State v. Johnson
| Citation | 338 S.C. 114,525 S.E.2d 519 |
| Decision Date | 10 January 2000 |
| Docket Number | No. 25047.,25047. |
| Parties | The STATE, Respondent, v. Roger Dale JOHNSON, Appellant. |
| Court | United States State Supreme Court of South Carolina |
Chief Attorney Daniel T. Stacey, of South Carolina Office of Appellate Defense, of Columbia, for appellant.
Attorney General Charles M. Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Lauri J. Soles, all of Columbia; and Solicitor Walter M. Bailey, Jr., of Summerville, for respondent.
A jury convicted Roger Dale Johnson of the kidnaping and murder of Kimberly Sue Edwards. In the sentencing phase, the same jury found beyond a reasonable doubt that the murder was accompanied by the following aggravating circumstances: (1) robbery while armed with a deadly weapon, (2) kidnaping, (3) larceny while armed with a deadly weapon, and (4) physical torture. The jury sentenced Johnson to death. Johnson appeals. We affirm.
On June 15, 1994, at around 10:30 p.m., Jackie Lee King and her live-in boyfriend, Roger Dale Johnson, walked from their house to Char's, a nearby restaurant in Greenville County. Johnson and King arrived at Char's at around 10:45 p.m. They sat down at a table and ordered beers. The only Char's employee working at the time was Kimberly Sue Edwards, the bartender. A few moments later, two customers left Char's, leaving Edwards, Johnson, and King alone in the restaurant. It was near closing time, and Edwards began washing glasses and totaling up the receipts. Johnson got up and walked to the counter across from where Edwards was standing. Edwards was on the telephone and had her back to Johnson. After Edwards hung up the phone, Johnson jumped over the counter, grabbed Edwards and held a knife to her throat. Johnson and King proceeded to steal the money from the bar. King wiped off the counter, the table and the juke box to remove any fingerprints.
Johnson and King forced Edwards outside. Edwards tried to escape but was quickly recaptured by Johnson. All three then got into Edwards's black Blazer. King drove them to King's house. They arrived at the house at around 1:00 am. Johnson carried Edwards into the house and placed her in a chair in the living room. King tied Edwards's feet with an electrical cord. After changing clothes, Johnson carried Edwards back to the car. King's teenage son was in the house during this time. The son testified that he helped his mother find the electrical cord. He also stated that a machete he owned disappeared around the time King and Johnson left the house with Edwards.
King resumed driving Edwards's car. Johnson was in the passenger seat, and Edwards was tied up in the backseat. King got on Interstate-26 headed toward Columbia. Soon thereafter, King exited the highway and proceeded down a dead-end road. She stopped in a secluded area where all three got out of the car. King testified she heard Edwards say, King then said she saw a machete come up and go down, and she heard "bones crunch twice."
King and Johnson got back into Edwards's car. King testified Johnson had the machete, and it was covered in blood. Johnson also had taken Edwards's purse and jewelry. King and Johnson drove to another dead-end road where Johnson burned his shirt and Edwards's purse. At around 8:00 a.m., Johnson and King picked up a friend who led them to an area near the Saluda River where Johnson set Edwards's car on fire.
Johnson and King were arrested for Edwards's murder. King entered into a plea agreement with the State by which she agreed to testify against Johnson in exchange for a fifteen year cap on her sentence. Johnson went to trial on February 19, 1996. Johnson was found guilty of murder and kidnaping. The jury sentenced him to death. Johnson appeals, raising the following issues:
1. During the guilt phase, did the trial court err when it admitted into evidence an enlarged version of a photograph of Edwards's two children?
2. During the guilt phase, did the trial court err when it refused to permit Johnson to contradict the testimony of Jerry Ward?
3. During the sentencing phase, did the trial court err when it refused to permit Johnson's sister to ask for mercy on Johnson's behalf?
4. During the sentencing phase, did the trial court err when it submitted the aggravating circumstance of physical torture to the jury?
5. During the sentencing phase, did the trial court err in admitting gruesome, color photographs of the victim, thereby violating the Eighth and Fourteenth Amendments to the United States Constitution?
Johnson argues that it was error for the trial court to admit into evidence an enlarged version of a photograph of Edwards's two sons. We disagree.
Among the burned remains of Edwards's purse, police found a photograph of Edwards's two sons. The photograph depicted the children sitting on Santa's lap. The photograph was damaged, but discernible. At trial, the prosecutor offered into evidence a crime scene photograph showing Edwards's photograph amidst the charred remains of the purse. The prosecution's photograph measured 8" x 12"; Edwards's photograph occupied 2" x 4" of the prosecution's photograph. The prosecution intended to use its photograph to establish that the purse belonged to Edwards. Johnson's attorney objected, arguing the enlarged version was prejudicial to Johnson and unnecessary since the original photograph was available to the jury. The trial judge ruled that the original photograph was too fragile for the jury to handle, and the prosecution's photograph would better assist the jury in examining the item. The defense offered to stipulate that the purse belonged to Edwards, but the prosecutor rejected the offer. The trial judge admitted the photograph into evidence.
Ordinarily, the State has the right to prove every element of the crime charged and is not obligated to rely upon a defendant's stipulation. 73 Am.Jur.2d Stipulations § 17, at 557 (1974). The relevancy, materiality, and admissibility of photographs as evidence are matters left to the sound discretion of the trial court. State v. Kornahrens, 290 S.C. 281, 350 S.E.2d 180 (1986), cert. denied, 480 U.S. 940, 107 S.Ct. 1592, 94 L.Ed.2d 781 (1987). However, photographs calculated to arouse the sympathy or prejudice of the jury should be excluded if they are irrelevant or unnecessary to the issues at trial. State v. Middleton, 288 S.C. 21, 339 S.E.2d 692 (1986), cert. denied, 488 U.S. 872, 109 S.Ct. 189, 102 L.Ed.2d 158 (1988). Yet, there is no abuse of discretion if the offered photograph serves to corroborate testimony. Id.
The photograph of the children was clearly relevant in proving that the purse belonged to Edwards. In turn, establishing Edwards as the owner of the purse served to corroborate King's version of events. Johnson's only objection at trial concerned the enlarged size of the prosecution's reproduction. However, Edwards's photograph only covered 2" x 4" of the prosecution's 8" x 12" photograph. Moreover, the trial court determined that the original photograph was too fragile for the jury to handle and, as a result, admitted the prosecution's photograph into evidence. Johnson nevertheless argues the admission of the photograph was unnecessary because there were other items among the remains bearing the name of Edwards's husband. However, it is generally recognized that the prosecution and the defense should be afforded wide discretion in the selection and presentation of evidence. See State v. Richardson, 253 S.C. 468, 474, 171 S.E.2d 717, 719 (1969)
("The prosecution is required to prove the guilt of the defendant beyond a reasonable doubt and may, in its discretion, determine what witnesses will be called in presenting such proof."), cert. denied, 396 U.S. 955, 90 S.Ct. 427, 24 L.Ed.2d 421 (1969); see also Imbler v. Pachtman, 424 U.S. 409, 426, 96 S.Ct. 984, 993, 47 L.Ed.2d 128 (1976)("Attaining the system's goal of accurately determining guilt or innocence requires that both the prosecution and the defense have wide discretion in the conduct of the trial and the presentation of evidence."); People v. District Court In & For Denver, 767 P.2d 239 (Col.1989). We therefore conclude that the trial court did not abuse its discretion by admitting the prosecution's photograph into evidence.
Johnson argues that the trial court erred when it refused to permit Johnson to contradict the testimony of Jerry Ward. We disagree.
Ward was in a jail cell next to Johnson for approximately six months. During this period, Ward and Johnson frequently spoke to one another about their cases and passed notes back and forth. Ward was called by the prosecution to testify at Johnson's trial. During cross-examination, the following colloquy occurred between Johnson's attorney and Ward:
At this point, defense counsel attempted to cross-examine Ward with a letter Ward had written to another...
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