State v. Pierson

• Decision Date: 31 May 1996
• Docket Number: No. 95-0670,95-0670
• Citation: 554 N.W.2d 555
• Parties: STATE of Iowa, Plaintiff-Appellee, v. Bennie PIERSON, Jr., Defendant-Appellant.
• Court: Iowa Court of Appeals

Page 555

554 N.W.2d 555

STATE of Iowa, Plaintiff-Appellee, v. Bennie PIERSON, Jr., Defendant-Appellant.

No. 95-0670.

Court of Appeals of Iowa.

May 31, 1996.

Maggi Moss of Parrish, Kruidenier, Moss, Dunn, Montgomery & Thomas, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, Denver D. Dillard, County Attorney, and Harold Denton, Assistant County Attorney, for appellee.

Heard by HABHAB, P.J., HUITINK, J., and McCARTNEY, Senior Judge. ^*

HABHAB, Presiding Justice.

Bennie Pierson, Jr., was charged with the murder of Michael Heiderscheit. Heiderscheit had died from severe blows to the head and was found at the Roller Dam in Cedar Rapids.

At Pierson's jury trial, the State presented the following evidence. On September 15, Pierson came across his long-time acquaintance, Heiderscheit, at the Taco Kid restaurant in Cedar Rapids. Heiderscheit was an employee at Taco Kid and was there picking up his paycheck. Pierson accompanied Heiderscheit to the Hy-Vee grocery store near Lindale Mall on Collins Road where Heiderscheit cashed his paycheck and the men bought some beer. From the Hy-Vee, the men went to Heiderscheit's apartment where they met Lawrence Duenas and Duenas' daughter. After drinking beer and talking with Duenas, Pierson and Heiderscheit left Heiderscheit's apartment to go to several bars.

The last bar they visited was Bully's on F Avenue in Cedar Rapids. Heiderscheit paid for all the drinks with his paycheck money. Heiderscheit had a Cedar Rapids Gazette newspaper route to deliver the following morning, so Pierson left Bully's to give Heiderscheit a ride home. The State presented testimony of a patron at Bully's that Pierson stated, before leaving Bully's, he was going to take Heiderscheit to the Roller Dam and beat him up. Pierson returned to Bully's later that same night. The State also presented evidence that, on his return to Bully's, Pierson had a small amount of blood on his hand, he was showing off a wallet and a wad of money, and he told two friends he hit Heiderscheit.

On September 17, Pierson went to the police station to volunteer information about Heiderscheit. ¹ Pierson talked to Officer Mark Andries and stated he had overheard two males at Bully's say they intended to take Heiderscheit to the Roller Dam, rob him, and kill him. At that time, the murder had not yet been discovered. Officer Andries thanked Pierson for his information and sent Pierson home.

Heiderscheit's body was found at the Roller Dam by Leon Martin and his son on September 18. Heiderscheit had been badly beaten and died of massive head injuries. Detective Richard Hamblin was assigned to help investigate the crime. Detective Hamblin was told Pierson might have some information since he was one of the last people to see Heiderscheit. Detective Hamblin went to Pierson's home to talk to him and did not find him there. On his arrival back at the police station, Detective Hamblin was told Pierson was at the police station and wanted to talk. Detective Hamblin told Pierson he was investigating Heiderscheit's disappearance and he understood Pierson had some information which might be of help. Around 5:30 or 5:45 p.m., Detective Hamblin took Pierson to an interview room to begin the interview.

Pierson told Detective Hamblin about meeting Heiderscheit at Taco Kid, going to Hy-Vee, drinking at Heiderscheit's apartment, and then going to bars including Bully's. Pierson then told the detective he dropped Heiderscheit off at his apartment and proceeded to a Texaco gas station on the southwest side of Cedar Rapids near Hawkeye Downs. From the Texaco station, Pierson then went to Checker's, another bar in Cedar Rapids. While at Checker's, Pierson became sick and vomited in the bathroom. Pierson told Detective Hamblin this was unusual because he never got sick while drinking beer. Pierson said he got sick because his insides were turning over because he knew he had done something bad. Pierson also related his whereabouts after the night of September 15.

At about 8:30 p.m., Detective Hamblin spoke with colleagues and concluded Pierson was a murder suspect. Pierson was then given a Miranda warning and signed a Miranda waiver form. Pierson was then interviewed until approximately 1:45 a.m. Pierson signed a statement relating his story of the events which occurred on the night of September 15. The statement included the following:

I took Mike home and then about that time everything went blank. In my head, I remember hitting him in the face but don't remember anything else until I was at the Texaco station by Hawkeye Downs. I got a quart of beer that I left in my car and did not drink it and then I went to Checker's but I felt bad and went to the bathroom and threw up.

In the statement, Pierson stated he woke up the next morning still feeling like he had done something wrong, but he did not know what it was.

Pierson was found guilty of second-degree murder and sentenced to a fifty-year prison term.

Pierson appeals.

I. Sufficiency of the Evidence. Pierson contends there was insufficient evidence to convict him of second-degree murder. The standard of review is for errors at law. State v. Phams, 342 N.W.2d 792, 795 (Iowa 1983).

A jury's guilty verdict is binding upon us unless we conclude the record lacks substantial evidence to support such a finding. State v. Bush, 518 N.W.2d 778, 779 (Iowa 1994). Substantial evidence means such evidence as could convince a rational trier of fact the defendant is guilty of the crime charged beyond a reasonable doubt. State v. Taft, 506 N.W.2d 757, 762 (Iowa 1993). Substantial evidence does not, however, denote some elevated quantity of proof. State v. Anderson, 517 N.W.2d 208, 211 (Iowa 1994). Rather, the relevant question in our review of the case "is whether, after viewing all the evidence in the light most favorable to the prosecution, any rational trier of facts could have found the essential elements of the crime beyond a reasonable doubt." Id.

The evidence is viewed in the light most favorable to the State, including legitimate inferences and presumptions which may fairly and reasonably be deduced from the record. State v. Bass, 349 N.W.2d 498, 500 (Iowa 1984). Circumstantial evidence is just as probative as direct evidence. State v. Parrish, 502 N.W.2d 1, 3 (Iowa 1993); State v. Garr, 461 N.W.2d 171, 173 (Iowa 1990). We consider all the evidence at trial, not just the evidence that supports the verdict. State v. Liggins, 524 N.W.2d 181, 186 (Iowa 1994). A verdict is binding unless the finding is clearly against the weight of the evidence. State v. Schrier, 300 N.W.2d 305, 306 (Iowa 1981).

In finding Pierson guilty of second-degree murder, the jury found the State satisfied the following elements:

(1) On or about the 15th day of September, 1994, the defendant struck Michael Heiderscheit on the head.

(2) Michael Heiderscheit died as a result of being struck on the head.

(3) Defendant acted with malice aforethought.

Iowa Code §§ 707.1, 707.3 (1993). Pierson argues the State's case relied heavily on the testimony given by Jason Bartels and Robert Gandy and these witnesses gave inconsistent and contradictory testimony. Pierson contends Bartels' and Gandy's testimony would not be given any weight by any reasonable-minded juror and without this testimony there was insufficient evidence to find Pierson guilty. Pierson also challenges the sufficiency of the evidence based on the failure of the State to show defendant carried any significant blood stains following the beating of Heiderscheit, despite blood being splattered at the scene of the crime.

The jury is in the best position to assess credibility. State v. Knox, 536 N.W.2d 735, 742 (Iowa 1995); State v. Hulbert, 481 N.W.2d 329, 332 (Iowa 1992). It is the jury's duty to sort out the credibility of witnesses and place credibility where it belongs. State v. Schertz, 328 N.W.2d 320, 322 (Iowa 1982); State v. McCullough, 226 N.W.2d 216, 217 (Iowa 1975); State v. Hawkins, 519 N.W.2d 103, 104 (Iowa App.1994); State v. Trammell, 458 N.W.2d 862, 863 (Iowa App.1990). The jury may believe or disbelieve the testimony of witnesses as it chooses. State v. Blair, 347 N.W.2d 416, 421 (Iowa 1984); Hawkins, 519 N.W.2d at 104. It is the jury's duty to assign the evidence presented whatever weight it deemed proper. Knox, 536 N.W.2d at 742; State v. Simpson, 528 N.W.2d 627, 632 (Iowa 1995); Liggins, 524 N.W.2d at 186.

We do not agree the testimony of Bartels and Gandy was totally discredited by the defense in cross-examination. While they did have trouble remembering certain aspects of the night in question, they gave testimony a finder of fact could find credible regarding what Pierson said and did at Bully's on the night of September 15. Further, as we view the evidence, there are reasonable inferences which allow the finder of fact to find Pierson guilty regardless of the amount of evidence the State presented concerning blood found on Pierson. We find there was substantial evidence to support Pierson's conviction of second-degree murder.

II. Motion to Suppress. Pierson contends the district court erred in denying his motion to suppress the statement he signed at the police station at the conclusion of the interview with Detective Hamblin. Pierson argues his Miranda rights were violated and his confession was involuntary. A claim involving a constitutional right requires us to make an independent evaluation of the totality of the relevant circumstances to determine if such an error was made. Rinehart v. State, 234 N.W.2d 649, 658 (Iowa 1975).

The Fifth and Fourteenth Amendments protect a person's right against self-incrimination. Malloy v. Hogan, 378 U.S. 1, 3, 84 S.Ct. 1489, 1492, 12 L.Ed.2d 653, 658 (1964). Since Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), we have a dual test in determining the admissibility of inculpatory statements by a criminal defendant. State...