailer. When they arrived, Foster quickly got out of the car and opened the trunk. Giddings asked Foster for a ride to the mountains so that he could burn the contents of the trunk. Foster refused. Giddings began unloading the trunk. He tried to hand Foster a carpenter's level. Foster refused to touch the level because he "sensed something was bad." Giddings tearfully gave Foster a hug and asked him not to tell anyone about any of "it" until it came out on the news.

¶ 26 Giddings walked towards Duff's door. He carried the plastic bag, the box, and the level. Duff told Giddings "you're not bringing that in here." Giddings wore cutoffs and a t-shirt. He wore no shoes or socks and was "highly agitated."

¶ 27 Duff asked Giddings "what's going on?" Giddings responded "It isn't good. It isn't good." Giddings put his head down and cried. Giddings provided Duff with the following account. Mix had called Giddings to ask for help. Giddings claimed that when he arrived at the Vook's house Mix was unable to talk. Giddings heard gurgling from under the sheets. He pulled the sheets back and saw Amy lying on her back with blood all over her face and mouth....