State v. Lanier, COA03-476.

• Decision Date: 20 July 2004
• Docket Number: No. COA03-476.,COA03-476.
• Citation: 598 S.E.2d 596,165 NC App. 337
• Parties: STATE of North Carolina v. Pamela Sanders LANIER.
• Court: North Carolina Court of Appeals

598 S.E.2d 596

165 NC App. 337

STATE of North Carolina v. Pamela Sanders LANIER.

No. COA03-476.

Court of Appeals of North Carolina.

July 20, 2004.

Attorney General Roy Cooper, by Norma S. Harrell, Special Deputy Attorney General, for the State.

Rudolf, Maher, Widenhouse & Fialko, by M. Gordon Widenhouse, Jr., Chapel Hill, for defendant-appellant.

MARTIN, Chief Judge.

Defendant Pamela Sanders Lanier appeals from a judgment imposing a sentence of life imprisonment without parole entered upon her conviction by a jury for the first-degree murder of her husband, Ivy Dorian Lanier (Dorian). The jury found that she was guilty of first degree murder both on the basis of premeditation and deliberation and murder by poison.

Summarized only to the extent required to discuss the assignments of error brought forward on appeal, the evidence presented at defendant's trial tended to show that she and Dorian Lanier were married in 1993 and lived near Chinquapin. Dorian and defendant had a contract to grow turkeys for Nash Johnson and Son Farms. Dorian used a turkey medication called Nitro-3 on his turkeys, which was administered through the turkeys' water supply. Dorian had a proportional medication system between his house and his turkey houses, where Nitro-3 was mixed with water in a bucket called a proportioner; the mixture then ran through a water hose to the turkey house. The hose had a bypass valve that allowed one to draw fresh water, without Nitro-3, out of the hose. Nitro-3 contains arsenic and stains yellow any object with which it comes in contact.

The evidence showed that Dorian hurt his leg while operating his bulldozer the first week in September 1997, after which his health began to decline, and his behavior changed as well. Alli Bradshaw ("Bradshaw"), a family friend, testified that she lived with defendant and Dorian from September until 4 November 1997. Bradshaw testified that during that period, Dorian was frequently bedridden and delirious, lying in his bed naked. On other occasions, Dorian sat in his recliner and was too weak to cross his legs. Bradshaw described one incident when Dorian was bedridden for three days, unable to move or talk and had soiled the bed. Dorian ate only melted ice cream during this period, which defendant fed him from her fingers. On another occasion in late September, Dorian returned home and fell out of his truck onto the driveway where he lay, "acting like a zombie." Dorian had diarrhea and "messed up his pants" before defendant could get him inside the house.

Several witnesses testified that defendant tried to prevent family and friends from seeing Dorian while he was ill. Defendant became furious when anyone asked her to take Dorian to the doctor, even though he was ill and was not eating. Numerous witnesses documented that Dorian did not like doctors and did not want to go to the doctor, relying instead on defendant to "doctor" him. Defendant often opened up capsules which she said were antibiotics and poured them into Dorian's soft drinks; she also administered injections of Phenergan and Nubain. Phenergan is used to reduce nausea and vomiting; Nubain is a painkiller, sufficient quantities of which will put a person into a stupor. Despite his illness, Dorian received professional medical care only sporadically between September and his death in November.

The evidence also showed that defendant suffered from numerous medical problems in 1997, including migraine headaches. She had sores on her buttocks, which she thought were shingles, and frequently showed the sores to other people. As a result of her illnesses, defendant used a lot of medication, including Nubain and Phenergan. Over a four-year period ending in 1998, defendant purchased over $10,000 worth of prescription medication from the Kenansville Drug Store. She also went to an urgent care clinic as often as three days each week to get shots of Phenergan and Nubain until January 1997. Defendant had no insurance to cover her medical expenses.

Dr. Richard Jordan first treated Dorian on 14 September 1997, when Dorian complained of a bitter taste in his mouth. When Dorian came in for an office visit on 27 September 1997 he was delirious and sick. Despite his declining health, Dorian Lanier did not see a doctor until 13 November 1997. During this doctor's appointment on 13 November 1997, Dorian was in terrible pain and his cognitive function was impaired. Defendant stated that she had been giving Dorian injections of Phenergan, which the nurse instructed defendant to stop doing so that an upcoming diagnostic test would give accurate results. Despite this advice, defendant continued giving Dorian injections of Phenergan.

Dorian saw Dr. Jordan on 17 November 1997 with symptoms of nausea, diarrhea and vomiting. He had lost 21 pounds since his office visit on 27 September. Dorian was disoriented and could hardly walk or talk. Dr. Jordan instructed defendant to take Dorian to the emergency room immediately because he thought Dorian was on the verge of death. Defendant took Dorian to the emergency room, but did not stay for treatment.

Because Dorian's condition was worsening, he was unable to complete the diagnostic test scheduled for 18 November 1997. Defendant called the doctor's office on 19 November and stated that Dorian was nauseated, moaning in pain and vomiting. Defendant did not follow instructions to take Dorian Lanier to the emergency room immediately and continued to care for him at home.

Jackie Hatcher, a family friend, visited Dorian on the afternoon of 19 November 1997, to find him "wobbling" with orange skin. Hatcher insisted on taking him to the hospital and went to find help to carry Dorian to his truck. Defendant was preparing Pedialyte for Dorian to drink and checking his blood pressure. When Hatcher returned to the house, Dorian had a seizure and Hatcher told defendant to call 911.

Dorian arrived at the emergency room by ambulance at 6:25 p.m. He was vomiting, weak, and his skin looked orange. After a short time, Dorian began vomiting undigested food and a red liquid that smelled like alcohol. Efforts to resuscitate Dorian were unsuccessful and he died at 10:57 p.m.

Dr. Charles Garrett performed an autopsy on Dorian Lanier. Dorian's body was completely yellow, his liver had failed, his heart was enlarged and there was excessive fluid in his lungs. Dr. Garrett found no measurable amount of alcohol in Dorian Lanier's body, but there were traces of over the counter medicine and Phenergan. In Dr. Garrett's opinion, Dorian died of chronic and acute arsenic poisoning. According to the medical expert witnesses, the most common symptoms of arsenic poisoning are abdominal pain, weight loss, nausea, vomiting, diarrhea, a metallic taste in the mouth, jaundice, low blood pressure, stupor, disorientation and weakness in the limbs.

After Dorian died, defendant sold his bulldozer and several tractors for a total of approximately $21,000. Defendant also sold an option to purchase Dorian's land in Duplin County for $225,000.

Witnesses for the defense, including defendant's son Dustin Williams and her nephew Mitchell Sanders, who both lived in the home, testified that Dorian frequently took unidentified pills and had eaten fly bait and rat poison before his death. Although Dorian knew the turkey medication contained arsenic, several defense witnesses, including defendant's son, nephew, mother, father and a family friend, testified that they had seen Dorian drink from the hose attached to the turkey medication. Defendant's son, defendant's father and an EMT testified that Dorian told them at the hospital on 19 November "he had done [this] to himself."

Defendant brings forward on appeal six of the twenty-three assignments of error contained in the record on appeal. The remaining assignments of error are deemed abandoned. N.C. R.App. P. 28(a).

I.

Defendant contends the trial court erred by denying her motion in limine to prevent the State from offering evidence concerning the death of Johnny Ray Williams, defendant's former husband. Such evidence tended to show that defendant married Johnny Ray Williams (Williams) in 1989. He became ill during the summer of 1991. On 18 August 1991, Williams called his mother Marie Williams and told her that he would visit her the following day. Williams told his mother they needed to discuss the farm that they owned together, which was being foreclosed upon by the bank. Williams did not keep his appointment with Marie Williams on 19 August 1991; defendant called her the following day to inform her Williams was in the hospital. When Williams was hospitalized, he was confused and had trouble speaking. When Marie Williams visited her son, he was initially non-responsive and unable to communicate, but eventually sat up and talked during her visit. His doctors were unable to determine the cause of his illness.

The evidence also tended to show that on another occasion during the summer of 1991, Williams was observed to be sick and almost unconscious at his home. Defendant stated that he had "the DTs" but instead of seeking medical attention for him, she tried to pour liquor in his mouth.

On 4 September 1991, Williams went to the doctor, arriving in the office at 2:20 p.m. According to defendant, after Williams returned home from the doctor's appointment, he took 5 Lorazepam (Valium) pills, his blood pressure medicine (Tenormin), Benedryl and drank one-third of a 1.75 liter (fifth) of Seagram's. Williams walked outside to check his crab pots around midnight with a glass of liquor in his hand. Johnny Williams fell into the water beside his dock, where he drowned. The investigating police officer testified he arrived and found that Williams was below the surface of the water, which was not higher than 3 to 4 feet where Williams fell in. Johnny Williams was known to be an excellent swimmer. Williams' neurologist opined that even if Williams had taken all the medication and had...