State v. Thomas M. Keenan, 90-LW-3859

• Court: Ohio Court of Appeals
• Writing for the Court: MATIA, J.
• Decision Date: 27 December 1990
• Docket Number: 90-LW-3859,57565
• Citation: State v. Thomas M. Keenan, 57565, 90-LW-3859 (Ohio App. Dec 27, 1990)
• Parties: STATE OF OHIO, Plaintiff-Appellee v. THOMAS M. KEENAN, Defendant-Appellant CASE

STATE OF OHIO, Plaintiff-Appellee v. THOMAS M. KEENAN, Defendant-Appellant

No. 57565

90-LW-3859 (8th)

Court of Appeals of Ohio, Eighth District Cuyahoga

December 27, 1990

Criminal appeal from Common Pleas Court, No. CR-232189.

John T Corrigan, Esq., Cuyahoga County Prosecutor, Justice Center 1200 Ontario Street, Cleveland, OH 44113 (For Plaintiff-Appellee).

David L. Doughten, Esq., Walsh & Doughten, 2000 Standard Building 1370 Ontario Street, Cleveland, OH 44113 (For Defendant-Appellant).

MATIA J.

Defendant-appellant, Thomas Keenan, appeals from his conviction for the offenses of: 1) aggravated murder (prior calculation and design); 2) aggravated murder (during the commission of a felony); 3) kidnapping; and 4) aggravated burglary. The appellant further appeals from the trial court's sentence of death. This appeal is not well taken.

I. THE FACTS

A. THE INDICTMENT

On October 6, 1988, the appellant was indicted by the grand jury of Cuyahoga County as follows: 1) one count of aggravated murder (prior calculation and design) with a felony murder specification in violation of R.C. 2903.01(A); 2) one count of aggravated murder (during the commission of a felony) with a felony murder specification in violation of R.C 2903.01(B); 3) one count of kidnapping in violation of R.C. 2905.01; and 4) one count of aggravated burglary in violation of R.C. 2911.11.

B. THE ARRAIGNMENT

On October 14, 1988, the appellant was arraigned wherein a plea of not guilty was entered to all four counts of the indictment.

C. JURY TRIAL - THE GUILT PHASE

On January 23, 1989, a jury trial was commenced with regard to the four counts of the indictment.

1. TESTIMONY ADDUCED ON BEHALF OF THE STATE OF OHIO

During the course of trial, the state of Ohio presented testimony from eleven witnesses:

a.) Elizabeth Balraj testified that:

1) Elizabeth Balraj was employed as the Coroner of Cuyahoga County (Tr. 27); 2) Elizabeth Balraj was an expert in the field of forensic pathology (Tr. 29); on September 25, 1988 an autopsy was performed on the victim, Anthony Klann (Tr. 29); 3) Anthony Klann was a well developed and well nourished nineteen-year-old male (Tr. 29); 4) an external examination of Anthony Klann revealed the existence of three stab wounds to the chest which included the front of the left upper chest approximately two band one-half inches in length, the front of the left lower chest approximately one and one-half inches in length and the middle right of the chest approximately two and one-half inches in length (Tr. 30); 5) an external examination of Anthony Klann further revealed a superficial incised wound across the neck, an incised wound across the neck and another incised wound on the head near the left eyebrow (Tr. 30); 6) an external examination of Anthony Klann revealed additional incised wounds on the left hand and wrist, the right forearm, back, lower back and scrapes and bruises on the chest, elbow and left knee (Tr. 30, 31); 8) the stab wound to the left upper chest resulted in a perforation of Anthony Klann's left lung (Tr. 31); 9) the stab wound to the left lower chest resulted in the perforation of Anthony Klann's left lung (Tr. 31); 10) the stab wound to the chest midline resulted in a perforation of the sac that covered Anthony Klann's heart (Tr. 32); 11) the wound to Anthony Klann's throat injured the muscles under the skin and perforated the trachea (windpipe) (Tr. 32); 12) Anthony Klann sustained bruising under the scalp (Tr. 33); 13) Anthony Klann possessed a blood alcohol content of .1% (Tr. 36); 14) the cause of Anthony Klann's death involved both stab wounds of the trunk (front of chest) and the incised wound of the chest (Tr. 46); and 15) the death of Anthony Klann was the result of a homicide (Tr. 46).

b.) Ronald Watson testified that:

1) on September 24, 1988, Ronald Watson was jogging on Liberty Boulevard when a body was observed lying in a prone position in the creek (Tr. 82); 2) Ronald Watson ran to the roadside and stopped an ambulance (Tr. 83); and 3) the Cleveland Police were called to investigate the body (Tr. 83).

c.) Paul Lewis testified that:

1) Paul Lewis was also known as "Stoney" (Tr. 112); 2) Paul Lewis had been acquainted with the appellant Thomas Keenan for approximately four years (Tr. 86); 3) the appellant owned a 1988 S10 Chevy truck, black in color (Tr. 87); 4) on September 22, 1988, the appellant was observed consuming alcohol at "The Saloon" (Tr. 87, 88); 5) the appellant was in the company of the victim, Anthony Klann (Tr. 88); 6) Paul Lewis did not observe any conversation between the appellant and Anthony Klann (Tr. 89); 7) Paul Lewis and the appellant left "The Saloon" an traveled to "Coconut Joe's" (Tr. 90); 8) Paul Lewis requested payment of the $70 owed by the appellant (Tr. 90); 9) the appellant provided Paul Lewis with one-fourth of a gram of cocaine and one-fourth of an ounce of marijuanaas payment of the debt of $70 (Tr. 90, 91); 10) Edward Espinoza, Joseph D'Ambrosio and Anthony Klann arrived at "Coconut Joe's" (Tr. 94); 11) Paul Lewis left "Coconut Joe's" at approximately 11:30 p.m. (Tr. 96); 12) Paul Lewis provided the police with a written statement (Tr. 99); 13) upon leaving "Coconut Joe's", Paul Lewis spent the remainder of the evening at the home of the bartender that was employed at "Coconut Joe's" (Tr. 100); 14) upon returning home the next morning, Paul Lewis discovered that the front door of his apartment had been kicked in (Tr. 101); and 15) Joseph D'Ambrosio was often observed in possession of a large Bowie knife (Tr. 103).

d.) Carolyn Rosell testified that:

1) Carolyn Rosell resided at 1893 East 120 Street with her daughter and James Russell (Tr. 176); 2) James Russell was also known as James Lightfoot (Tr. 176); 3) Carolyn Rosell was acquainted with the appellant Thomas Keenan, Paul Lewis and Edward Espinoza (Tr. 177, 178); 4) Carolyn Rosell provided the police with a written statement (Tr. 178); 5) on September 24, 1988 and at approximately 3:00 a.m., the appellant, Edward Espinoza and Joseph D'Ambrosio knocked at Carolyn Rosell's door (Tr. 179); 6) the appellant, Edward Espinoza and Joseph D'Ambrosio were searching for aul Lewis (Tr. 180); 7) the appellant stated that Paul Lewis had broken into the appellant's truck and had stolen papers, paperwork, drugs and money (Tr. 180); 8) Edward Espinoza held a baseball bat while Joseph D'Ambrosio had a knife in his possession (Tr. 181); 9) Carolyn Rosell was acquainted with Anthony Klann (Tr. 182); 10) he appellant stated "Where is Stoney [Paul Lewis]? We're looking for Stoney. Where's Stoney? We're going to kill Stoney. He ripped me off." (Tr. 182); 11) the appellant, Edward Espinoza and Joseph D'Ambrosio remained at Carolyn Rosell's home for a period of fifteen minutes (Tr. 182); 12) the appellant, Edward Espinoza and Joseph D'Ambrosio left the home of Carolyn Rosell (Tr. 183); 13) Edward Espinoza returned a short while later and stated "Well, we got Anthony [Klann] in the truck. We're going to do him in, drop him off." (Tr. 183); 14) the appellant, Edward Espinoza and Joseph D'Ambrosio appeared intoxicated and under the influence of drugs. (Tr. 187).

e.) James Russell testified that:

1) James Russell was also known as "Lightfoot" (Tr. 227); 2) James Russell resided with Carolyn Rosell at 1893 East 120 Street (Tr. 227); 3) James Russell was acquainted with the appellant Thomas Keenan, Edward Espinoza and Anthony Klann (Tr. 229); 4) James Russell provided the police with a written statement (Tr. 229); 5) James Russell was not acquainted with Joseph D'Ambrosio (Tr. 229); 6) on September 24, 1988, at approximately 3:00 a.m., the appellant, Edward Espinoza and Joseph D'Ambrosio knocked at James Russell's door (Tr. 230); 7) the appellant handed a parking ticket to James Russell which James Russell agreed to pay (Tr. 231); 8) Edward Espinoza was holding a baseball bat while Joseph D'Ambrosio had in his possession a Bowie knife (Tr. 232); 9) the appellant, Edward Espinoza and Joseph D'Ambrosio were looking for Paul Lewis (Tr. 232); 10) the appellant stated that Paul Lewis had stolen cocaine (Tr. 234); 11) Edward Espinoza returned a secondtime searching for Paul Lewis (Tr. 239); 12) the appellant, Edward Espinoza and Joseph D'Ambrosio appeared intoxicated and under the influence of drugs (Tr. 239); and 13) during his second visit, Edward Espinoza stated that a "contract" was out on Paul Lewis (Tr. 240).

f.) Mimsel Dendak testified that:

1) Mimsel Dendak resided at 12300 Fairview Court with Adam Flanik (Tr. 279); 2) on September 24, 1988, at approximately 3:00 a.m., Mimsel Dendak was awakened by screaming and shouting (Tr. 281); 3) Mimsel Dendak heard someone yell "I want my coke" (Tr. 281); 4) Adam Flanik proceeded to investigate the screaming and shouting (Tr. 281); 5) Mimsel Dendak heard kicking and slamming (Tr. 282); and 6) Mimsel Dendak provided the police with a written statement (Tr. 288).

g.) Adam Flanik testified that:

1) Adam Flanik resided at 12300 Fairview Court with Mimsel Dendak (Tr. 305); 2) Adam Flanik was awakened by Mimsel Dendak who had heard noises outside the window (Tr. 306); 3) Adam Flanik exited his home and observed the appellant banging on "Julian's" door (Tr. 307); 4) the appellant stated he was searching for Paul Lewis (Tr. 307) 5) the appellant stated that Paul Lewis had "ripped off" paperwork (Tr. 308); 6) the appellant started kicking and banging on Paul Lewis' apartment door (Tr. 308); 7) Edward Espinoza began pounding on Paul Lewis' apartment door (Tr. 308); 8) Adam Flanik observed Anthony Klann sitting in the back of the appellant's truck (Tr. 311); 9) Joseph D'Ambrosio was holding a knife on Anthony Klann (Tr. 311, 316); 10) Adam Flanik was approximately ten...