State v. Schnick
| Decision Date | 19 November 1991 |
| Docket Number | No. 70584,70584 |
| Citation | 819 S.W.2d 330 |
| Parties | STATE of Missouri, Respondent, v. James E. SCHNICK, Appellant. |
| Court | Missouri Supreme Court |
Craig A. Johnston, Columbia, for appellant.
William L. Webster, Atty. Gen., John Morris, Asst. Atty. Gen., Jefferson City, for respondent.
Defendant lived with his wife, Julie Schnick, and their two children on a farm in Webster County, Missouri. Julie's brother, Steve Buckner, lived with his family on another farm in Webster County about seven miles from the Schnick farm. The Steve Buckner family consisted of Steve, his wife Jeanette, and their four children. The four children's names and ages were: Kirk, fourteen; Dennis, eight; Timmy, seven; and Michael, two. In the early morning hours of September 25, 1987, Julie Schnick, Steve Buckner, Jeanette Buckner and the four Buckner children were shot to death.
The first persons to arrive at the Schnick farm after the shootings, besides the defendant, were the parents of Julie Schnick, Alfred and Jean Buckner. At about 6:00 a.m. they found defendant lying in the kitchen with wounds in his abdomen and lower leg. In the bedroom, Jean Buckner found the body of Julie Schnick with two bullet wounds in her forehead. Kirk Buckner's body was found a short distance from the defendant. Kirk had been shot three times: in the chest, neck, and back. In addition, Kirk had been stabbed twice. A .22 caliber revolver was found in Kirk's right hand. Alfred Buckner asked what had happened, to which defendant replied, "Kirk came in the door shooting."
Among the officers at the scene that morning were Webster County Sheriff Eugene Fraker and Deputy Sheriff Don Roe. Around 7:15 a.m. Fraker sent Roe to the Steve Buckner home. Roe, accompanied by another officer, found the bodies of the three youngest Buckner children. Timmy and Dennis Buckner were in their beds. Each had been shot twice in the head. Two year old Michael was in a playpen in the living room. He had been shot once in the temple. Jeanette Buckner's body was found in front of a milk barn on the Buckner property. She had been shot once in the head. Steve Buckner was the last to be found. His body was located along the gravel road running between the Schnick and Buckner farms.
Defendant was transported to a hospital in Springfield. His wounds proved to be minor. On September 26, 1987, Deputy Sheriff Don Roe and his wife visited defendant in the hospital. Roe interviewed defendant about the shootings. Defendant gave an account of the events indicating that the homicides were preceded by a long period of hostility between defendant and Steve and Kirk Buckner. Defendant also admitted to having been involved in an extramarital affair for some time prior to the homicides. Defendant gave his account of the events that occurred that morning in which he claimed to have been attacked and shot by an intruder. Defendant denied having a specific recollection of events after he was shot. He claimed to have blacked out.
During the following days other evidence was developed that was inconsistent with defendant's initial account. Because of these inconsistencies, defendant was interviewed by highway patrolmen in Webster County on October 1, 1987, and a second time at the highway patrol Troop D headquarters in Springfield on October 5, 1987. In the October 1 interview, defendant gave a similar, but somewhat more elaborate, account of what he had told Roe on September 26. On October 5th defendant was told of certain physical evidence that was inconsistent with his initial account and that officers did not believe defendant. The defendant then gave two other accounts. In one version defendant claimed to have been abducted by Kirk and Steve. In the next account, defendant claimed he had been kidnapped by Kirk alone. Finally defendant confessed that he had killed all seven of the victims. Defendant repeated that confession in the presence of Deputy Roe. Thereafter he gave a videotaped confession.
Trial began on April 11, 1988. During the voir dire of potential jurors, defense counsel called off a list of expected state's witnesses and asked if any member of the venire knew those witnesses. Among those named were Webster County sheriff Eugene Fraker and Deputy Sheriff Don Roe. Charles George, a member of the venire, stated he knew both Fraker and Roe. The following exchange then occurred:
MS. CHAPMAN [defense counsel]: Do you think because they are law officers they are entitled to more believability than others?
VENIREMAN GEORGE: Not necessarily, but you know them and the job they have done and you believe them before you would a stranger.
At the close of voir dire, defense counsel moved to strike George for cause. The motion was overruled. In addition to the regular jury, the trial court decided to empanel two alternates. A list of twenty-three potential jurors was tendered to defendant for the purpose of making peremptory strikes. Section 546.180.3. Defendant used one of his nine peremptory strikes to remove George from the jury panel. See § 546.180.1(1). 2
This Court recently considered the same statutory proceeding for challenging jurors that was applicable when this case was tried. After reviewing the history and caselaw construing §§ 546.150 and 546.180, the Court concluded that a defendant is entitled to a full panel of qualified jurors before making peremptory challenges and even though an unqualified juror does not actually serve, it is prejudicial error to fail to sustain a meritorious challenge for cause. State v. Wacaser, 794 S.W.2d 190, 193 (Mo. banc 1990).
The state candidly admits that because of George's answers to the questions regarding his partiality in favor of the testimony of Fraker and Roe, and the absence of a more searching inquiry by the trial court, George should have been excused. A member of the venire who expresses a bias in favor of the credibility of a police officer expected to testify for the state is disqualified to serve as a juror. State v. Draper, 675 S.W.2d 863, 865 (Mo. banc 1984).
The question left open by Draper was what circumstances establish an absence of prejudice. Draper suggests some circumstances in which there may be no prejudice to a defendant; for example, where the police officer does not provide elements of the state's case, where more important evidence came from other witnesses, and where the police officer did not testify to any truly contested issue. The state argues that Fraker and Roe's testimony falls within the class of evidence referred to in Draper and thus no prejudice is shown by failing to excuse George. The state claims the testimony of Fraker and Roe was cumulative, uncontested and used by defendant to buttress a defense theory.
Fraker was the first officer to arrive at the Schnick farm. Both Fraker and Roe testified in some detail to observations made at the Schnick and Buckner homes on the day of the murders. Fraker identified photographs of the slain Buckner children. At one point Fraker apparently became somewhat emotional as he gave a description of what he saw at the Buckner home.
Roe and another officer left the Schnick residence and were the first to arrive at the Buckner residence. Roe collected physical evidence from both the Schnick and Buckner homes. He related his conversation with Schnick at the hospital regarding the events leading up to the homicide.
The testimony of Fraker and Roe was important when compared to other evidence because it established essential elements of the state's case and involved contested issues. Fraker's testimony established the date, location, approximate time and condition of the bodies when they were found. Fraker confirmed testimony of other Roe not only confirmed testimony of Fraker and other officers, he added evidence establishing a hostile relationship between defendant on one hand and Julie Schnick and the Buckner family on the other. Thus Roe's testimony, more than any other single witness's, established a motive for defendant to commit the homicides.
persons arriving at about the same time and identified photographs of the victims.
The fact that Fraker and Roe gave testimony that was uncontradicted, unimpeached and consistent with other testimony does not mean the weight of the testimony and credibility of the witnesses was not at issue. The credibility of witnesses and weight of evidence is always a question for the jury to decide. In addition, the Fraker and Roe testimony was not rendered beneficial to defendant because defense counsel attempted to use Roe's testimony to buttress a defense theory. On balance, the advantage of the Fraker and Roe testimony clearly went to the state.
The circumstances suggested in Draper demonstrating absence of prejudice are not present here. Because of his bias in favor of the testimony of Roe and Fraker, George was disqualified from serving on the jury. The list of potential jurors tendered to defendant for the purpose of making peremptory strikes consisted of an insufficient...
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