State v. Vaccaro

• Decision Date: 01 March 1982
• Docket Number: No. 81-KA-0660,81-KA-0660
• Citation: State v. Vaccaro, 411 So.2d 415 (La. 1982)
• Parties: STATE of Louisiana v. Joseph VACCARO.
• Court: Louisiana Supreme Court

Page 415

411 So.2d 415

STATE of Louisiana v. Joseph VACCARO.

No. 81-KA-0660.

Supreme Court of Louisiana.

March 1, 1982.

Rehearing Denied April 5, 1982.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Marion B. Farmer, Dist. Atty., William Alford, Abbott J. Reeves, Peter J. Garcia, Asst. Dist. Attys., for plaintiff-appellee.

M. Reggie Simmons, Franklinton, for defendant-appellant.

EDWARDS, Justice Ad Hoc. ^*

Defendant, Joseph Vaccaro, was indicted by the grand jury of Washington Parish on June 30, 1980, for the first degree murder of Faith Hathaway, a violation of LSA-R.S. 14:30. Defendant entered a plea of not guilty and was tried before a jury of twelve, beginning on October 20, 1980. The jury returned a unanimous verdict of guilty as charged on October 23, 1980. In the sentencing hearing that followed, the jury was unable to reach a unanimous verdict and the trial court imposed a life sentence, without benefit of probation, parole or suspension of sentence. The defendant now appeals this conviction and sentence on the basis of twenty-three assignments of error.

FACTS

On May 28, 1980, at approximately 4:30 A.M., the victim, Faith Hathaway, was picked up near the Lake Theatre Disco, a lounge in Mandeville, Louisiana, by Robert Lee Willie and the defendant, Joseph Vaccaro. Hathaway, who had been out that night celebrating her upcoming induction into the Army, apparently accepted their offer to give her a ride home. Instead of taking her home, Vaccaro and Willie took Hathaway to Fricke's Cave, a heavily wooded, secluded gorge located south of Franklinton in Washington Parish. There Faith Hathaway was raped and killed. One of the perpetrators repeatedly stabbed the victim in the throat while the other held her hands down. The victim's body was discovered on June 4, 1980, by Michael Varnado, an investigator for the District Attorney's Office. On June 3, 1980, Vaccaro and Willie were arrested in Hope, Arkansas on charges of aggravated rape, aggravated kidnapping and attempted murder of a St. Tammany Parish couple. On June 10th and 11th, 1980, while still in Arkansas, defendant and Willie gave statements in response to questioning by Investigator Michael Varnado of the Washington Parish District Attorney's Office, Officer Ronnie Pierce of the Louisiana State Police, Deputy Donald Sharp of the St. Tammany Parish Sheriff's Office and Deputy Richard Newman of the Washington Parish Sheriff's Office.

ASSIGNMENT OF ERROR NO. 1

By this assignment, defendant contends the trial court erred in failing to require the state to provide defendant with any exculpatory statements made by the defendant to law enforcement officers in Texarkana, Arkansas. Defense counsel argues that he made it abundantly clear at the hearing on the motion for discovery that defendant requested all such exculpatory statements but that the state nevertheless withheld the information.

Defense counsel filed a motion for pre-trial discovery and alternatively a prayer for oyer which requested, among other things, any exculpatory evidence. In response to this request, the state responded: "The state has none." Attached to the state's answer was, among other papers, transcribed statements of the defendant dated June 10, 1980 and June 11, 1980. Defendant filed a supplemental motion for pre-trial discovery and prayer for oyer. In this motion defendant asked the following question:

"7. At any time subsequent to his arrest, did the defendant deny knowledge pertaining to the alleged murder of Faith Hathaway? If so, state with specificity each and every occasion on which the defendant made such denials, to whom the denials were made, and when and where the said denials were made. (The defendant requests this information under the auspices of Brady v. Maryland.)"

In response to the above question, the state replied:

"7. Yes. The State knows of one such occasion. Tom Buell asked defendant while the defendant was in custody in Arkansas if he knew anything about the Hathaway girl and defendant did not answer any further questions. This is all State knows of denials at this time."

On August 12, 1980, the trial court conducted a hearing on the motion for pre-trial discovery. Defense counsel argued at the hearing that he "had information from what he read in the newspapers and through the district attorney's office that defendant made exculpatory statements." The prosecutor responded that he had heard hearsay accounts to the effect that exculpatory statements were made as to one of the crimes, and that as soon as he could find out to whom the statements were made, he would be glad to provide the information to defense counsel.

The trial court ordered the state to inform defense counsel of any of the information if the state was successful in making a determination what was said and which defendant made the statement. Defense counsel accepted the state's answer concerning defendant's denial of any knowledge pertaining to the murder as being sufficient. He reserved, however, the state's duty to obtain that information from Arkansas officials and provide defendant with the information at a later date. The court ruled the answer sufficient and the defendant noted an objection under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).

Defense counsel now argues that the state was aware of the fact that the defendant had denied knowledge of the death of Faith Hathaway because this fact was printed on the front page of a newspaper on June 9, 1980. He argues that at no time did the state disclose details of any conversation in which defendant denied knowledge of the murder.

It is well settled that the state may not suppress evidence that is favorable to the defendant and material to guilt or punishment when that evidence has been requested by defendant. United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1966); Brady v. Maryland, supra; State v. Scott, 400 So.2d 627 (La.1981); State ex rel. Clark v. Marullo, 352 So.2d 223 (La.1977). In United States v. Agurs, supra, the United States Supreme Court stated:

"The rule of Brady v. Maryland ... arguably applies in three quite different situations. Each involves the discovery, after trial, of information which had been known to the prosecution but unknown to the defense." (427 U.S. at 103, 96 S.Ct. at 2397.)

Defense counsel neither argued in the trial court nor asserts in brief what material was discovered by defendant which the state had in its possession. Rather, counsel merely asserts that the state never disclosed details of conversations in which defendant denied knowledge of the crime. Defendant's assertion that exculpatory information existed is based on newspaper articles which stated that the defendant denied knowledge of the murder. Defendant has failed to show that any such statements existed, or that the statements were material and exculpatory. See State v. Landry, 388 So.2d 699 (La.1980). The state furnished defendant with the only statement it claimed was within its knowledge.

Moreover, even if such statements existed, the nondisclosure did not so prejudice defendant that he was deprived of his constitutional right to a fair trial. The test for materiality, for purposes of Brady, is whether the admitted evidence creates a reasonable doubt that does not otherwise exist. United States v. Agurs, supra. An admission by the state that defendant had denied any knowledge of the victim's murder would not have created a reasonable doubt as to defendant's guilt in light of the substantial evidence against him. See State v. Hicks, 395 So.2d 790 (La.1981). Nor, under a lesser standard of materiality that may control specific requests for exculpatory material in advance of trial, would the evidence have likely altered the jury's verdict. See State v. Sylvester, 388 So.2d 1155 (La.1980). This assignment of error lacks merit.

ASSIGNMENTS OF ERROR NOS. 2 AND 3

By these assignments defendant contends that the trial court erred in refusing to require the state to disclose in pre-trial discovery motions whether the defendant had received medication or narcotics, and the number of hours of interrogation to which the defendant had been subjected prior to giving his taped statements.

Defendant sought this information in his supplemental motion for pre-trial discovery. In response to the questions, the state answered that it was not required to answer. During the hearing on the motions for discovery, the defendant argued that the evidence was needed in order to file a motion to suppress. The state argues that it was not required to answer and in fact did not know the answer. The trial judge ruled that the state's answer was sufficient.

In his brief, counsel for defendant asserts that Dr. Karlton Kemp of Texarkana, Arkansas prescribed drugs to the defendant in June, 1980. Defense counsel contends that the state's failure to furnish Dr. Kemp's medical records concerning Vaccaro precluded the defense from presenting evidence relative to Vaccaro's ability to knowingly waive his right to counsel before giving his statements to police. Defendant subpoenaed Dr. Kemp for a motion to suppress hearing to be held on October 16, 1980. On October 9, 1980, the doctor sent a letter to defense counsel stating that he would not be able to appear on that date, but was willing to give a deposition on any day available to defendant. No deposition was taken. Thus, even though defendant argues that he had no way of obtaining the amount and type of medication given to defendant other than by discovery, the record does not support his contention. Since defense counsel knew as much or more about the fact that defendant had been given medication, his failure to depose the doctor who allegedly administered the drugs invalidates his argument that the information was only available through discovery. Additionally, the state asserts in brief that the report of Dr. Karlton Kemp was given to ...