State v. Gutweiler

• Decision Date: 27 September 2006
• Docket Number: No. KA 2006-561.,KA 2006-561.
• Parties: STATE of Louisiana v. Amanda GUTWEILER aka Amanda Hypes.
• Court: Court of Appeal of Louisiana — District of US

940 So.2d 160

STATE of Louisiana v. Amanda GUTWEILER aka Amanda Hypes.

No. KA 2006-561.

Court of Appeal of Louisiana, Third Circuit.

September 27, 2006.

Ellis Paul Adams, Jr., Louisiana District Attorney's Association, Baton Rouge, LA, for Other, District Attorneys of the State of Louisiana.

James C. Downs, District Attorney, Thomas George Walsh, Assistant District Attorney, Ninth Judicial District Court, Alexandria, LA, for Plaintiff/Appellant, State of Louisiana.

James Michael Small, Alexandria, LA, for Defendant/Appellee, Amanda Gutweiler.

Court composed of OSWALD A. DECUIR, MARC T. AMY, and BILLY HOWARD EZELL, Judges.

EZELL, JUDGE.

On April 30, 2002, the Rapides Parish Grand Jury indicted Defendant, Amanda M. Gutweiler also known as Amanda Hypes, with three counts of first degree murder, in violation of La.R.S. 14:30. Defendant was accused of murdering her three children by setting fire to the residence they were occupying. Defendant pled not guilty to all charges at her arraignment held on May 3, 2002. After her arraignment, Defendant filed several pre-trial motions, and the district court conducted hearings and ruled on most of them over the next four years.

On February 7, 2006, Defendant filed a "Motion to Compel Disclosure of Information Regarding Grand Jury Proceedings" (motion to compel) with the trial court. In the motion to compel, the defense alleged that the assistant district attorney had confirmed, on February 3, 2006, that he had released grand jury testimony to the State's key forensic witness. Defendant argued that this violated La.Code Crim.P. arts. 431 and 434, and she asked the trial court to compel the State to enumerate, with particularity, the names of all people to whom the prosecution had disclosed grand jury testimony or materials. On February 10, 2006, the prosecution answered Defendant's motion to compel. On February 22, 2006, the district court granted Defendant's motion to compel insofar as to order the State to provide Defendant with a copy of all of the grand jury materials it had given to its expert witness, but it denied all other requested relief.

On March 8, 2006, Defendant filed a "Motion to Quash Indictment and for Other Relief with Incorporated Memorandum of Authorities," (motion to quash) with the trial court. In the motion to quash, the defense argued that the prosecution had violated the laws pertaining to grand jury secrecy. On March 15, 2006, Defendant filed a "Motion for Contradictory Hearing and for Issuance of Subpoenas Instanter for Assistant District Attorneys and Former Assistant District Attorney" (motion for subpoenas). The prosecution responded to Defendant's motion for subpoenas on the same date by filing its "State's Motion to Quash Issuance of Subpoenas for Attorneys-at-Law" and its "Answer with Incorporated Memorandum of Authorities to Defendant's Motion to Quash Indictment and for Other Relief with Incorporated Memorandum of Authorities." The district court conducted a hearing on the motion to quash on March 16, 2006; and at the conclusion of the hearing, the trial court requested the submission of supplemental briefs.

On March 24, 2006, the defense filed "Defendant's Sealed Memorandum in Support of Motion to Quash." On the same date, the prosecution filed a "Motion to Show Compelling Necessity for the Release of Grand Jury Information as Mandated by In re Grand Jury, 98-2277 (La.4/13/99)[,] 737 So.2d 1, with Incorporated Authorities" (motion to show necessity). On March 27, 2006, the district court denied the prosecution's motion to show necessity, holding that the motion was untimely filed because it should have been filed prior to the disclosure of the grand jury testimony. The day after the trial court denied the prosecution's motion to show necessity, the defense filed "Defendant's Opposition to State's Motion to Show Compelling Necessity for the Release of Grand Jury Information." On March 30, 2006, the State filed its "State's Brief with Incorporated Memorandum of Authorities in Opposition to Defendant's Motion to Quash Indictment and for Other Relief with Incorporated Memorandum of Authorities" (State's opposition). The trial court granted Defendant's motion to quash on April 6, 2006. Several days later, on April 10, 2006, the district court ordered all pending motions to be continued without date.

The prosecution now appeals the trial court's grant of the motion to quash, incorporating and supplementing the arguments made in the State's opposition. The State filed a request for expedited consideration with its appeal, which this court denied on May 4, 2006.

For the reasons assigned, we affirm the district court's ruling.

FACTS

These facts were stipulated to in connection with the motion to quash. At the direction of an assistant district attorney, Mr. Thomas Walsh, the State, on April 11, 2002, provided a transcript of Courtney Thomas' November 8, 2001 grand jury testimony to Dr. John DeHaan, an expert employed by the State to investigate the cause and origin of the fire. Mr. Walsh did not first obtain a court order or other judicial authorization prior to ordering the release of Ms. Thomas' grand jury testimony.

On April 25, 2002, Dr. DeHaan testified before the grand jury, and five days later, the grand jury returned an indictment charging Defendant with three counts of first degree murder. The prosecution allowed Dr. DeHaan access to Ms. Thomas' grand jury testimony in order for Dr. DeHaan to obtain a complete understanding of the home's fuel load, the contents of the house, in order to state an opinion of and answer any questions pertaining to the cause and origin of the fire. Dr. DeHaan reviewed Ms. Thomas' grand jury testimony as well as a police statement given by Ms. Thomas concerning the furnishings of the residence prior to giving his own testimony before the grand jury. At the time Dr. DeHaan testified, the grand jury had been convened for approximately six months.

After the indictment in September or October 2005, the prosecution also provided the grand jury transcripts of Dalley, Iris, and Shanna Maynard to Detective Bobby Sandoval,¹ who is the State's lead investigator in the case. Detective Sandoval was to investigate whether these witnesses had committed perjury. Mr. Walsh did not obtain a court order or other judicial authorization permitting the release of these transcripts to Detective Sandoval.

Upon motion by Defendant, the State also provided copies of Dalley, Iris, and Shanna Maynard's grand jury testimony to Defendant on August 12, 2005 to satisfy Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), obligations; otherwise, the prosecution has not released any other grand jury testimony. The State has not provided Defendant with a copy of Ms. Thomas' grand jury transcript.

ERRORS PATENT

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. We note that the present appeal, unlike most appeals, was filed by the State rather than Defendant. We find that La.Code Crim.P. art. 920, read literally, requires an error patent review in all appeals. Thus, we reviewed the present record for errors patent. After reviewing the record, we find there are no errors patent.

ASSIGNMENT OF ERRORS NUMBERS ONE & TWO

The State argues that the trial court erred in granting the motion to quash. The State also contends that the trial court erred when it excluded Dr. DeHaan and Detective Sandoval from ever testifying in this case or in any future grand jury proceeding or prosecution of Defendant.

DEFENDANT'S ARGUMENT IN FAVOR OF HER MOTION TO QUASH

Defendant moved to quash the indictment based on a violation of grand jury secrecy, which is instituted by La. Const. art. V, § 34 and regulated by La.Code Crim.P. arts. 431, 434, 440-41, and State v. Revere, 232 La. 184, 94 So.2d 25 (1957). Defendant contends that, although this is not set out by La.Code Crim.P. art. 531, et seq., as a specific ground for quashing the indictment, La.Code Crim.P. art. 531, et seq., is merely illustrative as the Supreme Court has stated that an indictment can be quashed for violation of grand jury secrecy. United States v. Williams, 504 U.S. 36, 46, 112 S.Ct. 1735, 118 L.Ed.2d 352(1992); Bank of Nova Scotia v. United States, 487 U.S. 250, 108 S.Ct. 2369, 101 L.Ed.2d 228 (1988); United States v. Mechanik, 475 U.S. 66, 74, 106 S.Ct. 938, 943, 89 L.Ed.2d 50 (1986) State v. Cooper, 449 So.2d 1376 (La.App. 2 Cir.1984); State v. Reaves, 376 So.2d 136 (La.1979) (stating if the legislature has not specifically provided a method for raising an objection, it is properly brought by motion to quash). Because the accused has the right to have a grand jury conducted in accordance with law, Defendant was not required to demonstrate prejudice in order to have the indictment quashed based on violation of grand jury secrecy. People v. Minet, 296 N.Y. 315, 73 N.E.2d 529 (1947). The inconvenience caused by quashing the indictment would be temporary; whereas, the injustice caused by the refusal to quash the indictment would last in perpetuity because it could not be cured by a subsequent fair trial. Vasquez v. Hillery, 474 U.S. 254, 106 S.Ct. 617, 88 L.Ed.2d 598(1986); Revere, 94 So.2d 25. Defendant insisted that quashing the indictment is the only adequate remedy in the instant case.

Defendant maintains that the grand jury's failure to return an indictment before hearing Dr. DeHaan's testimony, which was based in part on Ms. Thomas' grand jury testimony, and that the grand jury's subsequent indictment of Defendant almost immediately after Dr. DeHaan's interview was greatly significant. Defendant points out that, as early as its decision in State v. Hopkins, 115 La. 786, 40 So. 166 (1906), the Louisiana Supreme Court had applied the grand jury secrecy rule to the district attorney, the courts, and the defense. The supreme court has consistently applied the grand jury secrecy rule to...