State v. Sheets
| Decision Date | 15 September 2000 |
| Docket Number | No. S-97-1069.,S-97-1069. |
| Citation | 260 Neb. 325,618 N.W.2d 117 |
| Parties | STATE of Nebraska, appellee, v. Jeremy C. SHEETS, appellant. |
| Court | Nebraska Supreme Court |
J. William Gallup, of Gallup & Schaefer, Omaha, for appellant.
Don Stenberg, Attorney General, and J. Kirk Brown, Lincoln, for appellee.
The appellant, Jeremy C. Sheets, was convicted on one count of murder in the first degree and one count of using a knife to commit a felony, and was sentenced to death on the murder charge. The crucial portion of the State's case, which was admitted into evidence, was the taped confession of Adam Barnett, an alleged accomplice to the crime. The confession was made pursuant to a plea agreement while Barnett was in custody. Statements in the confession implicated Sheets in the crimes. Barnett was not available to testify, as he committed suicide before trial. Sheets appealed, contending that the district court erred in admitting Barnett's taped confession. While this case was pending appeal, the U.S. Supreme Court, in June 1999, decided Lilly v. Virginia, 527 U.S. 116, 119 S.Ct. 1887, 144 L.Ed.2d 117 (1999). We then sustained the State's motion to submit supplemental briefs to discuss the impact of Lilly. These briefs were filed at the end of July 1999.
We determine that statements made in Barnett's confession do not fall within a firmly rooted hearsay exception or possess particularized guarantees of trustworthiness which would make cross-examination of marginal utility. Thus, we conclude that the admission into evidence of Barnett's taped confession violated Sheets' constitutional right to confrontation. Because the taped confession was the primary evidence against Sheets at trial, we conclude that the error was not harmless. Accordingly, we reverse, and remand for a new trial.
On September 23, 1992, Kenyatta Bush, a 17-year-old senior at North High School in Omaha, Nebraska, disappeared from the school campus. Bush's body was found 10 days later in a ditch in Washington County, Nebraska. A pathologist determined that Bush had suffered three to four stab wounds to her throat and that she died of the incised lacerations to her neck, which severed the trachea, larynx, and all major blood vessels. Bruises found on her body were consistent with sexual assault. Investigating officers determined that the murder had been committed at another location and that Bush's body had been moved to the place where it was found.
The murder was still under investigation when, on September 17, 1996, Omaha police received a report from Barb Olson that Barnett had told her son-in-law, Jason LaNoue, that Barnett and Sheets were involved in the murder. The police then obtained statements from Olson; her daughter, Richelle LaNoue; and Jason LaNoue. As part of the investigation, Richelle LaNoue agreed to wear a concealed radio wire in order to secretly tape a conversation between herself and Barnett regarding the murder.
During the conversation between Richelle LaNoue and Barnett, Barnett implicated Sheets in the murder. Barnett stated that he had not actively participated in the crime, but had just driven the car. When Richelle LaNoue asked how Barnett could remain friends with Sheets, Barnett stated that Richelle then replied, "Yeah, [Barnett's girl friend] told me about that," and Barnett stated, "It's not even really a friendship really, it's sort of like (sighs)."
Barnett was taken into custody on September 27, 1996. Upon arrest, Barnett was taken to police headquarters and placed in an interview room. Two police officers informed Barnett of his Miranda rights, and Barnett agreed to speak with the officers. Barnett spoke with the officers for about 1 hour. During this time, he denied any involvement in Bush's murder and stated that Sheets had killed Bush. The interview terminated when Barnett asked to speak with an attorney.
A presiding judge appointed an attorney, who consulted with Barnett for several hours before Barnett was formally booked on a charge of homicide. On September 28, 1996, Barnett made an early morning request to detention personnel that he be allowed to contact his attorney. Barnett's attorney arrived at the police station around noon, after which he consulted with Barnett for several hours. Barnett's attorney then contacted police detectives and informed them that Barnett wished to make a statement regarding his involvement in the murder.
During this second statement to police, Barnett maintained that on the day Bush disappeared, she willingly entered the car and agreed to drive around and smoke marijuana with Sheets and Barnett. Barnett stated that when the three arrived at Dodge Park, Barnett stopped to urinate and was separated from Sheets and Bush. Barnett stated that when he rejoined them, Sheets had pinned Bush to the ground and was stabbing her. Shortly after providing police with this information, Barnett began to cry, and his attorney terminated the interview.
Following the second interview, Barnett's attorney negotiated a plea agreement with the county attorney on Barnett's behalf. According to a letter setting out the terms of the agreement:
It was also agreed that a use of a weapon charge would not be filed against Barnett. At trial, Barnett's attorney testified that the sentence Barnett would receive for second degree murder had never really been discussed. However, Barnett's attorney also stated that a minimum sentence was something that could be hoped for. Barnett's attorney also testified that he had been told prior to making the agreement that Barnett was going to be charged with first degree murder. After Barnett's attorney consulted with Barnett about the plea agreement, a deputy county attorney and an Omaha police detective advised Barnett of the plea agreement and what was expected of him in return. At around 10:40 p.m. on September 28, 1996, Barnett gave a tape-recorded confession to the police. The statement provided in part:
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