State v. Pietrzak

• Decision Date: 12 March 2002
• Docket Number: No. 19694-1-III.,19694-1-III.
• Court: Washington Court of Appeals
• Parties: STATE of Washington, Respondent, v. Stanley Leonard PIETRZAK, Appellant.

41 P.3d 1240

110 Wash. App. 670

STATE of Washington, Respondent, v. Stanley Leonard PIETRZAK, Appellant.

No. 19694-1-III.

Court of Appeals of Washington, Division 3, Panel Three.

March 12, 2002.

David N. Gasch, Spokane, for Appellant.

Kevin M. Korsmo, Deputy Prosecuting Attorney, Spokane, for Respondent.

OPINION PUBLISHED IN PART

BROWN, A.C.J.

After his conviction in a newsworthy trial for first degree murder, Stanley L. Pietrzak, received an exceptional sentence. In the published part of this opinion, we hold for the first time that a defendant's pre-crime statements can corroborate post-crime statements for purposes of establishing corpus delicti. On that basis and others discussed in the unpublished portion of this opinion, we affirm.

FACTS

Kelly Conway, a developmentally disabled resident in the same apartment building as Mr. Pietrzak, disappeared in November 1998. In April 1999, acting on a tip, police searched the building's basement and found a piece of her scalp with attached hair hanging from a gas line and her bones inside the firebox of an old furnace. In August 1999, Mr. Pietrzak was charged with Ms. Conway's first degree murder.

In January 2000, Mr. Pietrzak moved to close the evidence suppression hearings. The State and a local newspaper reporter opposed closure. The trial court reasoned less restrictive alternatives to closure could be employed to balance the public's First Amendment right to press coverage and Mr. Pietrzak's Sixth Amendment right to a fair trial. In written findings, the trial court detailed it would delay document filings and related hearings until after jury selection, call a larger panel of prospective jurors, employ confidential questionnaires, individually interview jurors with counsel, use extra alternates, and constantly admonish the jury to avoid media coverage.

In April 2000, the trial court first addressed issues relating to the expert opinion of Dr. George Lindholm, a forensic pathologist and medical examiner; it ruled admissible his opinion that Ms. Conway's death was with reasonable medical certainty a homicide in manner, even though he could not state a cause. Jury selection began August 7, 2000, and concluded August 9. Then, following delayed pretrial motions, opening statements. Evidence began on August 14 and concluded August 22, surrounded by extensive publicity due to allegations of dismemberment, cannibalism, and other deaths.

On the first day of jury selection, the trial court admonished a large panel of 60 prospective jurors of the potential for media coverage, and not to read, view, or listen to any media coverage throughout the trial. Over 40 jurors indicated prior knowledge of the case. Jurors were interviewed individually outside the presence of the other jurors. Publicity concerns were discussed. Jurors with significant knowledge, or knowing inadmissible subjects, or indicating inappropriate views on Mr. Pietrzak's guilt or innocence were excused. Neither party used all available peremptory challenges.

Immediately after jury selection, the trial court admonished the jury:

Do not read, view or listen to any report from the newspaper, radio, TV, Internet, wire service or any other electronic media with respect to this trial. Do not permit anyone to read or comment on it to you or in your presence. If at any time along the way you do come in contact with any information from an outside source, please advise the bailiff and she will advise the Court.

Report of Proceedings (RP at 632-33).

Mr. Pietrzak moved unsuccessfully to sequester the jury. The trial court then, very specifically, instructed the jury about sequestration and the importance of heeding its admonitions against media contact for the duration of the trial, to include reporting breaches to the bailiff. Further:

Do not read, view or listen to any report from the newspapers, radio, television, any sorts of electronic media on the subject of this trial. Do not permit anyone to read or comment on it to you or in your presence. Now the Court is broadening this instruction to include reading the newspaper, not just an article on this case, but reading the newspaper, watching television, listening to the radio, surfing the internet news or any other electronic media source or any other manner of exposure to the media.

RP at 746.

At the start of each following morning of trial, the trial court confirmed jury compliance with its publicity instructions and again instructed against media exposure and case discussions. At the close of sessions, the trial court again similarly instructed the jury. The gallery was told periodically not to discuss the matter in the courtroom or hallways because of the risk that the jury might hear such discussions.

In the delayed suppression hearings after jury selection, the trial court excluded Mr. Pietrzak's statements to others indicating his possible cannibalism of Ms. Conway, evidence linking Mr. Pietrzak to prior deaths, and his prior convictions. The trial court again denied Mr. Pietrzak's renewed motion to exclude Dr. George Lindholm's homicide opinion. Finally, the trial court denied sequestration.

Just before opening statements, Mr. Pietrzak moved for a mistrial mainly on the basis of excessive publicity regarding the excluded evidence. After reviewing videotapes and news clippings, the jury selection process, and the instructions already given and to be given throughout the trial, the trial court denied the motion.

The State's case in chief included more than 20 witnesses. Dr. Sarah Keller, an anthropologist, testified she examined material removed from the furnace and found 1,350 pieces of human bone coming from one adult female between 18 to 30 years of age. Dr. Keller found cut marks on the cervical vertebra consistent with the absence of skull fragments. She also found small zigzag cut marks on two long bones, probably femurs. Dr. Keller determined the cut marks on the cervical vertebra occurred "mighty close to death," before or after. RP at 978.

Kevin Jenkins, a forensic scientist, examined the hair removed from the gas line and determined it had been removed after death. Another forensic scientist, Ray Pellegrin, through DNA testing, connected the hair to Ms. Conway.

Mr. Pietrzak again unsuccessfully objected to Dr. Lindholm's homicide opinion. The doctor could not determine the "cause" of death, but could, with reasonable medical certainty, determine the manner of death as homicide. Dr. Lindholm explained his opinion was based upon, "[t]he circumstances of the recovery of the remains [burned in a basement furnace] and the absence of certain components of the body [head and hands], are, if you like, strong indication that this is a homicide." RP at 1032. Dr. Lindholm added the age, the attempt to obscure identity, and implement markings indicating an attempt to dismember the body as supporting factors.

Ron Tweedy testified Mr. Pietrzak said he wanted to kill Ms. Conway. Clare Seale testified Mr. Pietrzak said he wished Ms. Conway was dead. Ms. Seale also said Mr. Pietrzak told her it would be easy to kill someone and dispose of the body in the furnace. Ms. Seale also recalled telling a detective that Mr. Pietrzak told her the easiest way to get rid of someone was to dismember them and burn the remains in the furnace.

Eric Westerlund testified Mr. Pietrzak would get upset at Ms. Conway for raiding his refrigerator and talked about killing her. Mr. Pietrzak was upset because Ms. Conway would not sleep with him. After Ms. Conway's disappearance, Mr. Westerlund found bones in the furnace.

Jody West testified Mr. Pietrzak told her after Ms. Conway's disappearance that "she was gone for good," which Ms. West understood at the time to mean Ms. Conway had moved out of town. RP at 1162. Later, Mr. Pietrzak told Ms. West he had killed Ms. Conway. A third time, Mr. Pietrzak told Ms. West he had strangled Ms. Conway, dismembered her body, and put her in the furnace. Prior to Ms. Conway's disappearance, Mr. Pietrzak told Ms. West the furnace was an easy way to hide a body.

Stephen Akre testified Mr. Pietrzak told him he had killed Ms. Conway and offered to show him her remains. Later, Mr. Pietrzak again said he killed Ms. Conway and remorsefully stated, "`I can't believe I killed her.'" RP at 1182.

Melanie Wilson testified Mr. Pietrzak told her after Ms. Conway's disappearance that she "was gone for good." RP at 1189. Shannon Christensen testified Mr. Pietrzak repeatedly stated he had killed Ms. Conway and put her body in the furnace.

Jennifer Waltering testified Mr. Pietrzak was in love with her, although Ms. Waltering already had a boyfriend. She loved Mr. Pietrzak like a brother, and would visit his apartment on a regular basis. Ms. Waltering said she was a protective "street mother" to Ms. Conway. RP at 1201-02.

One night in November 1998, Ms. Waltering, her boyfriend, Jeff Curran, and Mr. Pietrzak were watching movies in Mr. Pietrzak's apartment. Ms. Conway arrived later complaining of back pain, drank some beer, and asked Mr. Pietrzak to give her a full body massage. According to Ms. Waltering, Mr. Pietrzak gave Ms. Conway muscle relaxants and then gave her a massage while Ms. Waltering looked on. Eventually, Ms. Waltering and Mr. Curran left while Ms. Conway remained in Mr. Pietrzak's bedroom "kind of out of it." RP at 1210. Ms. Waltering never saw Ms. Conway again.

Mr. Curran testified he last saw Ms. Conway in Mr. Pietrzak's apartment, as did Ms. Waltering. He saw Mr. Pietrzak give Ms. Conway a muscle relaxant that she washed down with alcohol. Ms. Conway said she was going to take a bus to Seattle the next day. When Mr. Curran and Ms. Waltering left, Ms. Conway was sleeping in Mr. Pietrzak's bedroom while Mr. Pietrzak slept in a reclining chair nearby.

About a month later, Mr. Pietrzak told Mr. Curran that he had killed Ms. Conway. Before her disappearance, Mr. Pietrzak had said, "she was better off dead." RP at 1263....