State v. Patton
| Citation | 930 P.2d 635,280 Mont. 278 |
| Decision Date | 17 December 1996 |
| Docket Number | No. 95-535,95-535 |
| Parties | STATE of Montana, Plaintiff and Respondent, v. William R. PATTON, Defendant and Appellant. |
| Court | United States State Supreme Court of Montana |
Wendy Holton, Attorney at Law, Joseph R. Massman, Massman Law Firm, Helena, for Defendant and Appellant.
Joseph P. Mazurek, Attorney General, John Paulson, Assistant Attorney General, Helena, Valerie D. Wilson, Jefferson County Attorney, Boulder, for Plaintiff and Respondent.
The defendant, William R. Patton, was charged by information, filed in the District Court for the Fifth Judicial District in Jefferson County, with the offense of deliberate homicide, in violation of § 45-5-102, MCA. Following a trial by jury, Patton was convicted of the crime with which he was charged. He appeals the judgment of the District Court. We affirm the District Court.
The issues on appeal are:
1. Did the State suppress exculpatory evidence and thereby deny Patton his right to a fair trial?
2. Did the District Court err when it instructed the jury?
William R. Patton was charged with the offense of deliberate homicide, in violation of § 45-5-102, MCA. The information alleged that on June 12, 1994, in Boulder, Montana, Patton caused the death of Aubrey "Sonny" Bradley when he stabbed him with a knife. Patton entered a plea of not guilty.
Prior to the trial, a private investigator by the name of Albert "Turtle" Johnson was appointed to assist Patton with the preparation of his defense. During his investigation, he determined that Bradley was romantically involved with Cheryl Dupuis. He also learned that, in the past, Dupuis' ex-husband, William Hagman, had assaulted both her and her boyfriend. On that basis, he concluded that Hagman should be a suspect in Bradley's homicide.
Johnson contacted Agent Ward McKay, an investigator with the Montana Department of Justice Criminal Investigation Bureau, and informed him of his suspicions and conclusions.
Agent McKay was familiar with the case and agreed to investigate the possibility that Hagman committed the homicide. He traveled to Butte and interviewed Hagman. Hagman admitted that he knew Bradley and that, on June 12, 1994, he went to Boulder to watch Dupuis. However, he stated that he did not visit the O-Z Motel, and he denied any involvement with Bradley's homicide. The forty-two minute interview was transcribed, and a copy was issued to Patton.
Agent McKay subsequently continued his investigation of Hagman, and interviewed Dupuis and other witnesses. None of the witnesses at the motel had seen Hagman at or near the time and place of the homicide. He also obtained Hagman's fingerprints, and sent them to the state crime lab. The lab reported that Hagman's fingerprints were not on any of the items recovered from the crime scene.
Ultimately, Agent McKay concluded that he had no evidence, witnesses, or information, other than Johnson's theory, to connect Hagman to Bradley's homicide. The State, therefore, dropped its investigation of Hagman, and continued to pursue a conviction of Patton.
Patton received a copy of Agent McKay's report and unsuccessfully attempted to interview Hagman. One week prior to trial, Patton obtained a court order for Hagman's Trial by jury commenced on May 8, 1995. The State presented evidence and testimony to show that, on the morning of June 12, 1994, Bradley drove from Butte to Boulder. At some point, he stopped and picked up Patton, who was hitchhiking north on Interstate 15. Upon their arrival in Boulder, they consumed food and drinks at Phil and Tim's Restaurant, and then went across the street to their room at the O-Z Motel.
deposition and hired a private process server to serve him with the order. However, the attempt to serve Hagman was unsuccessful, and despite the assistance of the sheriff's office, he could not be located before the trial.
The next morning, Cheryl Dupuis went to the front desk of the O-Z Motel, and asked for Bradley. Debbie Kipp, who worked at the motel, escorted her to his room. They checked the room, and discovered Bradley's body on the floor between two beds.
The police determined that Bradley had been stabbed eight times with a knife. His pockets were turned inside out, and his empty wallet was found in the trash-can. On top of the mattress was an empty beer can which contained Patton's fingerprints, and underneath one of the beds was a bloody t-shirt. The police also found Patton's razor and hair samples in the bathroom.
Later that afternoon, a deputy sheriff spotted Patton near the highway three miles south of Boulder. When Patton saw the officer, he grabbed his black bag, and fled up a ravine. He was not apprehended at that time.
Three days later, on June 15, 1994, a highway patrol officer found Patton hitchhiking on the interstate south of Boulder. When the officer approached him, he turned around, dropped his black bag, and raised his hands over his head. When questioned, he told the officer that his name was "Beau Justice." Additionally, his pants were stained with Bradley's blood.
At the trial, Debbie Kipp and Dan Gosselin, the owner of the motel, testified that, on the night of June 12, 1994, Patton told them that he and Bradley had an argument, and that he had been locked out of their room. Gosselin further testified that Patton wore a buck-knife sheath on his belt.
Michael Mix worked at the front desk of the motel on June 12, 1994. He testified that Patton told him that he and Bradley had an argument about the television, but that their disagreement had been resolved. He also testified that Patton wore a buck-knife sheath on his belt, and that there was a large red stain on the front of Patton's shirt.
Patton testified on his own behalf. He claimed that on the night of June 12, 1994, he fell asleep in the motel room. When he awoke the next morning, he found Bradley dead on the floor. He pulled his pants out from under Bradley's body, dressed himself, packed his things, and left.
At the close of all the evidence, the District Court instructed the jury. Relevant to this appeal are the following jury instructions:
To convict the defendant of Deliberate Homicide ... the State must prove the following elements:
1. That the defendant caused the death of Aubrey Bradley ... and
2. That the defendant acted purposely or knowingly.
If you find from your consideration of the evidence that all of these elements have been proved beyond a reasonable doubt, then you should find the defendant guilty.
If, on the other hand, you find ... that any of these elements has not been proved beyond a reasonable doubt then you should find the defendant not guilty.
A material element of every offense is a voluntary act, which includes an omission....
A person acts purposely when it is his conscious object to engage in conduct of that nature or to cause such a result.
If you are satisfied that the crime charged in the information has been committed by someone, then you may take into consideration any testimony showing, or tending to show, concealment by the defendant. This testimony may be considered by the jury as a circumstance tending to prove a consciousness of guilt, but is not sufficient of itself to prove guilt. The weight to be given such circumstance and significance if any, to be attached to it, are matters for the jury to determine.
If you are satisfied that the crime charged in the information has been committed by someone, then you may take into consideration any testimony showing, or tending to show, flight by the defendant. This testimony may be considered by the jury as a circumstance tending to prove a consciousness of guilt, but is not sufficient of itself to prove guilt. The weight to be given such circumstance and significance if any, to be attached to it, are matters for the jury to determine.
The jury returned a guilty verdict, and the District Court ordered a presentence investigation. At the sentencing hearing, the District Court sentenced Patton to a term of seventy-five years at the state prison, and determined that he will not be eligible for parole until he has served twenty-five years of his sentence.
Did the State suppress exculpatory evidence and, thereby, deny Patton his right to a fair trial?
On appeal, Patton contends that the State suppressed exculpatory evidence by the manner in which it conducted its investigation of William Hagman. He maintains that it was readily apparent that Hagman was a viable suspect in the homicide, and that the defense needed Hagman for its investigation. Therefore, he asserts that the State suppressed exculpatory evidence when it failed to "preserve" Hagman as a witness, and that, as a result, he was denied his right to due process and a fair trial.
The State points out that Patton did not raise his due process claim in the District Court before, during, or after the trial. He did not ask the District Court for any relief, nor did he make any objection with regard to his inability to secure Hagman's presence for a deposition or testimony at trial.
We have consistently held that "[t]his Court will not consider issues raised for the first time on appeal when the appellant had the opportunity to make an objection at the trial level." State v. Weeks (1995), 270 Mont. 63, 86, 891 P.2d 477, 491. The contemporaneous objection rule at § 46-20-104, MCA, and the limitations set forth at § 46-20-701, MCA, preclude appellate consideration of alleged errors unless a timely objection was made at trial, or unless certain statutory criteria are met. Patton does not assert that he made a timely objection, nor does he contend that this claim falls within one of the narrow statutory exceptions found at § 46-20-701, MCA.
Therefore, review of Patton's due process claim by this Court can only be...
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