State v. Griffin

• Decision Date: 05 May 1993
• Docket Number: No. 24,795-KA,24,795-KA
• Citation: 618 So.2d 680
• Parties: STATE of Louisiana, Appellee, v. Pamela Washington GRIFFIN, Appellant.
• Court: Court of Appeal of Louisiana — District of US

Page 680

618 So.2d 680

STATE of Louisiana, Appellee, v. Pamela Washington GRIFFIN, Appellant.

No. 24,795-KA.

Court of Appeal of Louisiana Second Circuit.

May 5, 1993.

Rehearing Denied June 17, 1993.

Bobby L. Culpepper, Jonesboro, Richard Gallot, Ruston, for appellant.

Robert W. Levy, Dist. Atty., Farmerville, A. Shawn Alford, Asst. Dist. Atty., for appellee.

Before HIGHTOWER, STEWART and WILLIAMS, JJ.

STEWART, Judge.

Pamela Griffin was convicted of first degree murder and sentenced to life imprisonment. She appeals her conviction and sentence, asserting 28 assignments of error. We affirm.

Facts

On August 25, 1991, Pamela Griffin met Gary Braggs at the house of a friend. After socializing together for a while, Griffin and Braggs drove in his pick-up out into the woods where they parked, intending to engage in sexual activities and smoke "crack" cocaine. They undressed and began to smoke the "crack." After about two hours, Griffin got out of the truck, telling Braggs that she needed to use the restroom. When she got to the back of the truck, she asked Braggs to join her and told him she thought she heard something. As he leaned over, looking through the bushes, she shot him in the back of the head with a gun that she had taken from underneath the truck seat. After Braggs fell to the ground, she shot him once more in the head. He then played dead until she jumped in the truck. As she drove off, he got up and ran, wearing only tennis shoes, through the woods to a nearby house in search of help. Upon seeing the naked and bleeding man outside, the occupants of the house summoned the police.

Meanwhile, Griffin, also naked, continued her escape. After driving the truck into a tree, she managed to reach the parish road where she lost control of the vehicle again and ran it into a ditch. She apparently dressed, got out of the truck which she left with its engine and lights on, took Braggs clothes and started walking down the road. Approximately 1/4 to 1/2 mile later, she threw the clothes down in the road. At this point, Craig Harris came by in his company truck. He had seen the wreck and stopped to ask Griffin if she needed help. Pointing the pistol at him, she forced him out of the truck, and fired two shots at him, one of which struck Harris in the head. A short time later, passing motorists found him lying in the road and took him to a hospital where he died.

When the police investigated the disturbance at the house, the information obtained from Braggs led to the issuance of an A.P.B. for the arrest of Griffin. The next day she was found hiding in the bathtub of a friend's house in El Dorado, Arkansas, arrested and returned to Louisiana.

Griffin was indicted by the Union Parish grand jury on charges of first degree murder for which the state sought the death penalty. After a trial, held on April 20-25, 1992, the defendant was convicted as charged and sentenced to life imprisonment. Griffin appeals her conviction, asserting that the trial court erred in numerous rulings on motions, jury challenges, and the admissibility of testimony and other evidence. We disagree.

Discussion

ASSIGNMENTS OF ERROR 1, 2 & 14

In these assignments, Griffin asserts that the trial court erred in (1) denying her motion for a change of venue on February 21, 1992; (2) denying defendant's supplemental motion for a change in venue; and (3) failing to grant her motion for a change of venue after the jury selection.

A review of the record indicates that only two motions to change venue were urged. A written motion to change venue, filed on January 27, 1992, was argued on February 21, 1992. In support thereof, defendant attached copies of newspaper articles to suggest that area publicity made it impossible for her to receive a fair trial. At the conclusion of the jury selection, defendant reurged the motion, orally. Assignments 2 and 14 both apply to the oral motion made at the conclusion of the jury selection.

A change of venue shall be granted when a defendant proves that, by reason of prejudice existing in the public mind, or for any other reason, a fair and impartial trial cannot be obtained in the parish where the prosecution is pending. LSA-C.Cr.P. Art. 622. For a detailed discussion of the various factors to be considered in determining whether a change of venue is appropriate, see State v. Henderson, 566 So.2d 1098, 1102 (La.App.2d Cir.1990); State v. Hall, 549 So.2d 373 (La.App.2d Cir.1989), writ denied, 556 So.2d 1259 (La.1990); and State v. Brown, 496 So.2d 261 (La.1986).

The defendant bears the burden of proving that he cannot obtain a fair trial in the parish where the prosecution is pending. State v. Henderson, supra. This burden requires a showing of more than mere knowledge by the public of the facts surrounding the offense. State v. Giovanni, 409 So.2d 593 (La.1982); State v. Henry, 446 So.2d 1308 (La.App.2d Cir.1984). The defendant who seeks a change of venue must show that such prejudice exists in the collective mind of the community that a fair trial is impossible. State v. Clark, 442 So.2d 1129 (La.1983); State v. Neslo, 433 So.2d 73 (La.1983).

The trial court has great discretion in granting or denying a motion for change of venue. State v. Henderson, supra; State v. Flood, 301 So.2d 637 (La.1974), cert. denied, 421 U.S. 916, 95 S.Ct. 1577, 43 L.Ed.2d 782 (1975); State v. Hall, supra. A reviewing court may nevertheless make an independent evaluation of the facts to determine whether the accused received a trial which was free and unfettered by outside influences. State v. Henderson, supra; State v. David, 425 So.2d 1241 (La.1983), cert. denied after remand 476 U.S. 1130, 106 S.Ct. 1998, 90 L.Ed.2d 678 (1986).

In the instant case, the defendant offered in support of its written motion, copies of six newspaper clippings. Four of the articles were published near the time of the offense and merely reported that either a suspect was sought in the shootings or that Griffin had been arrested and was being returned to Louisiana from Arkansas. The fifth article, published in October 1991, reported that Griffin had entered a plea of not guilty by reason of insanity; this article detailed the alleged facts of the shootings but was not inflammatory. The sixth article, published in January 1992, reported that the trial was postponed until April 1992. No further evidence was adduced at the hearing on this motion.

These articles detail the alleged facts surrounding the offense and Griffin's arrest. Although there was some discussion in the news articles about the victim's character, there was nothing prejudicial about Griffin, other than the facts alleged. This showing is insufficient to establish the prejudice necessary to require a change in venue. The trial judge correctly denied the written motion. See and compare, State v. Brown, State v. Bell, 315 So.2d 307 (La.1975) and State v. Henry, supra.

After jury selection was completed, the defendant orally reurged the motion to change venue. Defense counsel offered the transcript of the voir dire and argued that 60 of the 63 potential jurors called said they had heard or read something about the case and that, of that number, at least 20 said they had a fixed opinion.

The record reflects that nine prospective jurors were excused for cause because of a fixed opinion about the case. Four of these nine knew the victim or his family. Of the remaining five, two testified that they had not heard talk in the community about the case.

Our review of the voir dire transcript reveals that the prospective jurors' familiarity with the case was moderate at best and they largely denied that any form of publicity affected their ability to answer and judge fairly. Only the severity and notoriety of the offense, and the prospective juror's familiarity with the publicity militate in Griffin's favor. Griffin made no showing that the nature or frequency of publicity, the source of the information, or other factors prejudiced the collective mind of the community.

The trial court's oral remarks after the hearing indicate that it carefully observed the tenor and texture of the proceedings. It was in a superior position to determine to what extent the publicity in this case affected the potential jurors. Based on the record before us, we find no abuse of discretion in the trial court's ruling. See and compare, State v. Wilkerson, 403 So.2d 652 (La.1981).

These assignments present no reversible error.

ASSIGNMENTS OF ERROR 3 & 26

The trial court erred in finding that the Prieur notice was sufficient and in allowing the admission of "other crimes" evidence.

At the hearing on various pretrial motions, the defendant argued that the Prieur notice failed to specify which exception to the general exclusionary rule was the basis for introducing evidence of other crimes.

The "other crimes" evidence intended to be used was listed as: (1) possession of cocaine; (2) attempted first degree murder of Gary Braggs; (3) failure to maintain control of Gary Braggs' vehicle; (4) reckless operation of Gary Braggs' vehicle; (5) illegal carrying of a weapon; (6) extortion; (7) prostitution; and (8) illegal possession of stolen goods; and (9) possession of drug paraphernalia.

The notice stated that the purpose of using the evidence was to establish

the defendant's motive, and/or opportunity, and/or intent, and/or preparation, and/or plan, and/or knowledge, and/or identity, and/or absence of mistake or accident, and/or the conduct relates to conduct that constitutes an integral part of the act or transactions [sic] that is the subject of the present proceeding.

The trial court found that the state intended to rely upon all of the exceptions listed and that, because the evidence constituted an integral part of the subject act, Prieur notice was not even required. We agree.

Article 404 of the Louisiana Code of Evidence states in pertinent part:

B. (1) Except as provided in Article 412, evidence of other...