State v. Leger
| Decision Date | 17 August 2005 |
| Docket Number | No. KA 04-1467.,KA 04-1467. |
| Citation | 907 So.2d 739 |
| Parties | STATE of Louisiana v. David Lee LEGER. |
| Court | Louisiana Supreme Court |
Christopher Brent Coreil, District Attorney, Thirteenth Judicial District Court, Kathy F. Meyers, Attorney at Law, Ville Platte, LA, for Plaintiff/Appellee State of Louisiana.
Allen Bruce Rozas, Attorney At Law, Ville Platte, LA, for Defendant/Appellant David Lee Leger.
Court composed of GLENN B. GREMILLION, BILLY HOWARD EZELL, and JAMES T. GENOVESE, Judges.
On October 14, 2003, the Defendant, David Lee Leger, was indicted by a grand jury with being a principal in the first degree murders of Brandy Vickers, Jennifer Leger, and Michelle Aucoin. He was also indicted on three counts of solicitation for murder and three counts of criminal conspiracy for his alleged involvement in the three murders. Prior to trial, the Defendant filed a writ application in this court seeking review of the trial court's denial of its motion to suppress. This court denied the writ application, finding no error in the trial court's ruling. See State v. Leger, an unpublished writ bearing docket number 04-237 (La.App. 3 Cir. 2/23/04). The State subsequently elected to reduce the Defendant's charges to second degree murder.
Presentation of the evidence in the case commenced March 1, 2004, and on March 8, 2004, the jury convicted the Defendant on the three counts of conspiracy to commit second degree murder and acquitted him of the remaining charges. On May 24, 2004, after denying the Defendant's motion for post verdict judgment of acquittal and motion for new trial, the trial judge sentenced the Defendant to twelve years at hard labor on each count to run consecutively. The Defense filed a motion for appeal which was granted June 4, 2004. The Defendant is before this court seeking review of his convictions and sentences.
The facts of this case are discussed in detail below.
In accordance with La.Code Crim.P. art. 920, all appeals are reviewed by the court for errors patent on the face of the record. After reviewing the record, the court finds there are no errors patent.
In his first three Assignments of Error and Summary of the Argument, the Defendant challenges the sufficiency of the evidence presented by the State at trial. The Defendant first contends the jury went outside the record to find facts to support its compromise verdict. In support of his argument, the Defendant concentrates on the lack of evidence of threats or violence to any of the victims, child support problems, or a motive to kill victim Brandy Vickers. Next, the Defendant contends the jury did not eliminate all reasonable hypotheses of innocence. Finally, the Defendant argues the State failed to prove the Defendant possessed the requisite specific intent.
Louisiana Revised Statutes 14:26(A) defines criminal conspiracy as follows:
Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.
In State v. Laws, 95-593, pp. 2-3 (La.App. 3 Cir. 12/6/95), 666 So.2d 1118, 1121, writ denied, 96-89 (La.9/13/96), 679 So.2d 102, this court stated:
When an appellate court examines sufficiency of evidence, the standard of review is whether, viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could conclude, beyond a reasonable doubt, that there was proof of each element of the crime. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). When the conviction is based upon circumstantial evidence, such evidence must exclude every reasonable hypothesis of innocence. La.R.S. 15:438. This is not a stricter standard of review, but it is an evidentiary guide for the jury when it considers circumstantial evidence. State v. Porretto, 468 So.2d 1142 (La.1985). If a case involves circumstantial evidence, and a rational trier of fact reasonably rejects the defendant's hypothesis of innocence, that hypothesis fails; and unless another one creates reasonable doubt, the defendant is guilty. State v. Captville, 448 So.2d 676 (La.1984). Moreover, it is the role of the fact finder to weigh the respective credibilities of the witnesses, and therefore the appellate court should not second-guess the credibility determinations of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. State v. Richardson, 425 So.2d 1228 (La.1983).
In State v. Johnson, 01-1084, pp. 6-7 (La.App. 3 Cir. 2/6/02), 817 So.2d 120, 125, this court stated:
An essential element of the crime of conspiracy is specific intent. State v. Guillory, 540 So.2d 1212 (La.App. 3 Cir. 1989). Specific intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequence to follow. As a question of fact, intent may be inferred from the circumstances of the actions of the offender. See La.R.S. 14:10(1) and State v. Valrie, 99-226 (La.App. 3 Cir. 10/13/99); 749 So.2d 11, writ denied, 99-3236 (La.4/20/00); 760 So.2d 343.
Before addressing each of the Defendant's arguments regarding insufficiency of the State's case, we will first outline the testimony and evidence presented at trial. After outlining the testimony and evidence, we will then address several issues raised in the Defendant's Summary of the Argument, which precedes his arguments in Assignment of Errors Numbers One, Two, and Three.
Prior to the Defendant's indictment, the Defendant's lifelong friend, Kenneth Vickers, Jr., pled guilty to manslaughter of each of the three victims, Brandy Vickers, Michelle Aucoin, and Jennifer Leger. The evidence presented at the Defendant's trial indicates that Kenneth Vickers, Jr., (hereinafter referred to as Kenneth) and his wife Brandy separated approximately a month prior to her murder and she remained in the marital home. While married, the family lived in a trailer behind Kenneth's father's home in Cypress Creek in Evangeline Parish. After Kenneth and Brandy separated, Brandy obtained a restraining order preventing Kenneth from going near her and their three children. Brandy and her friend, Michelle Aucoin, testified against Kenneth at the hearing to secure the order. Kenneth testified he did not see Jennifer Leger in the courtroom on the day of the proceeding in the domestic case, but Sergeant Frank Gautreaux1 testified he saw her "downstairs" with Michelle and Brandy. Kenneth testified he was depressed and suicidal and he talked to the Defendant about his troubles.
The other two victims, Michelle Aucoin and Jennifer Leger, had each been involved with the Defendant at different times. The Defendant first lived with Michelle Aucoin, and they had a son, Ryan, together. According to the Defendant's testimony, there were no issues concerning child support he paid to Michelle. This was corroborated to some degree by Janice Savoy, a support enforcement officer. According to Ms. Savoy, Michelle applied for assistance from the child support office. The Defendant had been ordered to pay $229.00 per month commencing August 15, 1992 for support of Ryan. The following August, Defendant was in arrears $415.00 and was placed on probation after being found in contempt of court. The Defendant was ordered to make monthly payments on the arrearage in September of 1993. In December of 2000, the file was closed because Michelle and the Defendant resumed living together. At the time of the file's closure, the Defendant was ahead in his payments by $84.80. There was no subsequent request to reopen the file.
According to Mary Griffith, Michelle's mother, Michelle and the Defendant last lived together approximately one and one-half years before Michelle's death. When they broke up, Ryan stayed with his mother. For the five or six weeks just prior to Michelle's death, she lived with Brandy Vickers. Mrs. Griffith testified she had no personal knowledge of any violent incidents between the Defendant and her daughter.
After the Defendant's breakup with Michelle, he married Jennifer Leger and they had one child, Anna. The Defendant and Jennifer's marriage did not last, and upon their separation, the Defendant had visitation with Anna every other weekend. Jerry Samples, Jennifer's father, testified that he did not observe any physical violence between the Defendant and Jennifer during their marriage; however, their separation involved a "constant struggle between the two." Mr. Samples testified that Kenneth and Jennifer got along well.
Angela Briley, the intake officer for Evangeline Parish Support Enforcement, testified that as part of the judgment of divorce, the Defendant was ordered to pay $400.00 per month in child support for Anna and he was ordered to pay an additional $150.00 per month on his arrearage of $4,100.00. Records kept by Jennifer indicated that as of March 4, 2002, the Defendant owed $6,075.00 in back-due support. Ms. Briley testified that Jennifer executed an affidavit reflecting this, and she additionally signed a statement indicating she was willing to accept the $400.00 monthly payment as well as $150.00 per month for back-due support. Jennifer requested the State to assume collection of both monthly payments from the Defendant. A court date on the matter was scheduled for May 9, 2002, the day following Jennifer's death.
On March 21, 2002, Ms. Briley met with the Defendant. Although he agreed to the State taking...
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