State v. Gilbert
| Decision Date | 17 October 1983 |
| Docket Number | No. 13443,13443 |
| Citation | 100 N.M. 392,1983 NMSC 83,671 P.2d 640 |
| Parties | STATE of New Mexico, Plaintiff-Appellee, v. William Wayne GILBERT, Defendant-Appellant. |
| Court | New Mexico Supreme Court |
Defendant William Wayne Gilbert was tried by jury and convicted in the District Court of Bernalillo County for two counts of kidnapping in the first degree with firearm enhancement, two counts of criminal sexual penetration in the second degree with firearm enhancement, and two counts of first degree murder with aggravating circumstances. The victims of the crimes charged were Kenn and Noel Johnson. For the murder of Kenn Johnson the jury found the aggravating circumstance of NMSA 1978, Section 31-20A-5(B) (Repl.Pamp.1981). For the murder of Noel Johnson the jury found the aggravating circumstances of NMSA 1978, Sections 31-20A-5(B) and (G) (Repl.Pamp.1981). The jury unanimously agreed that Defendant be sentenced to death for each of the three aggravating circumstances. Defendant was sentenced to eighteen years plus one year on each count of kidnapping, and nine years plus one year on each count of criminal sexual penetration. These sentences were to run consecutively. Based on the jury's finding of aggravating circumstances, Defendant was sentenced to death for each count of first degree murder.
Several of the issues raised have been settled in other opinions from this Court, but in the interest of completeness we will dispose of all points raised in this appeal.
Failure to Suppress Defendant's Confession.
Defendant was arrested on January 19, 1980, following an incident involving gunfire at the American Sandwich Shop in Albuquerque. Later that day Defendant confessed to six murders including those of Kenn and Noel Johnson. The chronology of events, Defendant's claims, and our decisions on the issues are set out in detail in State v. Gilbert, 98 N.M. 530, 650 P.2d 814 (1982). In that case Defendant appealed from his conviction for the murder of Barbara McMullen and raised an issue identical to his first point of appeal in the present case. We again hold that no error was committed with regard to admitting Defendant's confession, and we adopt the recitation of facts and our rationale as set out in State v. Gilbert, id., and State v. Gilbert, 99 N.M. 316, 657 P.2d 1165 (1982). See also Oregon v. Bradshaw, --- U.S. ----, 103 S.Ct. 2830, 77 L.Ed.2d 405 (1983).
Trial Court's Refusal to Instruct the Jury that the Truth of Exculpatory Matter in Defendant's Confession must be Presumed Unless Refuted.
Defendant asserts that parts of the confession admitted into evidence constituted exculpatory matters, the truth of which must be presumed unless refuted by the State. The trial court allowed Defendant's statement to be admitted, but ruled that the State was not bound to accept the truth of the entire statement. By relying on statements indicating that he "suffered from an irresistible urge to rape and kill," Defendant misconceives what constitutes exculpatory evidence. Exculpatory evidence is evidence reasonably tending to negate guilt. State v. Gonzales, 95 N.M. 636, 624 P.2d 1033 (Ct.App.1981). The allegedly exculpatory statements concerning urges suffered by Defendant are inconsistent with other portions of his confession. Furthermore, they constitute neither a complete defense nor sufficient basis to establish an insanity defense. Neither the State nor the jury must accept Defendant's statements or testimony, in view of all the evidence in the case. See State v. Lopez, 79 N.M. 282, 442 P.2d 594 (1968); see also State v. Vigil, 87 N.M. 345, 533 P.2d 578 (1975) (). The trial court correctly refused the instruction.
The "Witherspoon Doctrine" and the Failure to Remove Jurors for Cause.
Defendant contends that the trial court's automatic exclusion for cause of potential jurors based on their views of capital punishment was error. First, such automatic exclusions violate the equal protection clause of the United States Constitution and the New Mexico Constitution, see U.S. CONST. amend. XIV, Sec. 1; N.M. Const., art. II, Sec. 18, by arbitrarily singling out capital cases as the only cases in which the State is permitted to exclude veniremen on the bases of their views on punishment. Second, because the jury that convicts a defendant also decides his sentence, see NMSA 1978, Secs. 31-18-14 through 31-18-21 (Repl.Pamp.1981) (Criminal Sentencing Act), the automatic exclusion of veniremen who are not "death qualified" forces the defendant to face an unrepresentative jury not only for his sentencing but also for determining his guilt or innocence. Third, studies indicate that a "death-qualified" jury is conviction prone.
As Defendant does not contend that any particular juror was improperly disqualified from sitting in this case, we view his argument as a general constitutional attack on the very process of death qualifying. This Court previously has answered adversely to Defendant the issues he raises. State v. Trujillo, 99 N.M. 251, 657 P.2d 107 (1982); see also State v. Hutchinson, 99 N.M. 616, 661 P.2d 1315 (1983).
A review of the record reveals that the trial court in this case correctly followed constitutional and statutory requirements in conducting the death qualification of the jury in defendant's trial. Adams v. Texas, 448 U.S. 38, 100 S.Ct. 2521, 65 L.Ed.2d 581 (1980); Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968). Death qualification, properly conducted, is not grounds for reversal. State v. Trujillo.
Trial Court's Failure to Dismiss for Cause a Prospective Juror Who was in Contact with Defendant's Former Father-in-law.
Defendant asserts error by the trial court in refusing his challenge for cause of a venireman who worked with Defendant's former father-in-law at Sandia Laboratories. The venireman described the relationship as strictly casual, and stated that he was not aware of circumstances regarding Defendant's former father-in-law's family. We have reviewed the entire voir dire of this venireman and find no indication that he would have been less than fair, unbiased, and impartial. The trial court's discretion in excusing a juror for cause is reviewed solely for manifest error or a clear abuse of that discretion. State v. Martinez, 95 N.M. 445, 623 P.2d 565 (1981); State v. Burrus, 38 N.M. 462, 35 P.2d 285 (1934). We do not find that the trial court abused its discretion.
Trial Court's Refusal to Excuse for Cause Two Accepted Jurors.
Defendant asserts that the trial court erred in failing to dismiss two jurors for cause because of the possibility that those two jurors had overheard a conversation between two veniremen in which at least one or both of the two veniremen indicated a belief that Gilbert was guilty. It is uncontested that the trial court questioned the two jurors and that both denied hearing any such conversation. Defendant presented no evidence to indicate that the jurors heard such a conversation. The trial court did not abuse its discretion. See State v. Martinez, 95 N.M. 445, 623 P.2d 565 (1981); State v. Padilla, 91 N.M. 451, 575 P.2d 960 (Ct.App.1978).
Trial Court's Excusal and Subsequent Reseating of a Potential Juror.
Defendant argues that the trial court erred in excusing and subsequently reseating a prospective juror on the final jury selection list. During voir dire, a prospective juror expressed reservations about the death penalty and was then excused for cause. Defendant objected under the Witherspoon doctrine. See Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968). Later, the same prospective juror was summoned by the trial court, questioned further and reseated on the final prospective juror list. Defendant objected and now claims that such a procedure could engender confusion in the prospective juror's mind and thereby deny Defendant a fair trial. In final jury selection, regular and alternate jurors were selected before the prospective juror's number was reached.
The trial court explained to the prospective juror why she had been recalled. The juror received the explanations and admonitions given to all the other prospective jurors. We do not find that the trial court abused its discretion. See State v. Martinez, 95 N.M. 445, 623 P.2d 565 (1981); State v. Padilla.
Trial Court's Dismissal of a Seated Juror.
During the course of the trial the court received information that one of the seated jurors was schizophrenic, suffered from seizures and was under a doctor's care. The trial court informed counsel for both sides, and proceeded to investigate the matter by consultation with the juror's attending physician. The doctor considered the juror to be "flaky" and strongly recommended the juror's recusal as being in the best interest of the juror. The trial court excused the juror and Defendant objected without stating any reasons.
We find neither prejudice to the defendant, nor an abuse of discretion on the part of the trial court. See State v. Padilla; cf. State v. Gallegos, 88 N.M. 487, 542 P.2d 832 (Ct.App.), cert. denied, 89 N.M. 6, 546 P.2d 71 (1975) (). The trial court did not err in dismissing this juror.
Trial Court's Refusal to Quash the Indictment Because of the Nature and Manner of the Presentation of Evidence to the Grand Jury.
Defendant alleges that the District Attorney failed to present certain evidence regarding Defendant's mental state and evidence regarding Defendant's state of intoxication at the grand jury proceedings. Neither transcripts nor tapes of the grand jury proceedings have...
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