State v. Scott

• Decision Date: 20 April 2001
• Docket Number: No. 83,647.,83,647.
• Citation: 271 Kan. 103,21 P.3d 516
• Parties: STATE OF KANSAS, Appellee, v. JEFFREY L. SCOTT, Appellant.
• Court: Kansas Supreme Court

271 Kan. 103

21 P.3d 516

STATE OF KANSAS, Appellee, v. JEFFREY L. SCOTT, Appellant.

No. 83,647.

Supreme Court of Kansas.

Opinion filed April 20, 2001.

Craig H. Durham, assistant appellant defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the briefs for appellant. Jeffrey L. Scott, appellant, was on separate briefs pro se.

Debra S. Peterson, assistant district attorney, argued the cause, and Charles R. Reimer, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is a direct appeal by the appellant, Jeffrey L. Scott, of his conviction for premeditated first-degree murder for the death of his ex-girlfriend, Sheryl Chappell. Scott was sentenced to life in prison. Scott raises five issues through appointed counsel and filed pro se briefs in which he raises other issues.

On January 5, 1998, police discovered Chappell's body in her home after co-workers became concerned when Chappell failed to appear for work. Chappell was found lying face down on her living room floor. Officers determined that a struggle preceded Chappell's death as a lamp was broken, pictures were knocked down, vases were broken, furniture had been moved, a large Bible on a stand had been placed upside-down, there was a large dent in the wall, and other broken items were lying about the floor. Chappell's neck had been cut by something sharp. Officers also found drops of blood all over the house.

An autopsy revealed that Chappell had been strangled, most likely manually, as there were no discernable ligature marks found. Blunt force trauma to Chappell's head also contributed to her death. Chappell had bruises about her head. Chappell had been beaten severely about the head, probably with a fist, and had sustained even more severe blows from a harder object or surface to the back and side of her skull. The autopsy also revealed that Chappell's throat had been cut with a knife. The autopsy indicated that the cut had been made either at the time of her death or after. The deputy coroner testified at trial that the cause of death was strangulation associated with blunt force trauma to Chappell's head.

Police interviewed Scott in November 1998. Scott told officers that he had lived with Chappell in 1997, prior to meeting his new girlfriend, Natalie Ramsey. In January 1998, he had returned to Chappell's home with Ramsey to pick up some of his belongings. Scott said that Chappell had become enraged at Ramsey's presence, asked why he brought "that bitch here," and attacked Ramsey with a knife. Scott told officers that he had jumped over a couch to Ramsey's aid and pulled Chappell away from her, but not before Chappell cut Ramsey's finger. It was Ramsey's blood that officers found throughout Chappell's house. Scott screamed at Ramsey to get out of the house, which she did. Scott and Chappell had a lengthy violent struggle. Scott claimed he was attempting to defend himself from Chappell's knife thrusts. Scott admitted that he had put his hand on Chappell's throat. Scott claimed at the time that Chappell cut herself in the throat with her own knife. Scott told officers that he and Chappell fell to the floor and Chappell hit her head on a wooden table. While Scott and Chappell struggled on the floor, Scott had one hand on Chappell's neck while the other hand held down the knife. Scott held Chappell down until she became unconscious. Scott claimed that Chappell was still breathing and moving when he released her.

Scott told officers that after the fight was over, Ramsey came back into the house. Scott said he told Ramsey that Chappell had been drunk and passed out. Scott and Ramsey collected Scott's belongings. Scott tried to mop up Ramsey's blood. Scott and Ramsey then left Chappell's house.

Scott told officers that he believed Chappell was still alive when he left because he could see her breathing. Officers confronted Scott about the cut on Chappell's neck. Scott again claimed that Chappell had cut herself during the struggle. Scott eventually admitted that he had cut her himself with his own knife. He admitted that he had originally lied to police because he felt it might show premeditation. Scott told the officers that he had taken Chappell's knife and his own knife and thrown them away in a dumpster at the apartment complex where Scott and Ramsey lived.

Scott also admitted that Chappell's head injuries did not come solely from hitting the furniture. Scott admitted that he had swung Chappell's head into the wall, causing the hole. Scott denied hitting Chappell with his fists.

Scott was charged and convicted of first-degree premeditated murder. He was sentenced to life in prison. Additional facts will be set forth as necessary throughout this opinion.

Scott raises six issues on appeal: (1) whether there was sufficient evidence to find him guilty of premeditated first-degree murder; (2) whether the trial court erred in defining "premeditation" as used in the jury instructions; (3) whether the trial court erred in responding to a jury question outside his presence; (4) whether the prosecutor's statements during closing argument were proper; (5) whether the trial court erred in giving an instruction on self-defense; and (6) whether it was error for the prosecutor to play only a portion of the audiotaped interview with Scott.

I. PREMEDITATED FIRST-DEGREE MURDER

When the sufficiency of the evidence is challenged in a criminal case, the standard of review on appeal is whether, after review of all the evidence, viewed in a light most favorable to the prosecution, the appellate court is convinced that a rational factfinder could have found the defendant guilty beyond a reasonable doubt. State v. Graham, 247 Kan. 388, 398, 799 P.2d 1003 (1990). A guilty verdict in a criminal case will not be disturbed on appeal if there is substantial evidence even though the evidence is entirely circumstantial. State v. Dunn, 249 Kan. 488, 491, 820 P.2d 412 (1991). The probative values of direct and circumstantial evidence are intrinsically similar, and there is no logically sound reason for drawing a distinction as to the weight to be assigned to each. State v. Wilkins, 215 Kan. 145, 156, 523 P.2d 728 (1974). When a verdict is challenged for insufficiency of evidence or as being contrary to the evidence, it is not the function of this court to weigh the evidence or pass on the credibility of witnesses. Wisker v. Hart, 244 Kan. 36, 37, 766 P.2d 168 (1988).

In order to convict Scott of first-degree murder, the State had to prove that he killed Chappell intentionally and with premeditation. K.S.A. 21-3401(a); State v. Juiliano,268 Kan. 89, 97, 991 P.2d 408 (1999). Scott specifically argues that there was no evidence that the killing of Chappell was premeditated.

Premeditation is the process of thinking about a proposed killing before engaging in the homicidal conduct. State v. Rice, 261 Kan. 567, 587, 932 P.2d 981 (1997); State v. Henson, 221 Kan. 635, 645, 562 P.2d 51 (1977). Premeditation is a "state of mind." State v. Saleem, 267 Kan. 100, 105, 977 P.2d 921 (1999). Premeditation and deliberation may be inferred from the established circumstances of the case, provided the inference is a reasonable one. In such case, the jury has the right to make the inference. State v. Buie, 223 Kan. 594, 597, 575 P.2d 555 (1978). The evidence of premeditation need not be direct and is often established by circumstantial evidence. Rice, 261 Kan. at 586; State v. Phillips, 252 Kan. 937, 939, 850 P.2d 877 (1993).

Scott argues that the State failed to prove premeditation because he did not have time to think about killing Chappell "before engaging in the homicidal conduct." Scott argues that this court should consider the homicidal conduct to have begun the moment Scott began fighting with Chappell. We disagree. Premeditation does not have to be present before a fight, quarrel, or struggle begins. Premeditation is the time of reflection or deliberation. Premeditation does not necessarily mean that an act is planned, contrived, or schemed beforehand. Scott had his hand on Chappell's neck until she became unconscious. His continued application of pressure over a period of time is sufficient for a jury to find that Chappell's death was premeditated.

Indeed, death by strangulation can be strong evidence of premeditation. This court hinted at as much in State v. Brown, 234 Kan. 969, 676 P.2d 757 (1984), where we affirmed the defendant's conviction for premeditated first-degree murder when the victim died from prolonged strangulation. In doing so, we specifically noted that the evidence of a struggle, the beating, and then the strangulation were sufficient to show premeditation.

Other courts have specifically held that death by strangulation can support a finding of premeditation. See Carmichael v. State, 340 Ark. 598, 602, 12 S.W.2d 225 (2000) (premeditation can be inferred when the death is caused by strangulation); Dupree v. State, 615 So.2d 713, 719 (Fla. Dist. App. 1993) (evidence of beating and strangulation sufficient to support premeditation because the strangulation gives the defendant time to "reflect upon his actions"); Hounshell v. State, 61 Md. App. 364, 376, 486 A.2d 789 (1985) (affirming premeditated first-degree murder conviction where strangulation took place over an "appreciable length of time" giving the defendant opportunity for "premeditation and deliberation"); Commonwealth v. Lanoue, 392 Mass. 583, 590, 467 N.E.2d 159 (1984) (jury may consider evidence of strangulation when determining premeditation as strangulation gives defendant time to deliberate); People v. Johnson, 460 Mich. 720, 733, 597 N.W.2d 73 (1999) (evidence of manual strangulation can be evidence that the defendant had an opportunity to "take a second look" or deliberate); State v. El-Tabech, 225 Neb....