State v. Jones

• Decision Date: 06 July 2012
• Docket Number: No. 09–0146.,09–0146.
• Citation: 817 N.W.2d 11
• Parties: STATE of Iowa, Appellee, v. Arzel JONES, Appellant.
• Court: Iowa Supreme Court

817 N.W.2d 11

STATE of Iowa, Appellee,

v.Arzel JONES, Appellant.

No. 09–0146.

Supreme Court of Iowa.

July 6, 2012.

Patrick C. Peters of Payer, Hunziker, Rhodes & Peters, LLP, Ames, for appellant.

Thomas J. Miller, Attorney General, Elisabeth S. Reynoldson, Assistant Attorney General, Jennifer A. Miller, County

Attorney, and Suzanne M. Lampkin, Assistant County Attorney, for appellee.

WIGGINS, Justice.

Following his sentencing to consecutive prison terms totaling thirty-five years, a criminal defendant asks us to review the district court's determinations that the written entry of the verdict was proper, that a fork is a dangerous weapon, that the State did not commit a Brady¹ violation or fail to disclose newly discovered evidence, that the defendant's trial counsel could not withdraw at the beginning of trial, and that the defendant knowingly and voluntarily waived his right to a jury trial. The court of appeals affirmed the district court's determinations. Pursuant to our discretion to decide issues after granting further review, we choose to only address whether Iowa Rule of Criminal Procedure 2.17(2) requires a trial court to announce the verdict in open court following a bench trial and whether the State committed a Brady violation. We let the opinion of the court of appeals stand as the final decision of this court on the other issues.

With regard to the rendering of the verdict, we hold rule 2.17(2) requires a trial court to announce the verdict in a recorded proceeding in open court. We find, however, that the district court cured its error and substantially complied with rule 2.17(2) in this case. We further hold the State did not commit a Brady violation. Accordingly, we affirm in part and vacate in part the decision of the court of appeals and affirm the judgment of the district court.

I. Background Facts and Proceedings.

In fall 2007, Arzel Jones met M.P. at the bar where she worked in Marshalltown. Shortly thereafter, they began a consensual sexual relationship and saw each other on a daily basis. On November 30, Jones went to M.P.'s home and asked her to accompany him to his apartment to look at a damaged kitchen wall. When they arrived, M.P. noticed the wall was undamaged. Jones began accusing M.P. of being unfaithful in their relationship. Over the course of the next several hours, Jones punched M.P. in the chest two or three times, slapped her across the face, and slapped the back of her head.

After M.P. did not show up for work, M.P.'s ex-boyfriend called 911. In the call, he reported a “woman beating” and identified the victim as M.P. He described the attacker as a black male named “Kujo.” When asked if M.P. and Kujo were outside, the ex-boyfriend replied, “No they're inside, but I guess a couple of days ago, whatever what happened was she ended up uh—he ended up choking her and she got a cut on her neck.” Because he was not sure of the address, the ex-boyfriend gave the dispatcher directions to the location, described the location as a yellow apartment building, and stated a number of black individuals lived there.

When police responded to the call and knocked on the door of Jones's apartment, Jones covered M.P.'s mouth with his hand and placed his legs across her body, restraining her movement. After they did not hear a response, the police attempted to look in the apartment's windows, but could not note anything other than the lights were turned off. Jones forced M.P. into the bedroom and continued to cover her mouth. The police knocked at the door a second time, but again, no one responded.

After the police left, Jones told M.P. to call the police and her family. At the direction of Jones, M.P. informed them she was in Ames with a friend. M.P. also called her employer and reported she would not make it to work that night because her grandmother was sick.

M.P. described her injuries as bruises to her chest and swelling on the side of her face and around her eye. M.P. did not believe Jones would let her return home and did not want her parents or son to see her injuries. Further, M.P. believed Jones felt sorry for his actions because he began displaying different behavior, which included purchasing ice packs and dinner for her. M.P. spent the weekend at Jones's apartment and left on the afternoon of December 3 to pick up her son from school.

M.P. went to work that night and was finishing a late shift at the bar during the early hours of December 4. Jones arrived at the bar, sat at a table where he could see M.P., and ordered several drinks. Just before the bar closed, Jones purchased a six-pack of beer and left. M.P. left work fearing that Jones was waiting for her in the parking lot. M.P. did not see Jones, but after she started her car, Jones got into the car with her. Jones ordered M.P. to drive to the gas station near his apartment. Upon arrival, Jones took the keys from the ignition and went into the store, leaving M.P. in the car. When Jones came out of the store, he ordered M.P. to get into the passenger seat so that he could drive. Although M.P. informed Jones she needed to go home, Jones drove them back to his apartment.

M.P. feared she could not escape and followed Jones into his apartment. Once inside, Jones locked the door and ordered M.P. to remove her clothes. During the next several hours, Jones forced M.P. to engage in nonconsensual sexual activity by holding a metal fork to her neck, threatened M.P.'s life, kicked M.P. in the face while wearing boots, punched M.P. in the chest, and strangled her.

Jones then forced M.P. to take a shower and drove her to the emergency room and two health clinics. He told her to tell the doctors and her parents that she had broken up a bar fight. However, Jones forced M.P. to leave each location before doctors could treat her.

M.P. finally went home on the afternoon of December 4. After M.P. told her parents that Jones had physically abused and sexually assaulted her, they contacted the police and took her to the hospital. M.P.'s treating physician testified M.P. had a laceration on the inside of her mouth, bruises and welts on her face, bruises on her chest and arm, and a welt on her neck. The physician estimated M.P. received the welt on her neck sometime in the preceding twelve to eighteen hours.

The State filed two trial informations. One charged Jones with third-degree kidnapping and domestic abuse assault causing bodily injury for the events occurring on November 30. The other charged Jones with first-degree kidnapping, attempt to commit murder, two counts of second-degree sexual abuse, first-degree harassment, and domestic abuse assault causing bodily injury for the events occurring on December 4.

Eight days before trial, a police officer who responded to Jones's apartment on November 30 referred to the 911 call during his deposition. Jones then requested a copy of the transcript detailing the call. The State did not provide a transcript to Jones until after trial.

Jones waived his right to a jury trial and a three-day bench trial began on January 23, 2008. The court did not reconvene the parties to announce the verdict. Instead, the court rendered its verdict on March 7 via a written order. The order detailed the court's findings of fact, conclusions of law, and found Jones guilty of third-degree kidnapping and domestic abuse assault causing bodily injury for the events taking place on November 30, 2007. It also found Jones guilty of assault with intent to inflict serious bodily injury, second-degree sexual abuse, third-degree sexual abuse, and domestic abuse assault causing bodily injury for the events of December 4. The court later amended the verdict by written order, finding Jones guilty of assault causing bodily injury instead of domestic abuse assault causing bodily injury in each case because the State had failed to prove Jones and M.P. were in a relationship sufficient to give rise to domestic abuse assault.

Jones filed a combined motion in arrest of judgment and motion for new trial in which he raised all of the arguments at issue in this appeal. The district court held a hearing on November 21, 2008, to address Jones's motions. At the outset, the court recited the crimes for which it found Jones guilty. After the hearing, the court denied the motions. The court then sentenced Jones to consecutive prison sentences totaling thirty-five years. Jones appealed, and we transferred the case to the court of appeals. The court of appeals affirmed the district court. Jones filed an application for further review, which we granted.

II. Issues.

The court of appeals held the district court did not err in determining that the written entry of the verdict was proper, that a fork is a dangerous weapon, that the State did not commit a Brady violation or fail to disclose newly discovered evidence, that Jones's attorney could not withdraw at the beginning of the trial, and that Jones knowingly and voluntarily waived his right to a jury trial. When a party requests further review, we have the discretion to review all or part of any issue raised in the application for further review. Everly v. Knoxville Cmty. Sch. Dist., 774 N.W.2d 488, 492 (Iowa 2009). In the exercise of our discretion, we choose only to review whether the written entry of the verdict was proper and whether the State committed a Brady violation. Therefore, we will let the court of appeals opinion stand as the final decision in this appeal on the other issues raised. See State v. Marin, 788 N.W.2d 833, 836 (Iowa 2010).

III. Standard of Review.

We review interpretations of the Iowa Rules of Criminal Procedure for correction of errors at law. State v. Finn, 469 N.W.2d 692, 693 (Iowa 1991). We review a trial court's ruling on an asserted Brady violation de novo because it is constitutional in nature. Harrington v. State, 659 N.W.2d 509, 519 (Iowa 2003).

IV. Announcement of the Verdict.

A. Interpretation of Iowa Rule of Criminal Procedure 2.17(2).Rule 2.17(2) sta...