State v. Smith

• Decision Date: 29 April 1997
• Docket Number: No. 77337,77337
• Citation: 944 S.W.2d 901
• Parties: STATE of Missouri, Respondent, v. Keith A. SMITH, Appellant.
• Court: Missouri Supreme Court

Page 901

944 S.W.2d 901

STATE of Missouri, Respondent, v. Keith A. SMITH, Appellant.

No. 77337.

Supreme Court of Missouri,

En Banc.

April 29, 1997.

Rehearing Denied May 27, 1997.

Laura G. Martin, Asst. Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Kurt U. Schaeffer, Assistant Attorney General, Jefferson City, for respondent.

WHITE, Judge.

A jury convicted defendant Keith A. Smith of two counts of murder in the first degree. He was sentenced to life imprisonment without parole for the murder of Reverend Parris Campbell and sentenced to death by lethal injection for the murder of Annie Miller. His pro se Rule 29.15 motion for postconviction relief and the amended motion filed by appointed counsel were overruled without an evidentiary hearing. This case is before us on consolidated appeal. This Court has exclusive appellate jurisdiction. Mo. Const. art. V, sec. 3. We affirm the conviction, sentence, and denial of postconviction relief.

I. FACTS

This Court reviews the facts in the light most favorable to the verdict. State v. Shurn, 866 S.W.2d 447, 455 (Mo. banc 1993).

Beginning in August 1991, defendant Keith Smith periodically stayed at the home of Reverend Parris Campbell as a guest. Some time between eight o'clock and nine o'clock on the evening of November 17, 1991, Annie Miller, Rev. Campbell's housekeeper, was in the kitchen preparing dinner for Smith and Rev. Campbell. Around this time, Rev. Campbell went downstairs to the family room and began talking to Smith. Smith attacked Rev. Campbell and began choking him with his arm. Smith then grabbed an electrical cord that was lying on a table, wrapped it around Rev. Campbell's neck, and continued to choke him. Smith left Rev. Campbell, went upstairs to the kitchen, found a knife, came back downstairs, and began stabbing him.

At some point, Alphonso Smith (Alphonso), Keith Smith's fifteen-year-old cousin, came to a back door, and Smith let him in. Smith told Alphonso to make sure Rev. Campbell was dead. ¹ Smith then went back upstairs to the kitchen and told Annie Miller that Rev. Campbell needed her downstairs. Annie Miller began down the stairs with Smith behind her. Smith grabbed her by her neck and began to choke her. He then wrapped an electrical cord around her neck and continued to choke her until she fell to the floor. Smith went back upstairs to the kitchen, grabbed a knife, and returned downstairs. Then he went upstairs again, this time grabbed a pair of scissors, went back downstairs, and began stabbing her with the scissors.

Smith dragged the bodies into the garage, where Rev. Campbell kept two cars. Smith put both of the bodies into the trunk of one car. In the other car, Smith put his belongings, along with Rev. Campbell's checkbook, credit cards, cash, gold jewelry, gun, and stereo speakers. Smith and Alphonso fled in this car and picked up Smith's girlfriend, Sylvia Ware. Smith told Ware of the killings in detail.

On November 23, 1991, the police discovered the bodies of Rev. Campbell and Annie Miller in the trunk of the car parked in Rev. Campbell's garage. Three pieces of electrical cord were also found in the trunk, including one still wrapped around Annie Miller's neck. Rev. Campbell died from asphyxia due to strangulation. He was stabbed before and after death. Annie Miller also died from asphyxia due to strangulation, to which stab wounds contributed considerably. Smith was arrested on November 24, 1991, and confessed to the murders. At his arraignment, however, Smith pleaded not guilty.

For the death of Rev. Parris Campbell, the jury found Smith guilty of murder in the first degree and recommended a sentence of life imprisonment without parole. For the death of Annie Miller, the jury found Smith guilty of murder in the first degree, but could not agree on the appropriate penalty. The court sentenced Smith to life imprisonment without parole for the murder of Rev. Campbell and sentenced Smith to death by lethal injection for the murder of Annie Miller.

Smith filed a pro se Rule 29.15 motion and, through appointed counsel, an amended Rule 29.15 motion. The motions were overruled without an evidentiary hearing. This consolidated appeal follows.

II. MOTION TO SUPPRESS

Smith claims that the trial court erred in overruling his motion to suppress the videotaped statement that he gave to Detective John Fraise at the police station following his arrest. A trial court's ruling on a motion to suppress will not be upset on review if it is supported by substantial evidence. State v. Feltrop, 803 S.W.2d 1, 12 (Mo. banc 1991).

Smith's motion to suppress alleged that his statement was not voluntary as he gave the statement while under the influence of cocaine and marijuana. In support, he offered the results of a blood test taken twenty to twenty-four hours after the statement. The test showed positive results for cocaine and marijuana metabolites. ² Smith's amended motion additionally alleged that once taken into custody he was not adequately advised of his rights. He also claimed that he was coerced into the statement by a promise of leniency.

Once the admissibility of a statement has been challenged, the State has the burden of proof to demonstrate by a preponderance of the evidence that the statement was voluntary. Id. The proper focus of such a challenge is whether coercive police activity occurred. Colorado v. Connelly, 479 U.S. 157, 170, 107 S.Ct. 515, 523-24, 93 L.Ed.2d 473 (1986). The evidence presented on a motion to suppress is reviewed in the light most favorable to the ruling. State v. Bittick, 806 S.W.2d 652, 654 (Mo. banc 1991).

At the hearing on the motion to suppress, Det. Fraise testified that he witnessed Smith read his Miranda ³ waiver form out loud and sign it. This form, bearing the signatures of both Smith and Det. Fraise, was introduced into evidence. Det. Fraise stated that Smith, after signing the form, indicated that he was willing to talk to him. Det. Fraise questioned Smith for two hours and found him to be alert, speaking coherently and in detail. At some point during this two hour period, ⁴ Smith said to Det. Fraise, "I'm going to get the chair for this," to which Det. Fraise responded, "No, you're not, because they don't do that in this state." Det. Fraise advised Smith of his rights again and then videotaped Smith's statement. The following is an excerpt from the end of the statement:

Fraise: Has anything been promised to you in return for this statement, Keith?

Smith: What do you mean?

Fraise: Just that. Have we promised anything in return for this statement?

Smith: Were you all supposed to?

Fraise: I'm sorry.

Smith: Were you all supposed to?

Fraise: Well, I don't think so. I mean, the question is this, did you, did we promise you anything in return for this statement?

Smith: You said I wouldn't get the chair.

Fraise: No, that's not what was said.

Smith: What.

Fraise: That's not what was said.

Smith: Well, anything else beside that, no.

Fraise: Now that you bring that up, in your opinion, or at least in your mind, what was said about "the chair?"

Smith: I might not, I wouldn't get it if I do right.

Fraise: Are you sure that [sic] what was said?

Smith: I don't know how to put it, I don't know, it was like, the way you said it, it was like you know I ain't gonna get it, if I ... I don't know, you said I don't remember, I couldn't remember, I just forget.

Smith's motion claimed that he was under the influence of cocaine and marijuana to the point of delusion when Det. Fraise stated "they don't do that in this state." Smith maintains that due to his impaired condition, Det. Fraise's comment amounted to coercion as Smith interpreted the statement as a guarantee that he could never receive the death penalty. Smith argued that it was because of this "promise" that he waived his Miranda rights and agreed to make a statement.

In support of his allegedly delusional condition, Smith offered the drug test and pointed to the confession itself, in which he made repeated references to "Chucky." "Chucky" is the name of a doll that comes to life and kills people in the "Child's Play" movies. As Smith described the events that took place on November 17, 1991, he at times spoke in the first person, at other times he related events as though he witnessed "Chucky" perform them, and at still other points of Smith's confession he claimed that he was acting in accordance with "Chucky's" demands. The following conversation took place when Det. Fraise asked Smith what "Chucky" meant to him:

Smith: It's a guy I invented. I invented all the Chucky's, one and two and I'm making another one, so it's three that's out now.

Fraise: So, this'll be Chucky Three?

Smith: Yeah, but, I'm the original.

Fraise: You're the original Chucky. And you say you invented this Chucky for what reason?

Smith: Because, I wanted to make TV.

Fraise: What do you mean by that?

Smith: Wanted to make TV. I wanted to make, you know, movies, make it in the movies. And you make it, he's selling it. TV's, Child's Play, the little doll. My little cousin's name is Chucky. I gave him that name. 'Cause I like Chucky.'

Fraise: You like what you see what Chucky does?

Smith: I like Chucky do what he do.

...

Smith: ... And I don't believe there's no Chucky, so I don't know why I keep saying there's a Chucky, but ...

Fraise: I don't either, so let's quit saying that.

Smith: I can't ...

Fraise: Let's stick to reality here, of what we're talking about.

Smith: I mean ... I know.

...

Fraise: Would you agree ... and look at me Keith, would you agree that Chucky is a figment of your imagination?

Smith: I hate to say it, but yes.

Fraise: So that, when you're really talking about the events that occurred inside this house, and when you left this house, you're really talking about you?

Smith: Yes.

...

Smith: I just can't believe it, I just snapped. And I didn't do it, Chucky did it. I don't...