State v. Leisure, Nos. 53836

• Decision Date: 23 April 1991
• Docket Number: 57841,Nos. 53836
• Citation: 810 S.W.2d 560
• Parties: STATE of Missouri, Plaintiff-Respondent, v. Anthony LEISURE, Defendant-Appellant. Anthony LEISURE, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.
• Court: Missouri Court of Appeals

Page 560

810 S.W.2d 560

STATE of Missouri, Plaintiff-Respondent, v. Anthony LEISURE, Defendant-Appellant.

Anthony LEISURE, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Nos. 53836, 57841.

Missouri Court of Appeals,

Eastern District,

Division Three.

April 23, 1991.

Motion for Rehearing and/or Transfer to Supreme Court

Denied May 22, 1991.

Application to Transfer Denied July 23, 1991.

James S. McKay, David C. Hemingway, St. Louis, for defendant-appellant.

William L. Webster, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

STEPHAN, Judge.

Anthony Leisure ("Anthony") appeals from his conviction, after a nine day jury trial, on one count of murder in the first degree, Section 565.001, RSMo 1978 (repealed 1984), in the death of James Anthony Michaels, Sr. Additionally, Anthony appeals the dismissal of his Rule 29.15 motion for post-conviction relief. We have consolidated Anthony's two appeals, pursuant to Rule 29.15(l ). We affirm. ¹

At the outset, we note that the victim was the head of an organized crime entity described as being composed of persons of Syrian or Lebanese ancestry. The State's theory of the case was that Anthony wanted to maintain control of Local 110 of the Laborer's International Union of North America ("Local 110") against incursions by victim and the "Italians", while taking over the leadership of the Syrian organized crime faction. The evidence adduced in the light most favorable to the verdict is as follows. In 1966, Anthony began working as a laborer for Local 110. He worked in this capacity until 1970, when he was appointed as a union organizer. In 1973 or 1974, Anthony became a business agent for Local 110. Though technically these were the job titles Anthony held, there is evidence that he was no more than a chauffeur and bodyguard for Raymond Massud ("Raymond"), the business manager at Local 110.

Raymond promised Anthony that Anthony would succeed him as the business manager at Local 110. However, in 1977, while Raymond was in the hospital with a terminal illness, Raymond called his son, John Massud, and Anthony to his bedside. Raymond told Anthony that he had a change of heart. Raymond proposed to make Anthony assistant business manager, with John Massud serving as business manager. Under this arrangement, ("the arrangement") Anthony was to control the hiring and firing, while John Massud was to take care of the office affairs.

Raymond died on June 30, 1977. That same day, the appointments of John Massud as business manager and Anthony as assistant business manager were confirmed by Local 110's executive board. Shortly after Raymond's death, Anthony's brother John Paul Leisure ("John Paul") and Fred Prater ("Prater") contacted an associate named Ronald Joseph Broderick ("Broderick"), and asked him to join Local 110 to help Anthony out if he got into trouble. Broderick ultimately agreed, and Anthony appointed him union organizer in July of 1977.

In 1978, John Massud began violating the arrangement. John Massud hired Vince Giordano ("Vince") as a business agent in January, 1978. When Anthony approached John Massud to inquire about Vince's hiring, John Massud explained that he hired Vince as a favor to Vince's uncle, Anthony Giordano, the reputed head of an organized crime group in St. Louis referred to as the "Italians". On May 11, 1979, another nephew of Anthony Giordano, Michael Trupiano, became president of Local 110. Thereafter, John Massud hired his own son. Finally, John Massud hired James Anthony Michaels, III.

After this last appointment, Anthony held a meeting at his home in Hillsboro, Missouri. The attendants were Anthony, John Paul, Anthony and John Paul's cousin: David Leisure ("David"), Broderick, Prater, John Ramo ("Ramo") and Charles "Obie" Loewe ("Loewe"). The discussion centered around whether the group should kill John Massud for violating the arrangement. A vote was taken on this issue, however, the group decided not to kill John Massud. The group felt that since John Massud was related to Gene Slay, they might lose Gene Slay's money and political powers. Moreover, John Paul felt that John Massud and Michael Trupiano were so close that by killing John Massud, they might start a war with the "Italians".

Later in 1980, John Massud indicated that the union payroll was too high and that he planned to fire Broderick, the only business agent Anthony appointed. The group, with the exception of Loewe, held a second meeting at LN & P, Incorporated, a tire service, towing service and tractor leasing operation owned by Anthony, John Paul, David and Prater. The group discussed plans to kill somebody, to prevent Broderick from losing his job. Although the group discussed many potential targets, the group decided to kill James Anthony Michaels, Sr.

Initially, the group planned to shoot him at Spic's Restaurant, his favorite breakfast establishment. Eventually, due to problems in carrying out the plan, the group discarded it. A second plan evolved whereby victim would be car bombed.

Prater constructed a remote control bomb using a device designed to remotely pilot model airplanes. Thereafter, Prater, Ramo, Broderick and Anthony tested the unit, using a practice light on the device to signal when it was triggered. On September 4, 1980, David and Ramo stole a 1979 Chrysler Cordoba, which matched the make and model of victim's vehicle, in order to practice planting the bomb. At the same time, Anthony and others followed victim.

On September 17, 1980, Loewe drove Ramo to a National Supermarket, where they met Anthony and Broderick. Anthony Ramo and Broderick got in Broderick's son's van. The three subsequently met up with David.

Thereafter, the group of four drove to LN & P and picked up the bomb. The four then drove to St. Raymond's church. There, they saw victim's Chrysler Cordoba. When a space opened up next to victim's vehicle, Broderick parked the van. David thereafter got out of the van and planted the bomb under victim's car. When David returned to the van, the four, with Ramo at the wheel, drove out of St. Raymond's parking lot and parked on the street. During this time, Loewe patrolled the area in a radio-equipped tow truck, to watch for police. John Paul additionally monitored the radio in the LN & P office, so he could radio Loewe if anything happened.

When victim exited St. Raymond's, the four discussed killing victim right there in the church parking lot. However, the group abandoned that idea. Victim then drove away, followed by the van. A short distance from the church, Anthony triggered the remote control device, but the bomb did not go off. The four continued to follow victim as he drove south on Interstate 55, in St. Louis County. As victim approached the exit he regularly took to his home, his car exploded, killing victim.

After the bombing, the four drove to Illinois and back to Missouri, taking a number of measures to remove traces of the explosion from themselves and the van. Anthony, John Paul, David, Ramo, Broderick and Prater subsequently attended victim's wake, as a show of power. At some point, Francis Michaels, victim's brother and a member of Local 110, approached John Paul Leisure and told him that if anybody wanted his (Michaels') job, all they had to do was ask.

Joe Giordano ("Joe"), Vince's father, also approached John Paul. Joe said he wanted Vince to keep his job with the union. John Paul told Joe that Vince did not have to worry about his job.

Additionally, John Paul met with John Vitale, who succeeded Anthony Giordano as the head of the "Italians", following Giordano's death in the summer of 1980. John Paul told Vitale that Local 110 would remain a Syrian union. He also indicated that he would handle all of the Syrian business in town, and Vitale could take care of the "Italian" matters.

After victim's death, Anthony fired James Anthony Michaels, III. Francis Michaels was also forced out of the union.

Anthony was charged by indictment on May 22, 1985, with two counts of capital murder, Section 565.001, RSMo 1978, and two counts of assault in the first degree, Section 558.011.1(1), RSMo 1978. A subsequent information, in lieu of the indictment, was filed on December 30, 1986. Both the indictment and the substitute information named additional co-defendants in the murders and assaults as charged. The court subsequently ordered: (1) that the defendants all be severed for separate trials; and (2) that the counts against Anthony be severed with the result that Anthony's role in victim's murder be tried alone.

At trial, Anthony and two other witnesses testified that Anthony did not participate in the murder, but was elsewhere at the time. The jury subsequently found Anthony guilty of capital murder. The court held a separate hearing on punishment, during which time both the State and Anthony presented additional evidence. The jury returned a sentence of life imprisonment without the possibility of parole for fifty years.

On October 2, 1987, Anthony filed his notice of appeal. On June 27, 1988, Anthony filed his pro se motion for post-conviction relief, pursuant to Rule 29.15. In an order dated September 8, 1988, the trial court appointed the Public Defender's Office of the City of St. Louis to represent Anthony in his post-conviction effort. On September 15, 1988, the Public Defender's Office made a pro se determination that it could not handle Anthony's post-conviction efforts due to a conflict of interest. It therefore reassigned Anthony's case to the Special Public Defender's Office. In a letter dated September 22, 1988, the Special Public Defender's Office requested that the State Public Defender's Office in Columbia, Missouri handle Anthony's post-conviction relief due to a conflict of interest. On September 30, 1988, the Special Public Defender's Office received official notification from the State Public Defender's informing the Special Public Defender's Office...