State v. Williams, 54089

• Decision Date: 25 April 1973
• Docket Number: No. 54089,54089
• Citation: 207 N.W.2d 98
• Parties: STATE of Iowa, Appellee, v. Edward Lee WILLIAMS, Appellant.
• Court: Iowa Supreme Court

Page 98

207 N.W.2d 98

STATE of Iowa, Appellee, v. Edward Lee WILLIAMS, Appellant.

No. 54089.

Supreme Court of Iowa.

April 25, 1973.

Thomas M. Kelly, Jr., Davenport, and Walter D. Braud, Rock Island, Ill., for appellant.

Richard C. Turner, Atty. Gen., Raymond W. Sullins, Asst. Atty. Gen. Edward N. Wehr, County Atty., for appellee.

Heard before MOORE, C.J., and MASON, LeGRAND, UHLENHOPP and HARRIS, JJ.

MASON, Justice.

This is an appeal from judgment sentencing Edward Lee Williams to life imprisonment following his conviction by a Scott County jury of murder in the first degree contrary to section 690.2, The Code. The State's case was tried on the theory the crime had been committed in Scott County, Iowa, whereas Williams defended on the basis the homicide was committed in the state of Illinois by someone other than himself.

A statement of the clashing testimony of the State's witnesses and defendant's witnesses is necessary at the outset. Faye Locke, age 20, who at times shared an apartment with defendant located at 131 1/2 West 16th Street in Davenport, was the State's principal witness. On a Thursday evening, May 8, 1969, Miss Locke and Miss Jearlean Campbell were driven to a tavern in East Moline, Illinois, by Bob Minor and Earl Connor. There, Miss Locke claims a conversation between the decedent, Virgil Slater, and both women resulted in an illicit engagement. She immediately informed defendant by telephone of her pending return to Davenport with Slater.

Slater then drove the women to Freemen's Tap in Davenport, where Miss Locke met the defendant at approximately 11:30 p.m. Miss Locke testified defendant instructed her to direct Slater to the address of 918 Harrison in Davenport and to then leave the car, together with Miss Campbell; he would then rob Slater. Before leaving the Tap she gave defendant a gun that he had purchased for her. The women subsequently followed defendant's instructions and as they were walking away from Slater's car Miss Locke allegedly heard defendant command Slater to 'put your hands on the wheel.' The women proceeded to the apartment at 131 1/2 West 16th Street; within five or six minutes defendant came to the apartment and declared, 'The guy didn't have any money.'

Defendant then left but returned twenty minutes later driving Slater's car. Miss Locke gave this account of her reaction: 'I went downstairs and I started to get in the right side and I saw a body laying on the floorboard. So I went around to the back on the driver's side and I asked Eddie Williams what happened. He said he shot the guy.' (Emphasis supplied) Defendant and Miss Locke then drove to the Neponset mine pits in Illinois where defendant concealed the body.

On the way back to Davenport defendant called the Davenport police to determine if anyone had heard a shot at 918 Harrison. Miss Locke could not, however, recall the route taken back to Davenport.

When defendant returned Miss Locke to the apartment at about 4:00 a.m. May 9, 1969, he gave her the gun. At approximately 9:00 a.m. that same morning, defendant, Miss Locke and Miss Campbell travelled to Chicago in Slater's car. The three drove back to Davenport the following Sunday, May 11, 1969. On the return trip defendant made two telephone calls, one to the Moline police department and one to the Davenport police department, to determine whether Mr. Slater's car had been reported as missing.

Miss Locke further testified she discovered the gun with which defendant allegedly shot and killed Slater missing from her apartment after a visit by four men, including Bob Minor and Earl Connor. She then reported the disappearance to defendant.

Charles Borgstadt, a detective sergeant for the Davenport police department, testified that on the morning of May 13, 1969, defendant voluntarily told him that early in the morning of May 9, 1969, Bob Minor and a large man described as an Indian came to his apartment to obtain an automobile seat cover. He located the seat cover and accompanied the two men to their automobile, identified as a green Ford, where he observed a body lying on the front floorboard. He then guided the men to the Neponset mine pits in Illinois where they disposed of the body. On cross-examination, Mr. Borgstadt gave this testimony concerning his conversation with defendant:

'Q. And who did he tell you did it? A. He told us that Earlie Connors and the--This was later. He told us Earlie Connors and Bob Minor had did it.

'Q. Did he tell you where they did it? A. At the rear of 918 Harrison Street.

'Q. And did he tell you whether or not he was present? A. No. Originally he told us that he was at his apartment when they came.

'Q. You say the reason he told you that is that you were going to be able to tie him to the motor vehicle, is that correct. A. That is correct.

'Q. Did he describe this Indian that came with Bob Minor to the house? A. As a large man is all. Of Indian descent.'

The witness further testified defendant stated he learned of the circumstances of the killing from Minor and Connor.

According to Hubert Fitzsimmons, a lieutenant detective for the Davenport police department, defendant led the police to Slater's body on May 13.

A fingerprint examiner for the Federal Bureau of Investigation testified on rebuttal that no fingerprints of Earl Connor or Robert Minor were found on the Slater automobile.

Defendant denied he shot Slater. His testimony portrays a fundamentally different situation: he claims Miss Locke approached him at Freeman's Tap and requested his permission to use the apartment at 131 1/2 West 16th Street for the purpose of having illicit sexual relations with Slater. Defendant refused, advising her to take Slater to 918 Harrison where, according to defendant, Miss Locke and Slater had previously engaged in such conduct. After Miss Locke left the Tap defendant discussed robbing Slater with Bob Minor, who defendant believed needed money to pay his rent.

Defendant testified he followed Slater and the two women to the address at 918 Harrison, returned to the Tap and disclosed the location of Slater to Minor. Defendant and Minor went to defendant's apartment to obtain a mask and gloves for Minor. At that time, Miss Locke and Miss Campbell were at the apartment and defendant then received a gun from Miss Locke. Defendant and Minor were driven back to the location of Slater's car by Earl Connor; they arrived at about 12:15 a.m. They found Slater asleep and Connor removed his billfold.

It was decided Slater should be taken back to East Moline, Illinois. Minor drove Connor's car and defendant rode in Slater's car which was driven by Connor. The men next stopped at defendant's home in East Moline. An argument ensued pitting defendant against Minor and Connor. Apparently provoked by Connor's possession of a gun (not certain whether his own or defendant's) defendant brandished a meat cleaver taken from the glove compartment of Slater's car.

At this point defendant's wife, Alice Williams, was noticed coming out of defendant's home. Simultaneously, defendant observed Connor strike Slater, who had become somewhat attentive, and then heard a gun shot. Defendant asserted he did not have possession of the gun but rather was attempting to meet his wife. Connor and Minor departed in Connor's automobile.

Defendant entered the home, discussed the incident with his wife, prepared a letter to be delivered to a police officer and walked out to Slater's car. Slater's body and the gun were lying on the floor. Defendant drove Slater's car to the apartment at 131 1/2 West 16th Street in Davenport and spoke with Miss Locke. He then drove to Neponset, Illinois without Miss Locke, disposed of the body and returned to the Davenport apartment at about 4:00 a.m. Defendant's remaining testimony concerning the trip to Chicago does not conflict with Miss Locke's testimony.

The testimony of Alice Williams substantially corroborates defendant's. Mrs. Williams said that between 12:00 midnight and 2:00 a.m. on Friday, May 9, she observed four men in a 1967 green Ford parked behind her apartment in East Moline, Illinois. As she opened the front door a shot was fired and, except for her husband, the men promptly left in another automobile. She testified defendant followed her into the house and wrote a letter to be delivered by her to a police officer if necessary. Defendant then left in the green automobile.

Jearlean Campbell, Miss Locke's companion on the night of May 8 stated she did not hear the remark 'put your hands on the wheel' as she and Miss Locke walked toward the apartment at 131 1/2 West 16th Street.

There was testimony decedent's car was a 1967 green Ford and that the fatal bullet was fired from a gun of the same caliber having the same rifling characteristics as the gun defendant received from Miss Locke.

As his six assignments of error defendant asserts: (1) he was denied effective assistance of counsel because the court denied his motion seeking funds for investigation; (2) he was denied effective counsel when the court overruled his timely motion for continuance; (3) the jury's verdict is contrary to the evidence; (4) the State failed to prove jurisdiction; (5) the court erred in the admission of improper evidence; and (6) the court erred in failing to grant a change of venue.

I. Under his first assignment defendant contends the trial court's denial of funds to secure an investigator violated his right to effective assistance of counsel afforded by Amendment 6 and denied him the guaranty of equal protection of the law under Amendment 14 of the United States Constitution.

Defendant filed application for an order to receive state-furnished funds for investigative purposes more than a month prior to the date defendant's trial was scheduled to commence. He asserted therein two reasons that justified his request:

'1. That the investigation is necessary and imperative for the defendant to adequately prepare for trial and to...