State v. Keane
| Citation | 764 S.E.2d 700 (Table) |
| Decision Date | 19 August 2014 |
| Docket Number | No. COA14–171.,COA14–171. |
| Court | North Carolina Court of Appeals |
| Parties | STATE of North Carolina v. William Scott KEANE. |
Attorney General Roy Cooper, by Assistant Attorney General Linda Kimbell, for the State.
Bruce T. Cunningham, Jr., for Defendant.
Defendant William Scott Keane appeals from a judgment based upon his conviction for first degree rape. On appeal, Defendant contends that the trial court erred by failing to instruct the jury concerning the issue of his guilt of assault inflicting serious injury or, in the alternative, that his trial counsel provided him with constitutionally deficient representation for failing to request the delivery of such an instruction. After careful consideration of Defendant's challenges to the trial court's judgment in light of the record and the applicable law, we conclude that the trial's court judgment should remain undisturbed.
J.B.1 met Defendant in February 2008 at Carolina Ale House, at which she worked. Subsequently, the two of them entered into a nonexclusive sexual relationship, during which they saw each other once or twice a month. On each occasion when the two of them were together, they had sexual intercourse.
In July 2008, Defendant and Jennifer spent the night at the residence of one of Defendant's friends. While Defendant was asleep, his phone rang repeatedly. As a result, Jennifer answered Defendant's phone. After Defendant awoke, Jennifer admitted having answered his phone, causing Defendant to become angry, punch her in the face repeatedly, and force her to remain at that location for hours without leaving his sight for any purpose, including going to the bathroom. Defendant threatened to kill Jennifer and her mother if she contacted the police. Although she did not report Defendant's conduct to law enforcement officers, Jennifer did provide that information to her mother and her best friend, Robin Fuller.
After the date upon which Defendant assaulted and restrained her, Jennifer left North Carolina for a month in order to heal. Upon returning to North Carolina, Jennifer resumed her sexual relationship with Defendant. Jennifer and Defendant had sexual intercourse on two occasions between the date of Jennifer's return to North Carolina and 24 October 2008. Although Jennifer did not want to have sexual intercourse with Defendant on those occasions, she was afraid that she would be injured if she rejected his advances.
On 24 October 2008, Jennifer invited several friends to her townhouse for a party which began between 7:00 and 8:00 p.m. During the course of the evening, Jennifer consumed eight to nine alcoholic beverages. At some point during the evening, Jennifer called a co-worker, Andy Maldonado, and invited him to the party. Mr. Maldonado arrived at the townhouse after midnight at a time when only two other guests were still present. After the two remaining guests left, Jennifer and Mr. Maldonado went upstairs to her room. Although Jennifer was intoxicated and felt slightly sick to her stomach, she was neither nauseated nor incoherent and did not fall or stumble on the stairs.
After reaching the bedroom, Jennifer and Mr. Maldonado began kissing on her bed. As the two of them did this, they heard a door slam and the sound of footsteps on the stairs. Shortly thereafter, Defendant, who was in an angry frame of mind, appeared in the doorway, asked what was going on, and told Mr. Maldonado to leave. As Mr. Maldonado retreated down the stairs, Defendant put his hand on Mr. Maldonado's back and pushed him, causing Mr. Maldonado to grab the railing in order to keep from falling. Defendant accompanied Mr. Maldonado to a waiting taxi outside and then reentered the townhouse.
Upon leaving the townhouse, Mr. Maldonado called Ms. Fuller and told her what had occurred. During that conversation, Mr. Maldonado told Ms. Fuller that he believed that Jennifer's safety was at risk and suggested that she call somebody for assistance. After calling the Carolina Ale House for the purpose of obtaining Jennifer's address, Ms. Fuller called 911, explained what had occurred, and requested that a law enforcement officer go to Jennifer's townhouse immediately.
At the time that Defendant returned to the bedroom, Jennifer was lying on the floor next to the bed. Defendant stood above Jennifer, yelled at her, questioned why she had been with Mr. Maldonado, and began to hit her on the head with both hands while making derogatory comments about her. After striking her many times, Defendant lifted Jennifer off the ground; grabbed her by the hair, arms, and shoulders; made her look him in the eyes; and hit her in the face. Although Jennifer attempted to distract Defendant by telling him that one of his friends had told her that Defendant was married, Defendant resumed his assault upon Jennifer by striking her as she curled up on the floor in an attempt to protect herself. In addition, Defendant called a friend to ask who had told Jennifer that he was married.
After making this phone call, Defendant picked Jennifer up by her hair, made her look in his eyes, and struck her in the face. She fell to the floor and Defendant repeated the act of picking her up and striking her five to six times. As Defendant continued to strike Jennifer and made several phone calls, Ms. Fuller called Jennifer. When she answered the phone, Jennifer began screaming, “Rick told me he was married.” Ms. Fuller concluded that something was “very, very wrong,” since Jennifer seemed very afraid. After the call ended, Defendant struck Jennifer again, so that she threw up on the bed, the floor, and herself.
At that point, Defendant picked Jennifer up and began to slowly undress her in a “sick” way. Although Jennifer told Defendant that she did want any of “this,” she refrained from resisting given her fear that Defendant was going to kill her. After removing his pants, Defendant began to have sexual intercourse with Jennifer. After completing this act of intercourse, Defendant dressed himself and made a phone call to a friend. At that point, Jennifer dressed herself in a bathrobe, excused herself by saying that she wanted a drink of water, walked downstairs, and left the townhouse.
Upon opening the townhouse door, Jennifer encountered Officer Robert Edmundson of the Raleigh Police Department, who had been dispatched to her residence between 2:20 and 3:00 a.m. and told him that, if Defendant knew that Officer Edmundson was there, he would kill her. After noting the existence of injuries to Jennifer's face, Officer Edmundson told her to go to his patrol vehicle. At that point, however, Defendant emerged from the townhouse.
As Officer Edmundson ordered Defendant to stop and get on his knees, Jennifer identified Defendant as her assailant. Although Defendant acted puzzled and did not initially comply, he eventually got down on one knee before running towards the woods adjacent to Jennifer's townhouse. After a relatively short pursuit, Officer Edmundson apprehended Defendant when he collided with a fence and tripped. Defendant told Officer Edmundson that he had not touched Jennifer and that some other man had beaten her up. Jennifer gave statements to officers at the townhouse describing the assault, but she did not report that she had been raped.
After encountering Officer Edmundson, Jennifer was transported to the hospital for treatment. At the time that she reached the hospital, bruises and abrasions could be seen on Jennifer's face, head, shoulders, and arms. Jennifer's head was so severely bruised that x-rays were taken. In addition, Jennifer's right eye was severely swollen. As a result of the fact that Jennifer had a hematoma below her right ear, medical personnel had to drain blood from her ear and apply a pressure dressing to prevent further swelling. Jennifer's injuries took about a month to heal.
After speaking with her mother from the hospital, Jennifer reported that she had been raped. According to her mother, Jennifer still cries when reminded of what happened, shakes uncontrollably when the events underlying this case are discussed, is frightened by loud noises, and refuses to answer the door.
Agent Timothy Anguish of the City County Bureau of Identification examined Jennifer's townhouse, took photographs of the interior of the structure, and collected other items of evidence. Agent Anguish did not note any damage to or unusual condition in the stairwell. A clump of hair, a bracelet, and an earring, along with the vomit-stained clothes that Jennifer had worn on the preceding evening, were found on the bedroom floor adjacent to the bed.
Defendant had been involved in a sexual relationship with Jennifer since January or February 2008. On a daily basis, Jennifer would call or send a text message to Defendant in which she requested that he see or have sexual intercourse with her. Although the two of them initially saw each other each week, Defendant subsequently decided that they should see each other on a bi-weekly basis. On each occasion when they were together, Jennifer would initiate sexual contact with Defendant.
Upon waking at a friend's house in July 2008, Jennifer told Defendant that she had answered his phone when his “wife” called. Although Defendant became upset, he did not strike Jennifer on this occasion. They did, however, argue as Defendant drove Jennifer home. After this incident, Defendant stopped interacting or communicating with Jennifer. During this interval, Jennifer reported for work, never left North Carolina, and continued contacting Defendant.
About a month after the July incident, Jennifer contacted Defendant by calling him from a different phone number than the one that she had previously used. As a result of the fact that Jennifer was distraught and wanted to see Defendant, the two of them met and resumed their sexual relationship.
On the night of 24 October 2008, Jennifer called Defendant rep...
To continue reading
Request your trial