State v. Tart

Decision Date09 February 1996
Citation672 So.2d 116
Parties93-0772 La
CourtLouisiana Supreme Court

On Appeal from the Fourth Judicial District Court for the Parishes of Ouachita and Morehouse, Honorable Michael S. Ingram, Presiding Judge.

Nicholas J. Trenticosta, New Orleans, Denise LeBoeuf, New Orleans, Ruth E. Friedman, Atlanta, GA, for Applicant.

Richard P. Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Earl Cox, Monroe, for Respondent.

[93-0772 La. 1] WATSON, Justice. 1

Willie Lee Tart was indicted for two counts of first degree murder of William and Lillian Quenan, an elderly couple murdered in their home in Bastrop, Louisiana, in violation of LSA-R.S. 14:30. After trial by jury, the defendant was found guilty as charged and unanimously sentenced to death after two aggravating circumstances were found. This is the direct appeal of his convictions and sentence. La. Const. art. 5, § 5(D); La.C.Cr.P. art. 912.1.

On appeal, Tart relies upon thirty-two (32) assignments of error for the reversal of his conviction and sentence. Four arguments involving eight [93-0772 La. 2] assignments of error will be discussed in this opinion; all other assignments of error will be addressed in an appendix. Finding no reversible error in either the guilt or penalty portion of Tart's trial, we affirm the convictions and sentence of death. 2

FACTS

At about 7:30 a.m. on September 7, 1989, the bodies of 70-year old William Quenan and his 66-year old wife, Lillian, were discovered by neighbors in their Bastrop, Louisiana home. The Quenans, owners of a local jewelry store, both died of multiple cutting and stabbing wounds. There was evidence that both had been bound. One of Mr. Quenan's wrists was still bound with telephone cord. One of Mrs. Quenan's wrists was bound with part of a broken belt; the remaining part of the belt was found on the floor under her body. Mr. Quenan's wallet and its contents were strewn on the bedroom floor; jewelry from several cases was spread on a dresser.

The crime scene showed a prolonged struggle between the Quenans and their assailant. Blood was spattered around the bedroom, on the walls and in the adjoining hall. A portable phone and phone book opened to the emergency number page were bloody. Large pools of blood were visible on the [93-0772 La. 3] carpet where the Quenans' bodies came to rest, as well as another pool on the opposite side of the bed.

Autopsy reports showed Mrs. Quenan was stabbed 21 times in her head, neck, chest and abdomen. She had defensive wounds in the form of bruises on her hands and wrists and cuts on both hands where she had grasped a sharp object. Mr. Quenan was stabbed 14 times, including a deep stab wound to his shoulder which cut a major artery. The Quenans' carotid arteries and jugular veins were cut, as well as their larynxes, which would have prevented them from screaming. The coroner determined the assault lasted at least 15 to 30 minutes. Based on information received in their investigation, the police believed the crime occurred before midnight on September 6, 1989.

The Quenan's GMC van was missing. The theft of the van, the disarray of jewelry on the dresser and the scattered wallet contents on the floor suggested that burglary and theft were the motives for the murder. The police discovered an auto radar detector on top of the Quenan's garbage can in their backyard. Investigation showed this item had been stolen from a vehicle belonging to the Quenans' next door neighbor, Dr. Baker.

[93-0772 La. 4] While the investigation continued on Thursday, September 7, 1989, police obtained information that Willie Lee Tart had been in possession of several items of jewelry the evening of September 6, 1989. Sgt. Sherman Burrell of the Bastrop Police Department picked up Tart shortly after noon for questioning. Sgt. Burrell advised Tart of his rights at 1:30 p.m. and had him sign a waiver form indicating he understood his rights. Another waiver form was signed by Tart at 3 p.m., signifying he was again advised of his rights by Sgt. Burrell and Sgt. Freeman, who was in charge of the Quenan investigation.

Tart was wearing a LSU graduation ring with the initials "COB". He gave conflicting stories to how he obtained the ring, prompting further investigation. The police determined the ring belonged to C.O. Berry. This ring and other jewelry were stolen in a burglary of the Berry residence several weeks earlier.

At 3:21 p.m., Tart gave police a limited permission to search his bedroom. Tart's stepmother, Irma Peoples, also consented to the police search when officers arrived. Police found a small black purse which had various pieces of jewelry in it. A large watch with a white face was also seized from on top of a speaker. At about 4 p.m. Tart was arrested for possession of stolen [93-0772 La. 5] property. He was placed in a juvenile detention cell because minimum security cells were full.

Anita Robertson came to the police department and identified the white watch as her property, as well as one of the rings found in the black purse. She had earlier reported the burglary of her house to the police. Robertson told police she had spoken to Lillian Quenan on the afternoon of September 6, 1989, and that Mrs. Quenan told Robertson that she was missing jewelry and suspected one of the yard men. Robertson, Berry and the Quenans employed Cleveland Holmes for yard work; in September of 1989, Willie Lee Tart had worked for Holmes three to five months. Holmes and Tart had worked at the Quenan house September 5, 1989. For about an hour to an hour and a half, Tart had been working unsupervised on the opposite side of the house from Holmes.

The Quenans' van was discovered earlier in the day stuck in a ditch several miles from the Quenans' home and was processed for evidence. No fingerprints were discovered, but a reddish smear was preserved for testing. A person recalled seeing the van being driven in the area with the headlights off near 2 a.m. on September 7, 1989. Although Tart was considered a suspect in the Quenan homicides by some officers, the location of the abandoned van [93-0772 La. 6] gave the police additional suspects. Later that evening, police spoke to Tart's girlfriend, Cyrentheria Jackson. Jackson gave police a high school graduation ring which was later determined to belong to C.O. Berry. She also gave police a necklace, rings and watch which Tart had given her. At this point, none of the recovered jewelry linked Tart to the Quenan homicides.

On Sunday, September 10, 1989, Tart was allowed to visit with family. On either Sunday or Monday, Tart was moved to a maximum security area and placed in one of two cells. The other maximum security cell was occupied by another prisoner, Shelby Sneed.

On Monday, September 11, 1989, Tart was taken before a judge for his 72-hour hearing on the possession of stolen property charge. A $5000 bond was set; no attorney was appointed to represent him at that time. Also that day, Willie Jean Mason turned in two rings to police which she found on her son's dresser. Her son, Ruffin Mason, told police he received the rings from Tart's 15-year old half-brother, Kendale Leonard, on Sunday, September 10, 1989.

Later on September 11, 1989, police went to Tart's house to speak to Kendale Leonard. Leonard gave police a black purse he retrieved from beneath Tart's mattress and saw that it contained jewelry when the police [93-0772 La. 7] opened it in his presence at the station a little later. While Kendale was at the station, officers attempted to question Tart about the jewelry turned in to police. Sgt. Freeman and Sgt. Burrell advised Tart of his rights. In an oral statement, Tart admitted that he stole jewelry from various houses while doing yard work with Holmes. He specifically admitted he had burglarized the Berry, Robertson and Quenan homes. He stated he stole jewelry from the Quenans prior to the murders but was unsure of the date. The officers had Tart sign a waiver of rights form. They then tried to take a recorded statement, during which Tart invoked his right to counsel. The officers ceased questioning and Tart was arrested for three counts of burglary.

Later that evening, Sgt. Freeman and State Trooper Robert Buckley obtained a statement from Kendale Leonard. Leonard told the officers that Tart asked him during visiting on Sunday, September 10, 1989, to take the black purse and hide it away from the house. Leonard had not complied with this request but gave the black purse to police earlier in the evening. Leonard told police Tart had left the house on the evening of September 6, 1989, with a knife. Leonard also related he found reddish or rust-colored spots on the clothes Tart had worn that night. Leonard washed the clothes and used bleach and cleanser to remove the stains. Leonard told police Tart had admitted to [93-0772 La. 8] robbing houses, including the Quenans'. Jewelry in the black bag was later identified as belonging to the Quenans.

Shelby Sneed, Tart's cellmate, had been arrested September 9, 1989. Sneed had previously been an informant for the Bastrop Police Department. On two prior occasions, he was paid for his information. He had worked for Sgt. Burrell at his house in the past and had a friendly relationship with the officer. In his conversations with Tart, Sneed came to know that Tart had a brother who lived near the area where the Quenans' van was abandoned. On September 13, 1989, Sneed provided that information to Sgt. Burrell. Sneed told officers more information he learned from Tart but officers told Sneed that they already knew the information.

Later in the day on September 13, 1989, Tart confessed to Sneed that he had committed the Quenan homicides. Sneed suggested that Tart talk to the investigating officers and Tart agreed he wanted to make a statement....

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    ...683 So.2d 218, 239; State v. Taylor, 93-2201 (La. 2/28/96), 669 So.2d 364 (unpub'd app'x.); State v. Tart, 94-0025, p. 55 (La. 2/9/96), 672 So.2d 116, 164; State v. Copeland, 530 So.2d 526, 544-45 (La. 1988) (citing State v. Graham, 422 So.2d 123, 137 (La. 1982); State v. Sheppard, 350 So.2......
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1 books & journal articles
  • How and Why Race Continues to Influence the Administration of Criminal Justice in Louisiana
    • United States
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    • October 1, 2012
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