State v. Swanson, No. A04-2130.
| Decision Date | 10 January 2006 |
| Docket Number | No. A04-2130. |
| Parties | STATE of Minnesota, Respondent, v. Clinton T. SWANSON, Appellant. |
| Court | Minnesota Supreme Court |
Clinton Swanson appeals from his convictions of first-degree felony murder, second-degree murder, kidnapping, and false imprisonment. Swanson, alleging error on several grounds, requests a new trial, the reversal of his kidnapping conviction, or the vacation of his consecutive sentence for kidnapping. Because sufficient evidence exists to sustain the kidnapping conviction, the consecutive sentence for kidnapping does not exaggerate the criminality of Swanson's conduct, and there is no error warranting a new trial, we affirm.
This appeal arises out of the murder of Robert Schultz and the kidnapping of Candice Hansen. The parties to this appeal tell dramatically different versions of the events surrounding the murder and kidnapping.
It is undisputed that Hansen and Karol House, who disliked each other, were friends of Schultz. Schultz provided each with cocaine and House sold cocaine for Schultz.
According to the state's version of events, Schultz's frequent phone calls to House irritated her boyfriend, Swanson. On the evening of May 15, 2003, Swanson suggested to House that they travel to Schultz's house and that "everything would be taken care of." Swanson and House picked up Swanson's friend, Elijah Combs, before traveling to Schultz's home. The three stole a vehicle and, while traveling to Schultz's house, Swanson asked House where Schultz kept his drugs and money. When they arrived, Hansen and Schultz were watching a movie. Neither Hansen nor Schultz had met Combs or Swanson. After finishing the movie, all, except Hansen, played darts and used cocaine. At one point during the evening, Hansen went into the bathroom. As she was leaving the bathroom, she heard a "popping noise" and saw Swanson pointing a handgun at Schultz. Hansen testified that she then saw Swanson shoot Schultz, and then she was tackled by Combs. While Combs and House tied Hansen up with electrical cords, Schultz, wounded, ran past Hansen into his bedroom. Swanson stepped on Hansen as he pursued Schultz. House testified that Swanson stabbed Schultz and searched Schultz and the rest of the house for drugs and money. House kicked and "stomped on" Hansen and helped Swanson search the house. After House, Combs, and Swanson left, Hansen managed to free herself. Discovering Schultz dead, she summoned help.
Swanson, Combs, and House drove away from Schultz's home in the previously stolen vehicle and Schultz's Blazer. They drove to the apartment of Swanson's friend, Karl Schaak, and en route, Swanson threw a wallet out the window of the vehicle. House and Swanson changed clothes at Schaak's apartment. Schaak then drove with Swanson, Combs, and House to a location under the "Cedar Bridge" where they burned the two stolen vehicles. Swanson was burned in the process. Schaak later drove Combs to Minneapolis to hide the murder weapons. Combs confided to Schaak that plans had gone awry — they were just supposed to "jack" (rob) Schultz. Combs, House, and Swanson were later arrested.
House, Schaak, and Hansen testified against Swanson. Evidence showed Schultz died of gunshot and stab wounds. Swanson's fingerprints were found in the bathroom and on a cigarette package at Schultz's home. DNA evidence linked Swanson and Combs to a cigarette butt found in the trash at Schultz's home and Swanson and Schultz to a blood stain found in Schaak's vehicle.
At trial, Swanson testified in his own defense, setting out a different roadmap for these events. He denied House was his girlfriend though he admitted to sleeping with her. He stated that he knew Schaak from doing drywall work with him previously. Swanson testified that he met Schultz for the first and only time on the evening of May 15, 2003. He traveled to Schultz's home with House that evening because she wanted to get cocaine from Schultz. While at Schultz's home, Swanson used the bathroom. Swanson and House left Schultz's home after 15 minutes at most and drove to Schaak's apartment. On the way, House suggested robbing Schultz and taunted Swanson for his lack of interest. At Schaak's apartment, House suggested the robbery to Schaak and Swanson fell asleep. Swanson awoke the next morning to Schaak asking him to help "get rid of some cars." Swanson traveled to a spot underneath a bridge with Schaak, House, and Combs. When Swanson asked Schaak why they were burning cars, Schaak stated, "We went and robbed that guy, that you guys were talking about." Swanson was burned in the process and was arrested several days later.
Swanson was convicted of first-degree felony murder, three counts of second-degree murder, kidnapping, and false imprisonment, but was acquitted of first-degree premeditated murder. He was sentenced to life imprisonment with the possibility of parole after 30 years for the first-degree murder conviction and a consecutive 48 month term for kidnapping. Swanson now appeals his conviction to this court.
Swanson raises the following seven issues on appeal:
1. Whether the district court committed reversible error by failing to instruct the jury to determine, as a matter of fact, whether Schaak was an accomplice;
2. Whether the district court committed reversible error by refusing to instruct the jury that it should evaluate Schaak's testimony especially carefully because he was a cooperating witness;
3. Whether reversible error occurred due to the improper admission of Swanson's prior convictions for impeachment;
4. Whether the prosecutor committed misconduct by impermissibly vouching for the credibility of the state's witnesses and by commenting on Swanson's ability to listen to all the trial testimony before testifying;
5. Whether there is sufficient evidence to support Swanson's conviction of kidnapping;
6. Assuming the evidence supporting Swanson's conviction for kidnapping is insufficient, whether Swanson is entitled to a new trial as a result of insufficient evidence for one of the alternative felonies underlying his conviction for first-degree felony murder; and
7. Whether Swanson's consecutive sentence for kidnapping should be vacated because the sentence unfairly exaggerates the criminality of his conduct.
A conviction may not be based solely on the uncorroborated testimony of an accomplice. Minn.Stat. § 634.04 (2004). A district court has a duty to instruct a jury about the need for corroboration of an accomplice's testimony. State v. Strommen, 648 N.W.2d 681, 689 (Minn.2002). An accomplice instruction must be given if a witness testifying against the defendant might reasonably be considered an accomplice. State v. Shoop, 441 N.W.2d 475, 479 (Minn.1989). If the facts are undisputed, the district court determines whether a witness might reasonably be considered an accomplice, but if the "evidence is disputed or susceptible to different interpretations, then the question whether the witness is an accomplice is one of fact for the jury." State v. Flournoy, 535 N.W.2d 354, 359 (Minn.1995). An accomplice is one who could have been charged with and convicted of the crime with which the accused is charged. State v. Palubicki, 700 N.W.2d 476, 487 (Minn.2005).
Swanson argues that the district court committed reversible error by failing to instruct the jury to determine, as a matter of fact, whether Schaak was an accomplice for the purposes of Minn.Stat. § 634.04. As Swanson implicitly concedes, Swanson's testimony is the only evidence that Schaak was involved in the crime as more than an accessory after the fact. An accessory after the fact is not an accomplice. State v. Henderson, 620 N.W.2d 688, 701 (Minn.2001). Swanson's testimony, if believed by the jury, indicates Schaak would have criminal liability for the robbery and murder of Schultz and reduces Swanson's liability to that of an accessory after the fact. When determining whether Swanson's testimony is sufficient to send the question to the jury, we are faced with the question of whether, in the absence of any evidence that a witness committed the crime with the defendant, a witness can be an accomplice for purposes of section 634.04.
We have previously stated that for a witness to be an accomplice "it should appear that a crime has been committed, that the person on trial committed the crime, either as principal or accessory and that the witness co-operated with, aided, or assisted the person on trial in the commission of that crime either as principal or accessory." State v. Price, 135 Minn. 159, 164, 160 N.W. 677, 679 (1916). In Price, this court concluded that a district court can never instruct the jury that a witness is an accomplice as a matter of law, a conclusion this court has since rejected. See State v. Lee, 683 N.W.2d 309, 314-16 (Minn.2004); State v. Guy, 259 Minn. 67, 74, 105 N.W.2d 892, 898 (1960). Price's reasoning on the issue before us today, however, remains sound. In order for a witness to be an accomplice for the purposes of section 634.04, there must be some evidence that the defendant and witness were accomplices. A witness who is alleged to have committed the crime instead of the defendant is, as a matter of law, not an accomplice under section 634.04. Because Swanson's version of the facts would not make Schaak an accomplice, but instead an alternative perpetrator, the district court did not err by failing to give the jury accomplice testimony instructions concerning Schaak.
Swanson appeals the district court's refusal to give a jury instruction specifically relating to the credibility of Schaak. Swanson's trial counsel proposed a jury instruction entitled "Testimony of a Witness under Grant of Immunity or Reduced Criminal Liability." Swanson has not...
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