State v. Juniors
| Decision Date | 29 November 2005 |
| Docket Number | No. 2003-KA-2425.,2003-KA-2425. |
| Citation | 915 So.2d 291 |
| Parties | STATE of Louisiana v. Glynn JUNIORS, Jr. |
| Court | Louisiana Supreme Court |
R. Neal Walker, Marcia Adele Widder, Jelpi Pierre Picou, Jr., New Orleans, LA, G. Benjamin Cohen, Counsel for Appellant.
Hon. Charles C. Foti, Jr., Attorney General, Hon. Anthony G. Falterman, District Attorney, Donald David Candell, Assistant District Attorney, Anthony Terrell Marshall, Gonzales, LA, Counsel for Appellee.
This is a direct appeal under Louisiana Constitution article V, § 5(D) by the defendant, Glynn Juniors, Jr. On February 10, 1998, Ronald Williams and Juniors, were jointly indicted by a grand jury for the first degree murder of Albert "Butch" Robinson. Pursuant to a plea agreement with the State whereby he also agreed to testify against Juniors, Williams pled guilty to first degree murder and was sentenced to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. Defendant was tried before a St. James Parish jury. Following the close of evidence, the jury found defendant guilty as charged and, at the conclusion of the penalty phase of the trial, recommended a sentence of death by lethal injection. The trial court sentenced defendant to death in accordance with that recommendation. In his appeal to this court, defendant raises thirty-four assignments of error. After a thorough review of the law and the evidence, we find no merit in any of the assignments of error urged by defendant. Therefore, we affirm the defendant's conviction and sentence.
On November 17, 1997, shortly before 5:00 p.m., Robinson and John C. "Jack" Jackson, Jr., were each shot once inside the offices of Jack Jackson, Inc. and Fleet Boats, Inc., in Convent, Louisiana, in an apparent robbery attempt. The assailant absconded with Robinson's wallet and a knife, and with Jackson's wallet and some cash. Jackson, who was shot in the back, managed to call 911 and a nearby business, Elmwood Marine Services. Jack Haskell, an employee of Elmwood Marine Services and a friend of both Jackson and Robinson, ran to the office and attempted to render aid. Emergency personnel arrived shortly after Haskell, and began providing care to both victims. Robinson, who was shot in the head just above the left eye, was flown by helicopter to Thibodaux Regional Medical Center where he underwent emergency surgery. He died the next day. Jackson was transported by ambulance to Our Lady of the Lake Hospital in Baton Rouge, where he was treated and released two days later.
At trial, Jackson recounted the events of that November 17, 1997. He testified that at approximately 3:00 p.m., he was approached by a well-dressed, African-American male in the parking lot of the Fleet Boats office. The man asked him for a job application. Jackson led the man into the office, handed him the requested paperwork, and accompanied him back to the parking lot where they parted ways. Jackson then left to attend to various work-related tasks, both on and off the premises. He returned to the office at approximately 4:30 p.m. only to find the same individual who had approached him earlier standing outside the door of the office. This time the man asked if the welding job had been filled, and requested a second application. Jackson asked the man if he was Glynn Juniors, a person whom former employee Ronald Williams was going to send. The man responded negatively. Jackson then led the man into the office and handed him another application. The man asked Jackson if "the captain" was in and asked if he could speak with him. Jackson replied that Robinson was in the back office. The man proceeded to the back. Jackson, who remained behind to straighten the desk from which he had pulled the application, heard the man say "Butch." As he walked toward Robinson's office, Jackson could see Robinson standing at his desk holding one hand in the air. He heard a pop. Jackson entered the office only to discover Robinson with a gunshot wound above his eye. The assailant turned to Jackson, instructing him to empty his pockets and lie down on the floor. Jackson attempted to comply, but he was shot in the back before he could finish emptying his pockets. As Jackson lay prostrate on the floor, the man ransacked the office, ripping telephones from their jacks and throwing a computer monitor on top of Robinson. As he exited the room, the assailant kicked Jackson in the head.
In the weeks that followed, investigators developed several suspects, including Williams, a former Fleet Boats employee who reportedly called the Fleet Boats office on the afternoon of November 17, 1997, and spoke with Robinson. Debbie Wilson, the office secretary, reported that she overheard Robinson tell an individual who identified himself on the phone as "Ronald Williams" that he could stop by later that afternoon to pick something up. Investigators were unable to locate Williams for questioning.
On the evening of January 6, 1998, Williams and defendant were arrested shortly after they were captured on surveillance videotape attempting to rob the In & Out Food Store in Reserve, Louisiana. Defendant and Williams entered the store near closing time. Williams proceeded to the back of the store, where he slashed the throat of an elderly man. As defendant approached the counter, the cashier recognized him as a regular customer and reached up to retrieve defendant's usual brand of cigarettes. Defendant suddenly pulled out a gun, pointed it at the cashier's head, and demanded money. The cashier told defendant to calm down and that he was on a security camera, but defendant became more agitated and fired once. The cashier managed to dodge the bullet and retrieve his own weapon, which he kept hidden in a paper bag on the counter. When defendant leaned over the counter and again pointed his gun at the cashier, the cashier fired, wounding defendant. Defendant dropped to the floor and attempted to slide his gun to Williams. The gun stopped short of Williams' reach, coming to rest under a set of shelves. The two men fled the store. They were arrested by police a short time later.
The attempted robbery at the In & Out Food Store had similar characteristics to a December 22, 1997 unsolved robbery-homicide at BRS Seafood in LaPlace, Louisiana. In that incident, the body of Joann Edler had been found in the walk-in cooler of the store, with her throat slashed and a gunshot wound to the head. Ballistics tests on the projectile and casing recovered at the scene indicated that the gun used in that incident was similar to the one used in the attempted robbery at the In & Out Food Store. Accordingly, the lead investigators in the BRS Seafood case were notified. They proceeded to the St. John Parish Sheriff's Office to interview Williams, who, under questioning, volunteered that he and defendant had also participated in the robbery and shooting at Fleet Boats. Officials from the St. John Parish Sheriff's Office called the St. James Sheriff's Office and informed them of Williams' admission.
On February 10, 1998, a St. James Parish grand jury returned indictments charging both defendant and Williams with the first degree murder of Albert "Butch" Robinson. By way of pre-trial motion, the State sought to introduce evidence from the BRS Seafood murder and the In & Out Food Store attempted armed robbery. The trial court conducted a hearing under State v. Prieur, 277 So.2d 126, 130 (La.1973), and ruled the other crimes evidence admissible. Defendant sought writs. The court of appeal reversed, State v. Juniors, 99-0898 (La.App. 5 Cir. 8/12/99), and this court denied writs. State v. Juniors, 99-2472 (La.8/13/99), 747 So.2d 44.
On April 19, 1999, Williams pled guilty to first degree murder. Pursuant to the plea agreement, the court sentenced Williams to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. As part of the plea agreement, Williams agreed to testify against defendant.
Jury selection in defendant's case began on August 12, 1999, with the trial commencing four days later. At trial, Williams testified that on the afternoon of November 17, 1997, he and defendant drove from LaPlace to Convent in a gray Chevrolet Celebrity with the idea of robbing his former employer, whom he knew to carry a large amount of cash. Upon arriving in Convent, Williams dropped defendant off in the vicinity of the Fleet Boats office. The plan was for defendant to walk up to the office and ask for a job application so that he might "scope out" the premises. Williams circled back in his vehicle and retrieved defendant a short time later. The two men then drove around for a while, returning to the same location later in the day. According to Williams, the second time they approached the Fleet Boats office, he parked his car behind the nearby post office, got out, and walked to the front of the building. Defendant walked across a field to the Fleet Boats office. Williams returned to his car, popped the hood, and waited. After a few minutes, Williams heard two shots being fired, and the sound of items being thrown around. The defendant appeared across the field, walking from the direction of the Fleet Boats office. The men got in Williams' car and drove off. Later, defendant gave Williams a knife and approximately $285 to $295 in cash. Williams testified that defendant told him he shot each of the men in the head.
In addition to Williams' trial testimony, the State introduced testimony from Ms. Adine Hymel, a post office employee. Hymel explained that on the afternoon of November 17, 1997, as she was leaving work, she...
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