State v. Hausauer
| Decision Date | 19 December 2006 |
| Docket Number | No. 05-176.,05-176. |
| Citation | 2006 MT 336,335 Mont. 137,149 P.3d 895 |
| Parties | STATE of Montana, Plaintiff and Respondent, v. Jeffrey Reuben HAUSAUER, Defendant and Appellant. |
| Court | Montana Supreme Court |
For Appellant: Patricia Bik, Helena, Montana.
For Respondent: Mike McGrath, Montana Attorney General, Joslyn M. Hunt, Assistant Attorney General, Helena, Montana Fred Van Valkenburg, Missoula County Attorney, Missoula, Montana.
¶ 1 A jury convicted Jeffrey Hausauer (Hausauer) of operating a methamphetamine laboratory in the Fourth Judicial District, Missoula County. The District Court designated Hausauer as a persistent felony offender and sentenced him accordingly. On appeal, Hausauer contends the District Court should have granted his motion for a directed verdict of acquittal because the State failed to prove the elements of the charged offense. In the alternative, should we decline to reverse on this basis, Hausauer contends the District Court erred when it failed to dismiss for cause two jurors who during voir dire revealed biases which made them unable to impartially evaluate Hausauer's case, and improperly instructed the jury on unanimity. Hausauer seeks reversal and an order for a directed verdict of acquittal, or alternatively reversal for a new trial. We affirm in part, reverse in part, and remand for a new trial.
¶ 2 The issues on appeal are:
¶ 3 1. Did the District Court abuse its discretion by denying Hausauer's motion for a directed verdict of acquittal?
2. Did the District Court abuse its discretion by denying Hausauer's motions to excuse two jurors for cause?
3. Did the District Court err by failing to properly instruct the jury on unanimity?
¶ 4 Early on the morning of August 23, 2002, flames engulfed a camping trailer occupied by Hausauer in a residential neighborhood in Missoula, Montana. Although the source of the fire was never determined, evidence gathered at the scene led law enforcement officers to suspect the fire was caused by an accidental explosion resulting from methamphetamine production. On November 19, 2003, the State charged Hausauer by information with purposely or knowingly engaging in the procurement, possession, or use of chemicals, precursors to dangerous drugs, supplies, equipment, or a laboratory for criminal production or manufacture of dangerous drugs in violation of § 45-9-110, MCA. Hausauer pled not guilty on December 31, 2003.
¶ 5 A two day jury trial commenced on June 25, 2004. In response to voir dire questions, two prospective jurors, L.H. and B.M., voluntarily admitted they had doubts about their abilities to be objective about Hausauer's case. Hausauer moved to dismiss L.H. and B.M. for cause. The District Court denied Hausauer's motions. Hausauer then used peremptory challenges to dismiss the two jurors. Hausauer used all six of the peremptory challenges available to him by the time jury selection concluded. The District Court excused for cause eight other prospective jurors not at issue here.
¶ 6 The State presented circumstantial evidence to support its charge against Hausauer because no direct evidence showed he operated a methamphetamine lab in the camper that burned. It was undisputed, however, that Hausauer inhabited the camper, occupied the camper when it caught fire, and sustained severe burns to his hands, arms, legs and torso before he exited the burning camper. Further, the camper's charred remains contained many items which are commonly used to produce methamphetamine. Police found in the camper a cooler containing dry ice and a bottle with traces of methamphetamine in it. Police also found two square metal cans of the same type as those which typically hold Coleman fuel or paint thinner, lye, a packaging label for hydrochloric acid, and a partially burned bottle of "Heet," a fuel line anti-freeze consisting of isopropyl alcohol—all known ingredients for methamphetamine production. Additionally, a detective found paraphernalia typically used to facilitate the ingestion of methamphetamine—three lighters, a spoon, matches, a spray bottle, and a razor blade—in the clothing and fanny pack Hausauer wore when he arrived at the hospital for treatment of his burns and smoke inhalation. Finally, the burned camper lacked power, propane, running water, and sewage facilities—facts which further raised suspicions that Hausauer used the camper to produce methamphetamine and not for living quarters.
¶ 7 At the close of the State's case-in-chief, Hausauer moved for a directed verdict of acquittal on grounds the State failed to prove the elements of the charged offense. Specifically, Hausauer argued the State presented no evidence as to any incriminating act or omission on his part, and as a result the jury had no basis for inferring his mental state. Hausauer also contended the evidence showed he legally possessed, for non-drug related purposes, the camper and all of the items found in it. The District Court denied Hausauer's motion for a directed verdict, and the trial proceeded.
¶ 8 At the close of arguments the District Court instructed the jury on several topics, including unanimity. The court instructed, Hausauer did not object to the court's general instruction, nor did Hausauer offer an alternative specific instruction on unanimity.
¶ 9 On June 29, 2004, the jury found Hausauer guilty of operating an unlawful clandestine laboratory in violation of § 45-9-132(3), MCA, and the District Court designated him as a persistent felony offender pursuant to § 46-18-501, MCA. On October 14, 2004, the District Court sentenced Hausauer to twenty years imprisonment at the Montana State Prison, with fifteen years suspended, for the offense. The court sentenced Hausauer to an additional twenty years with five years suspended due to his persistent felony offender status. The sentences run consecutively. Hausauer appeals from his conviction raising three issues. We affirm on Issue One, reverse and remand for a new trial on Issue Two, and decline to resolve Issue Three.
¶ 10 We review a district court's denial of a motion for a directed verdict for an abuse of discretion. State v. McGarvey, 2005 MT 308, ¶ 13, 329 Mont. 439, ¶ 13, 124 P.3d 1131, ¶ 13 (citation omitted). We also review a trial court's denial of a challenge for cause for an abuse of discretion. State v. Golie, 2006 MT 91, ¶ 6, 332 Mont. 69, ¶ 6, 134 P.3d 95, ¶ 6 (citation omitted). A court abuses its discretion if it fails to excuse for cause a prospective juror whose actual bias is discovered during voir dire. State v. Heath, 2004 MT 58, ¶ 7, 320 Mont. 211, ¶ 7, 89 P.3d 947, ¶ 7 (citation omitted).
¶ 11 We review jury instructions in criminal cases to determine whether the instructions as a whole fully and fairly instruct the jury on the applicable law. State v. Azure, 2005 MT 328, ¶ 8, 329 Mont. 536, ¶ 8, 125 P.3d 1116, ¶ 8. A district court has broad discretion in formulating jury instructions, and our standard of review is whether the court abused that discretion. Azure, ¶ 8 (citation omitted).
¶ 12 1. Did the District Court abuse its discretion by denying the defendant's motion for a directed verdict of acquittal?
¶ 13 At the outset, we determine whether the District Court abused its discretion when it denied Hausauer's motion for a directed verdict of acquittal. We do so because Hausauer requests disposition of this issue first, and were we to decide this issue in Hausauer's favor, we would not reach the remaining issues. We determine the District Court did not abuse its discretion in this regard.
¶ 14 Hausauer argues the State failed to present sufficient evidence to prove he possessed the mental state necessary to commit the charged crime, and therefore failed to prove an essential element of the charge. Hausauer contends the State presented no evidence of anything he did, or failed to do, from which the jury could infer his mental state. Further, he argues that all of the items found in the camper Hausauer occupied could be lawfully purchased and lawfully used for purposes other than drug production. As a result, the State failed to meet its burden of proof against Hausauer, and he should have been acquitted as a matter of law.
¶ 15 The State counters that the District Court properly submitted the charge of operating an unlawful clandestine laboratory to the jury. Sufficient evidence existed for the jury to infer Hausauer's mental state from surrounding circumstances, including the fact that Hausauer occupied the camper trailer which contained methamphetamine as well as items commonly used to manufacture methamphetamine. As a result, Hausauer's culpability was a question of fact—not a question of law—appropriate for the jury's determination. We agree.
¶ 16 A directed verdict of acquittal is appropriate only when no evidence exists to support a guilty verdict. State v. LaMere, 2003 MT 49, ¶ 19, 314 Mont. 326, ¶ 19, 67 P.3d 192, ¶ 19 (citations omitted) (emphasis added). No abuse of discretion results from denial of a motion for a directed verdict of acquittal when the evidence presented is viewed in a light most favorable to the prosecution, and a rational trier of fact could find the essential elements of a crime beyond a reasonable doubt. State v. Longstreth, 1999 MT 204, ¶ 16, 295 Mont. 457, ¶ 16, 984 P.2d 157, ¶ 16 (citations omitted).
¶ 17 The State charged Hausauer with purposely or knowingly engaging in the procurement, possession, or use of chemicals, precursors to dangerous drugs, supplies, equipment, or a laboratory for criminal production or manufacture of dangerous drugs in violation of § 45-9-110, MCA. At the...
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