State v. Woolverton
| Decision Date | 14 April 2006 |
| Docket Number | No. 93,751.,93,751. |
| Citation | 131 P.3d 1253 |
| Parties | STATE of Kansas, Appellee, v. Ian WOOLVERTON, Appellant. |
| Court | Kansas Court of Appeals |
Patrick H. Dunn, of Kansas Appellate Defender Office, for appellant.
Steven J. Obermeier, assistant district attorney, Paul J. Morrison, district attorney, and Phill Kline, attorney general, for appellee.
Before ELLIOTT, P.J., GREEN and GREENE, JJ.
Ian Woolverton appeals from his jury trial convictions of criminal threat in violation of K.S.A. 21-3419 and telephone harassment in violation of K.S.A. 21-4113. First, Woolverton argues that the trial court erred in allowing the State to introduce evidence of his prior conviction for criminal threat. Woolverton objected to this evidence as being irrelevant. We disagree. Moreover, we determine that Woolverton's prior conviction was relevant to show the continued friction and discord between Woolverton and his former girlfriend before the current offenses. In addition, we determine that the discordant relationship evidence was admissible independent of the restrictions of K.S.A. 60-455. Therefore, we find no abuse of discretion in the trial court's admission of this evidence.
Second, Woolverton contends that there was insufficient evidence to convict him of criminal threat because the State failed to prove that the threat occurred in Johnson County. Woolverton maintains that the crime occurred in Missouri because that was his location when he made the alleged threat. We determine that part of Woolverton's crime was committed when he communicated the threat to the victim in Johnson County. Therefore, Woolverton's argument fails. Finally, Woolverton argues that the trial court erred in allowing the State to introduce his statements made to police detectives when he had not been given Miranda warnings. Nevertheless, because Woolverton was not in custody when he made those statements, the detectives were not required to give Miranda warnings. Woolverton's statements were freely and voluntarily given and were admissible at trial. Accordingly, we affirm.
On the morning of December 26, 2003, Officer Rod Smith was called to Cathy Rotski's home in Johnson County to investigate an incident that occurred between Rotski and Woolverton earlier that morning. Upon arriving at Rotski's home, Smith noticed that Rotski was a little agitated. Rotski told Smith that she had called Woolverton around 10:10 a.m. to inquire about why he had not shown up for his 10 a.m. visitation with their daughter. At the time, Woolverton was living in Missouri with his girlfriend, Melinda Edwards, and Rotski was living in Johnson County, Kansas. Woolverton told Rotski that he was sleeping. When Rotski asked Woolverton whether sleeping or visitation with his daughter was more important, Woolverton became angry. Rotski told Smith that she ended the telephone conversation by telling him not to come over to see his daughter.
After hanging up on Woolverton, Rotski received several more calls from him. Rotski told Smith that Woolverton had cursed, called her names, and threatened her life during the telephone calls. Rotski eventually stopped answering the phone and let Woolverton's calls go to her voicemail. While Smith was at Rotski's house, she called her voicemail and allowed Smith to hear three messages from Woolverton. These messages were later recorded by Detective Luke Roth and placed into evidence at trial. According to Rotski, she received approximately eight calls from Woolverton that morning.
Several days after the incident, Roth and another detective went to see Woolverton at the apartment where he was staying in Kansas City, Missouri. Woolverton told the detectives that when Rotski called him on the morning of December 26, 2003, she was upset and called him names because he had not called his daughter at 10 a.m. Woolverton said that he became angry and left three messages on Rotski's voicemail. Woolverton initially denied making any threats to Rotski and said that he could remember only that he was upset and cursing a lot during the three telephone calls. Nevertheless, Woolverton later admitted that he had told Rotski, "I'll fucking kill you," during one of the calls. Woolverton told the detectives that he had been angry when he made that statement to Rotski, that he was wrong for saying it, and that he would never hurt Rotski or his daughter.
Woolverton was later charged with criminal threat and telephone harassment. At trial, Rotski testified about Woolverton's threat to kill her during the telephone calls on December 26, 2003. According to Rotski, Woolverton became very angry when she told him that he could not see his daughter that day because he had failed to show up at 10 a.m. Woolverton began yelling and cursing at her. After she hung up on him, he called her back and said that he was going to kill her. Rotski testified that she was frightened and hung up on him. According to Rotski, Woolverton called her back and again threatened to kill her. Woolverton told her that she better not go out and that he was going to take their daughter and Rotski would never see her again.
Both Rotski's and Woolverton's testimony indicated that there were ongoing problems between them. According to Rotski, there were previous times when Woolverton would be late for the visits with his daughter and the visits would have to be rescheduled. Woolverton testified that approximately every 3 months, Rotski would stop letting him see his daughter. Moreover, Woolverton indicated that Rotski was calling him between 8 and 10 times a day in 2003. Edwards testified that Woolverton had received at least 30 calls from Rotski in 2003, some of which were angry and threatening.
Woolverton testified that when Rotski called on the morning of December 26, 2003, there had been no agreement for him to visit their daughter that day. Edwards testified that she had previously spoken with Rotski about either Rotski or Woolverton calling on December 26, 2003, to set up a time for their daughter to receive her Christmas gifts. When Rotski called on the morning of December 26, 2003, Edwards answered the phone and she could tell that Rotski was angry. After she handed the phone to Woolverton, Edwards could hear Rotski cursing at Woolverton. Edwards heard Woolverton threaten to kill Rotski during the telephone calls that morning.
Woolverton testified that he became upset with Rotski during their telephone conversation when she called him names and told him that she would take their daughter and run from state to state so that he could never see her again. Woolverton said that he made the three phone calls because he had been abused by Rotski for years. In his trial testimony, Woolverton admitted that he called Rotski names and that he told her he would "fucking kill" her during the phone calls. Woolverton testified that after he made the three phone calls, he felt terrible and wanted to apologize to her. Woolverton further testified that he had no thoughts of hurting Rotski or his daughter.
Woolverton testified that he "stooped to [Rotski's] level" that morning but had never done so before that. Woolverton testified that he had never before threatened Rotski. Nevertheless, the State, over defense counsel's objection, was able to question Woolverton about a March 2001 prior conviction where he pled guilty to criminal threat against Rotski.
The jury found Woolverton guilty of criminal threat and telephone harassment.
First, Woolverton argues that the trial court erred in allowing the State to introduce evidence of his prior conviction for criminal threat. Our standard of review concerning the admission of evidence, subject to exclusionary rules, is abuse of discretion. State v. Holmes, 278 Kan. 603, 623, 102 P.3d 406 (2004). "Discretion is abused only where no reasonable person would take the view adopted by the trial court." State v. Parker, 277 Kan. 838, 844, 89 P.3d 622 (2004). The party asserting the trial court abused its discretion bears the burden of showing such abuse of discretion. State v. Martis, 277 Kan. 267, 280, 83 P.3d 1216 (2004).
Before trial, Woolverton moved to prevent the State from mentioning any of his prior arrests or convictions, arguing that they were irrelevant to the State's case. Moreover, Woolverton maintained that any mention of his prior arrests or convictions would be improper and prejudicial to him. After a pretrial hearing, the State indicated that it did not intend to present evidence of Woolverton's prior convictions. Nevertheless, the State indicated that if Woolverton took the stand and put his veracity in issue, he would be questioned about his past crimes of moral turpitude.
At trial, the State introduced evidence of Woolverton's prior conviction for criminal threat during its cross-examination of Woolverton. Just before introducing this evidence, the prosecutor was questioning Woolverton about a statement he made during direct examination:
The prosecutor then asked that the jury be excused so that he could take up a matter with the trial court. At the bench and outside of the hearing of the jury, the prosecutor requested that he be allowed to introduce evidence of Woolverton's prior conviction:
"[The State:] In 2000, this defendant pled guilty to criminal threats against Cathy Rotski and, Judge, he has just said he has never threatened...
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State v. Woolverton, 93,751.
...to review the Court of Appeals' decision upholding his convictions of criminal threat and telephone harassment in State v. Woolverton, 35 Kan.App.2d 478, 131 P.3d 1253 (2006). Woolverton asserts that the district court erroneously admitted evidence regarding his prior conviction for crimina......
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Hired Opinions: Ethics and Expert Witnesses
...is not an advocate for one side or the other .. in the "˜swearing-for-hire business.'") [20] State v. Woolverton, 35 Kan.App.2d 478, 131 P.3d 1253, 1259 (2006). [21] Koch Ref. v. Jennifer L. Boudreaux MV, 85 F.3d at 1182 (citing Mayer v. Dell, 139 F.R.D. 1, 3 (D. D.C. 1991)); Rhodes v. E.I.......