State v. Peoples

• Court: Kansas Supreme Court
• Writing for the Court: SCHROEDER
• Citation: State v. Peoples, 605 P.2d 135, 227 Kan. 127 (Kan. 1980)
• Decision Date: 19 January 1980
• Docket Number: No. 50714,50714
• Parties: STATE of Kansas, Appellee, v. Ronald A. PEOPLES, Appellant.

Page 135

605 P.2d 135

227 Kan. 127

STATE of Kansas, Appellee, v. Ronald A. PEOPLES, Appellant.

No. 50714.

Supreme Court of Kansas.

Jan. 19, 1980.

Syllabus by the Court

1. Bite-mark identification by an expert witness is sufficiently reliable and can be a valuable aid to a jury in understanding and interpreting evidence in a criminal case. When the witness has the requisite skill and experience, and demonstrates the accuracy and reliability of his models, photographs, X-rays and supporting exhibits in bite-mark identification, the trial court in the exercise of its power of discretion may properly admit the opinion testimony of the expert witness.

2. In a criminal action where the defendant contends the evidence at trial was insufficient to sustain a conviction, the standard of review on appeal is: Does the evidence when viewed in the light most favorable to the prosecution convince the appellate court that a rational fact finder could have found the defendant guilty beyond a reasonable doubt?

3. In an appeal from a conviction of felony murder, aggravated kidnapping, and rape, the record is examined and it is Held : The trial court did not err: (1) in the admission of evidence; and (2) in giving instructions to the jury. Further, it is held that the verdict is supported by the evidence.

James W. Wilson, Wichita, argued the cause and was on the brief for appellant.

Roger C. Skinner, Asst. Dist. Atty., argued the cause, and Robert T. Stephan, Atty. Gen., and Vern Miller, Dist. Atty., were with him on the brief for appellee.

SCHROEDER, Chief Justice:

This is an appeal in a criminal action from a jury verdict which found Ronald A. Peoples (defendant-appellant) guilty of felony murder (K.S.A. 21-3401), aggravated kidnapping (K.S.A. 21-3421), and rape (K.S.A. 21-3502). The appellant asserts several errors on appeal.

On September 14, 1977, the appellant and Richard Reck spent the evening together drinking beer. They began drinking at Reck's apartment shortly after Reck got off work at 8 o'clock; they went to a local tavern about 9 o'clock.

Reck shared the apartment, No. 414, at 1845 S. Hydraulic, Wichita, with his girl friend Carla Perkins. During the course of the evening Reck mentioned to the appellant that he and Carla were breaking up and she was moving out by the end of the month. The appellant told Reck that he would take over where Reck left off; Reck told the appellant to stay away from Carla because she did not like him.

While the two men drank several beers at the tavern, the appellant suggested he could find a female companion with whom they could have sexual relations. The appellant called the woman and the two men picked her up. After purchasing more beer the trio proceeded to Wichita Pump and Insulation Company, Reck's place of employment. The appellant and the female companion engaged in sexual intercourse in one part of the building while Reck drank beer and did paper work at his desk. They left around 12:30 a. m. and returned to the parking lot outside Reck's apartment. Upon arriving at the apartment complex, the woman and Reck exited the appellant's car and entered Reck's car. The appellant was driving a light-colored 1966 Ford station wagon. Reck and the woman watched the appellant drive north away from the apartment; they estimated this occurred between 12:30 and 1:00 a. m. Reck remained with the woman, going to her house, then returning to Wichita Pump and Insulation Company, and finally taking her to work at a donut shop around 2:15 a. m. Reck then returned to his apartment.

Meanwhile, about 1:00 a. m. Michael Cote arrived home after work. Cote and his wife lived in apartment No. 413, directly below the apartment shared by Reck and Carla Perkins. Shortly after entering his apartment Cote heard someone walk up the stairs outside his apartment and knock on the door of Reck's apartment. Cote heard someone walk to the door and open it. Cote then heard a muffled scream, the door slam shut, and "a bunch of noises." Cote heard pounding on the floor and sounds of things being moved or shoved around. The sound continued for about ten minutes, then stopped for about five minutes, then started again. Cote was about to call the police when the noise stopped again and he heard the door of Reck's apartment open. Cote looked out his apartment window, which provided a shadowy view of the stairs descending from the above apartment. Cote saw a person take two steps on the stairs, and observed a pair of arms dangling beside the legs of the person walking down the stairs. He knew someone was being carried down the stairs. Cote testified that the person whose legs he saw was wearing pointed-toe black boots and dark gray slacks. While Cote was looking out the window his wife called the police. Cote talked to the police for about two minutes and returned to the window. On the parking lot he observed the lights go on, then off, in a light-colored station wagon. He saw only the back half of the car, but noticed it had vertical tail lights. He observed the car back out of the parking lot and drive south. Cote testified the car was the same as the one depicted in photographs at trial the appellant's car. Cote estimated all of this occurred between 1:00 and 1:30 a. m.

At approximately 2:30 a. m. Reck returned to the apartment and immediately noticed something was unusual. The lights were on, Carla's panties were by the T.V., the couch had a broken leg, a lamp was tipped over, and cards were on the floor. When he had left earlier that evening the apartment was neat, clean, and orderly, and the lights were turned off. He stepped outside the apartment and was confronted by the police. Reck denied any knowledge of what had occurred and voluntarily gave statements to the police.

On his way to work at 5:30 a. m. September 15, 1977, Leo Engels discovered Carla Perkins' nude body lying on the side of a county road. Engels determined that Carla was still alive and immediately sought police and ambulance assistance. Carla was taken to a hospital where she remained comatose for six days until her death on September 21, 1977.

The Wichita police gathered evidence at the scene where Carla was found. A lab investigator took photographs and plaster casts of a tire track that appeared to run across Carla's chest and lower neck. The police collected dirt samples from the tire track area and from a grassy area adjacent to the road. At the hospital, hairs were removed from Carla's head and a modified rape kit examination was performed. Photographs were taken of Carla's body, showing tire tracks on her chest and neck, and bite marks on her left breast.

The appellant was arrested the same morning Carla was found. A police investigator removed hair and dirt samples from the interior of the appellant's car; the tires were also removed from the car. The appellant's clothing was taken from him that morning; hair samples were removed from his shirt. Pursuant to court order, dental casts were made of the appellant's teeth.

At trial, both the appellant and the State presented comparison evidence and expert testimony on the tire tracks, hair samples, rape examination, dirt samples, the appellant's clothing and dental impressions, and the bite marks on Carla's breast. This evidence will be further examined later in the opinion.

The jury heard testimony from all the persons involved the night in question, except the appellant and Carla Perkins. The State also presented testimony of Richard Jones, a young man who knew the appellant in junior high school and shared a jail cell with the appellant after the arrest on September 15, 1977. Jones testified that he and the appellant had conversations when they shared jail cells. During one of the conversations the appellant stated that he raped Carla Perkins, knocked her out of the car, and then ran over her. In later conversations the appellant expressed concern that Carla was in critical condition and could die; he didn't want to be charged with murder.

The jury returned guilty verdicts on felony murder, aggravated kidnapping, and rape. Appeal was duly perfected.

The appellant complains concerning the admission of opinion evidence of Dr. Thomas Krauss, a forensic odontologist. The appellant argues that bite-mark identification is a fledgling area of expertise which lacks reliability and the trial court erred in admitting the evidence.

The admissibility of expert testimony on bite-mark identification is a matter of first impression in Kansas. The requisites for admission of expert testimony were discussed in Plains Transp. of Kan., Inc. v. King, 224 Kan. 17, 21, 578 P.2d 1095, 1099 (1978), wherein this court stated:

"The purpose of an expert witness is to aid the jury in the interpretation of technical facts or to assist in understanding the material in evidence. (Staudinger v. Sooner Pipe & Supply Corporation, 208 Kan. 100, 105, 490 P.2d 619 (1971).) The witness must have skill or experience in the business or profession to which the subject relates. He must be qualified to impart knowledge within the scope of his special skill and experience that is otherwise unavailable to the jury. (State v. McClain, 216 Kan. 602, 606, 533 P.2d 1277 (1975); Grohusky v. Atlas Assurance Co., 195 Kan. 626, 630, 408 P.2d 697 (1965).)

"The introduction of opinion or expert testimony is controlled by K.S.A. 60-456. An expert must base his testimony upon facts personally perceived by or known to him or made known to him at the hearing. 'Perceived' means knowledge acquired through one's own senses. (K.S.A. 60-459(C ).) 'Made known' refers to facts put into evidence. (Ziegler v. Crofoot, 213 Kan. 480, 484, 516 P.2d 954 (1973); Trimble, Administrator v. Coleman Co., Inc., 200 Kan. 350, 356, 437 P.2d 219 (1968); Casey v. Phillips Pipeline Co., 199 Kan. 538, 546, 431 P.2d 518 (1967).) The qualifications of an expert witness and the admissibility of his testimony are within the sound discretion of the...