State v. Sanders

• Citation: 272 Kan. 445,33 P.3d 596
• Decision Date: 26 October 2001
• Docket Number: No. 84,843.,84,843.
• Parties: STATE OF KANSAS, Appellee, v. JOHN A. SANDERS, Appellant.
• Court: United States State Supreme Court of Kansas

272 Kan. 445

33 P.3d 596

STATE OF KANSAS, Appellee, v. JOHN A. SANDERS, Appellant.

No. 84,843.

Supreme Court of Kansas.

Opinion filed October 26, 2001.

Rick Kittel, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellant.

David C. Smith, assistant district attorney, argued the cause, and Nick A. Toic, district attorney, and Carta J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is a direct appeal by the defendant, John A. Sanders, from his conviction of first-degree premeditated murder. He was sentenced to life imprisonment with a hard 40 sentence. The victim, Robert Bertsch, was found lying on the side of the road in Kansas City, Missouri. When Bertsch was identified, the police went to his residence in Kansas City, Kansas. No one responded to their knock on the front door, so they went to the rear door where they found what appeared to be a single drop of blood and fresh tire tracks. From the outside of the house, through a small pane glass window near the rear door, the police could observe a small porch area with what appeared to be red blood on the door jam.

Police obtained a search warrant and entered the residence where they found a heavy concentration of blood on a fold-out couch bed in the living room and blood splatters on the walls going up to the ceiling. In the bathroom, police noticed blood, gauze pads, and band-aid wrappers, "consistent with someone having washed and cleaned themselves there in the sink area." While police were at the residence, Kansas State Parole Officer Otis Laskey contacted police and indicated he was looking for Sanders for a probation violation.

On Monday, February 1, 1999, Laskey and Deputy Marshal Matt Cahill drove to Sanders' mother's residence looking for Sanders. As they approached the house, they saw Sanders in the front yard talking to a woman, who was later identified as Sanders' mother. When Sanders saw the officers he ran. After apprehending Sanders, as the officers were taking him to the car, Sanders' mother said, "Please tell me you didn't do it, please tell me you didn't do it." Although the officers identified themselves as police while taking Sanders into custody, Laskey and Cahill did not inform Sanders of his Miranda rights at that time because they "had no intention of asking him any questions." Sanders was, however, made aware that there was a parole warrant for his arrest. On the way to the Wyandotte County Jail, Sanders told the officers that his mother thought "he killed his friend that he lived with ... [but] that he hadn't."

Later, Detective Terry Mast, of the Kansas City, Kansas, Police Department, picked up Sanders from the Wyandotte County Jail and took him to his office to question him concerning Bertsch's death. At that time, Mast advised Sanders of his Miranda rights. During this first interview, after Sanders signed a Miranda waiver, two detectives questioned Sanders about Bertsch and his whereabouts on the night of the homicide. When Sanders told them he did not want to talk to them, detectives stopped the interview and took him back to jail. Mast noticed a stain on Sanders' shirt that looked like blood, so he asked jail officials to gather Sanders' clothes for testing. Later, Sanders indicated to Mast that he got blood on his clothes when he moved the body. Bruises on Sanders' hands were also photographed. Sanders then told Mast that he had not been truthful with him and that he wanted to talk to him. Sanders was again transported to the detective bureau where he made a statement before a police typist. After the statement was prepared, Sanders was given the opportunity to read and sign it.

Sanders said that on Thursday, January 28, he and Bertsch went to Wal-Mart, then to the liquor store to purchase some alcohol, and then "went to an address on Riverview where they purchased some rock cocaine." From there, they returned to Bertsch's house where they drank and smoked crack cocaine. Sanders testified that they tried to have sex but were unable to because of the effects of the cocaine. Later, Sanders and Bertsch picked up Dave Edminster at Sanders' uncle's house. The men drove around in Bertsch's car for approximately 45 minutes to an hour, smoked more crack cocaine in the car with Edminster, and then returned to Bertsch's house after dropping off Edminster. In his statement, Sanders said that sometime between 11:30 p.m. and midnight he took Bertsch's car back to Riverview to purchase another rock of crack cocaine.

Sanders testified that Bertsch had given him a key to the back door earlier and that Bertsch gave him $15 "to get some more dope." Upon returning to Bertsch's house around midnight or a little after, he saw Bertsch lying nude with a large amount of blood on him and a blue robe over him. Sanders stated that he felt for a pulse but could not find any, panicked, and, knowing he was wanted for a parole violation, attempted to "clean up." Sanders wrapped the body in a light blanket, put it in the trunk, and disposed of it in the "west bottoms" of Kansas City, Missouri. Then, after returning to Bertsch's house for approximately 10 minutes, Sanders went to 861 Riverview and stayed there the rest of the night. Sanders told Mast that he loaned Bertsch's car to one of the people who lived at the Riverview address and that they had not brought it back. Sanders testified at trial that he had known Bertsch for about 10 years and had lived with him for approximately 2 weeks prior to January 28, 1999.

At trial, several other witnesses testified concerning the events that occurred during the week preceding Bertsch's homicide. Clifford Brent testified that 1 week prior to Bertsch's homicide, Bertsch had arrived at Trans-Supply late for work. Brent testified that Bertsch said that his car was stolen, and he had to walk to work, but that he planned to wait until lunch to call police. Around 10 or 10:30 a.m., Sanders arrived at Trans-Supply with Bertsch's car keys in his hand. According to Brent, Sanders said that he had found Bertsch's car "over on Parallel," and that Bertsch reacted angrily. After driving off with Sanders and then returning to work 10 minutes later, Bertsch told Brent that he did not call police earlier because he assumed that Sanders had taken his car. Bertsch told Brent that his house had a deadbolt lock and that he always left his keys in the lock overnight in case there was a fire or an emergency. Further, Bertsch said that he had let Sanders spend the night with him and his keys were gone that morning when he got up. Bertsch told Brent that he had taken Sanders to 10th and Central, put him out of the car, and told him never to come around his place again.

Bertsch's daughter Saraphine testified that her parents were divorced and that she generally spent 4 days a week at Bertsch's house. Saraphine stated that it was Bertsch's habit to keep the house locked, even when they were at home. She also testified that on Friday, January 22, 1999, and on Sunday, January 24, the week before Bertsch's homicide, she and her best friend Amanda Powers spent the night at Bertsch's house. Sanders also spent the night there. Saraphine testified that Bertsch and Sanders had a sexual relationship. At that time, Saraphine and Amanda were both 15 years old and Sanders was 24. Sanders repeatedly told Amanda how beautiful she looked and that he would get the car from Bertsch and pick them up from high school to take them somewhere. Saraphine said that Sanders was having trouble getting the car because Bertsch would not let him take it, because when he let him take it before, "he never brought it back until two weeks, maybe three weeks later."

Amanda testified that Sanders had kissed her at Bertsch's house. Amanda stated that on Monday and Tuesday after school, Sanders called her, appearing aggravated. He told her he still wanted to get the car but did not think he would be able to get it. Amanda testified that in addition to the plan to pick up both girls after school, there was a second plan for Sanders to pick her up on Saturday, January 30, 1999, so the two of them could go out by themselves.

Aaron Barnett testified that on Thursday night, January 28, 1999, he was living with his girlfriend at 861 Riverview when Sanders came there to buy crack cocaine. According to Barnett, Sanders was driving Bertsch's car. Barnett saw Sanders by himself again at the Riverview address after midnight. According to Barnett, Sanders did not have any money to buy crack cocaine when he came back the second time and wanted to know if anyone wanted to buy the car, but no one did.

Later, Sanders drove Barnett, his girlfriend, and her nephew to a store. As they were driving, Sanders showed Barnett some papers in an attempt to show he had title to the car and could sell it. Barnett noticed a red smudge on the brown envelope. Barnett testified that on the way to the store, Sanders asked him if they wanted to see a body in "the bottoms." In Barnett's statement, he said that Sanders told him that he had killed the guy he lived with. Barnett's testimony during cross-examination wavered as to whether Sanders admitted that he was the one who killed Bertsch. However, Barnett clearly testified on redirect that Sanders told him that "he killed the body."

After returning to the house on Riverview, Sanders stayed there the rest of the night. In addition to offering to sell the car, Sanders tried to sell a refrigerator and a stove to the people at the Riverview address. The next morning Barnett woke up to the news that police "found the body in the west bottoms." Barnett testified that Sanders was in the front room on the floor asleep and Barnett woke his girlfriend with the thought that "baby, he really did it." Someone telephoned Barnett that morning, telling him the police were on their way over to...