State v. Wood

Citation180 Ariz. 53,881 P.2d 1158
Decision Date11 October 1994
Docket NumberNo. CR-91-0233-AP,CR-91-0233-AP
PartiesSTATE of Arizona, Appellee, v. Joseph Rudolph WOOD, III, Appellant.
CourtSupreme Court of Arizona
OPINION

FELDMAN, Chief Justice.

A Pima County jury convicted Joseph Rudolph Wood, III ("Defendant") of two counts of first degree murder and two counts of aggravated assault. The trial court sentenced him to death for each murder and to imprisonment for the assaults. Appeal to this court from the death sentences is automatic. Ariz.R.Crim.P. 26.15, 31.2(b). We have jurisdiction under Ariz. Const. art. VI, § 5(3), A.R.S. §§ 13-4031 and 13-4033(A), and Ariz.R.Crim.P. 31.

FACTS AND PROCEDURAL HISTORY

Defendant shot and killed his estranged girlfriend Debra Dietz ("Debra") and her father Eugene Dietz ("Eugene") on Monday, August 7, 1989, at a Tucson automotive paint and body shop ("the shop") owned and operated by the Dietz family.

Since 1984, Defendant and Debra had maintained a tumultuous relationship increasingly marred by Defendant's abusive and violent behavior. Eugene generally disapproved of this relationship but did not actively interfere. In fact, the Dietz family often included Defendant in dinners and other activities. Several times, however, Eugene refused to let Defendant visit Debra during business hours while she was working at the shop. Defendant disliked Eugene and told him he would "get him back" and that Eugene would "be sorry."

Debra had rented an apartment that she shared with Defendant. Because Defendant was seldom employed, Debra supported him financially. Defendant nevertheless assaulted Debra periodically. 1 She finally tried to end the relationship after a fight during the 1989 July 4th weekend. She left her apartment and moved in with her parents, saying "I don't want any more of this." After Debra left, Defendant ransacked and vandalized the apartment. She obtained an order of protection against Defendant on July 8, 1989. In the following weeks, however, Defendant repeatedly tried to contact Debra at the shop, her parents' home, and her apartment. 2

Debra and Eugene drove together to work at the shop early on Monday morning, August 7, 1989. Defendant phoned the shop three times that morning. Debra hung up on him once, and Eugene hung up on him twice. Defendant called again and asked another employee if Debra and Eugene were at the shop. The employee said that they had temporarily left but would return soon. Debra and Eugene came back at 8:30 a.m. and began working in different areas of the shop. Six other employees were also present that morning.

At 8:50 a.m., a Tucson Police officer saw Defendant driving in a suspicious manner near the shop. The officer slowed her patrol car and made eye contact with Defendant as he left his truck and entered the shop. Eugene was on the telephone in an area where three other employees were working. Defendant waited for Eugene to hang up, drew a revolver, and approached to within four feet of him. The other employees shouted for Defendant to put the gun away. Without saying a word, Defendant fatally shot Eugene once in the chest and then smiled. When the police officer saw this from her patrol car she immediately called for more officers. Defendant left the shop, but quickly returned and again pointed his revolver at the now supine Eugene. Donald Dietz, an employee and Eugene's seventy-year-old brother, struggled with Defendant, who then ran to the area where Debra had been working.

Debra had apparently heard an employee shout that her father had been shot and was trying to telephone for help when Defendant grabbed her around the neck from behind and placed his revolver directly against her chest. Debra struggled and screamed, "No, Joe, don't!" Another employee heard Defendant say, "I told you I was going to do it, I have to kill you." Defendant then called Debra a "bitch" and shot her twice in the chest.

Several police officers were already on the scene when Defendant left the shop after shooting Debra. Two officers ordered him to put his hands up. Defendant complied and dropped his weapon, but then grabbed it and began raising it toward the officers. After again ordering Defendant to raise his hands, the officers shot Defendant several times.

A grand jury indicted Defendant on two counts of first degree murder and two counts of aggravated assault against the officers. Although he did not testify, Defendant did not dispute his role in the killings but argued he had acted impulsively and without premeditation. A jury found Defendant guilty on all counts. The trial court sentenced him to death for each of the murders and to concurrent fifteen-year prison terms for the aggravated assaults, to be served consecutively to the death sentences. This appeal followed.

DISCUSSION
A. TRIAL ISSUES

Defendant makes many ineffective assistance of counsel claims. Such claims generally should be pursued in post-conviction relief proceedings pursuant to Ariz.R.Crim.P. 32. Because they are fact-intensive and often involve matters of trial tactics and strategy, trial courts are far better-situated to address these issues. State v. Valdez, 160 Ariz. 9, 14-15, 770 P.2d 313, 318-19 (1989). We decline to address them here and turn instead to the other issues presented.

1. Admission of alleged "other act," hearsay, and irrelevant testimony

Defendant alleges that the trial court improperly admitted testimony from various witnesses, violating his confrontation and due process rights. Unfortunately, appellate counsel has failed to articulate separate grounds of objection to each portion of testimony. 3 We will, therefore, separate and address the challenged testimony in seven categories. Because the trial court is in the best position to judge the admissibility of proffered testimony, we review most evidentiary claims on a discretionary standard. See, e.g., State v. Prince, 160 Ariz. 268, 274, 772 P.2d 1121, 1127 (1989); State v. Chapple, 135 Ariz. 281, 297 n. 18, 660 P.2d 1208, 1224 n. 18 (1983).

a. Character evidence and prior acts

The trial court denied Defendant's motion to suppress evidence of his prior bad acts. Defendant alleges that the trial court improperly admitted testimony concerning his alleged violent acts against Debra in violation of Ariz.R.Evid. 404(a). We disagree.

Rule 404(a) generally precludes admission of other acts to prove a defendant's character or "to show action in conformity therewith" on a particular occasion. State v. Bible, 175 Ariz. 549, 575, 858 P.2d 1152, 1178, cert. denied, --- U.S. ----, 114 S.Ct. 1578, 128 L.Ed.2d 221 (1993). Evidence of certain types of prior acts is admissible, however, "for other purposes such as proof of motive opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident." Ariz.R.Evid. 404(b). This list of permissible purposes is merely illustrative, not exclusive. State v. Jeffers, 135 Ariz. 404, 417, 661 P.2d 1105, 1118 (1983), cert. denied, 464 U.S. 865, 104 S.Ct. 199, 78 L.Ed.2d 174 (1983), rev'd on other grounds, Jeffers v. Ricketts, 832 F.2d 476, 480-81 (9th Cir.1987); Morris K. Udall et al., ARIZONA PRACTICE-LAW OF EVIDENCE § 84, at 179 n. 6 (3d ed. 1991).

This court has "long held that where the existence of premeditation is in issue, evidence of previous quarrels or difficulties between the accused and the victim is admissible." Jeffers, 135 Ariz. at 418, 661 P.2d at 1119 (citing Leonard v. State, 17 Ariz. 293, 151 P. 947 (1915)). Such evidence "tends to show the malice, motive or premeditation of the accused." Id. at 418, 661 P.2d at 1119 (emphasis added). In some cases, of course, such evidence may also show lack of premeditation. In either event, it is relevant. Defendant's abuse of Debra falls squarely within this rule and, under the facts of this case, tends to show both motive and premeditation.

Premeditation was the main trial issue. The defense was lack of motive to kill either victim and the act's alleged impulsiveness, which supposedly precluded the premeditation required for first degree murder. See A.R.S. § 13-1105(A)(1). Defendant's prior physical abuse of and threats against Debra were relevant to show his state of mind and thus were properly admitted under Rule 404(b). See State v. Featherman, 133 Ariz. 340, 344-45, 651 P.2d 868, 872-73 (Ct.App.1982) (evidence of prior assault on victim admissible to show defendant's intent in murder prosecution).

b. Hearsay statements of Debra Dietz

A number of witnesses testified to statements made by Debra about her fear of Defendant and her desire to end their relationship. Defendant claims the trial court erred in admitting this testimony over a continuing objection that the statements were irrelevant and hearsay. 4 We address each contention.

Evidence is relevant "if it has any basis in reason to prove a material fact in issue or if it tends to cast light on the crime charged." State v. Moss, 119 Ariz. 4, 5, 579 P.2d 42, 43 (1978); Ariz.R.Evid. 401. We have found similar testimony relevant in analogous cases. For instance, in State v. Fulminante, evidence of the victim's fear of the defendant and their acrimonious relationship was relevant to the defendant's motive and admissible to refute defense claims that the relationship was harmonious. 161 Ariz. 237, 251, 778 P.2d 602, 616 (1989), aff'd, 499 U.S. 279, 111 S.Ct. 1246, 113 L.Ed.2d 302 (1991). 5 Contrary to Defendant's assertion, State v. Charo, 156 Ariz. 561, 754 P.2d 288 (1988), and State v. Christensen, 129 Ariz. 32, 628 P.2d 580 (1981), are consistent with this general rule. Those cases hold merely that evidence of the victim's fear of the defendant is not relevant to prove the defendant's conduct or...

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