Steese v. State
| Decision Date | 19 May 1998 |
| Docket Number | No. 27197,27197 |
| Citation | 114 Nev. 479,960 P.2d 321 |
| Parties | Frederick Lee STEESE, Appellant, v. The STATE of Nevada, Respondent. |
| Court | Nevada Supreme Court |
On June 4, 1992, Detective Norval Risenhoover ("Risenhoover") of the North Las Vegas Police Department responded to a report of a dead body at the Silver Nugget Camperland. Risenhoover entered a camping trailer and saw the body of a nude male stretched across the floor in the doorway between the bedroom and the bathroom. The man's body had multiple stab wounds on the upper torso, head, and neck. An orange towel was draped over the face. It appeared that a struggle had taken place. Bathroom fixtures had been broken and a curtain valance in the bedroom had been pulled from the wall. Blood was spattered throughout the bathroom and had soaked through the mattress in the bedroom. There was a broken candle and a candle base on the floor. In addition, the trailer was apparently ransacked. Cabinets had been opened and their contents strewn about the bedroom, kitchen, and bathroom. Risenhoover found an empty cabinet which appeared to have recently held a television set and VCR.
Risenhoover determined that the body was that of Gerard Soules ("Soules"). Soules had been discovered by his employer, Mike Hartzell ("Hartzell"), who was the entertainment director for Circus Circus, the Excalibur, and the Luxor Hotel-Casinos. Soules performed a "fun and family oriented" act at Circus Circus which involved dogs trained to perform tricks in ballerina costumes. Soules was usually very dependable, so Hartzell became concerned when he missed a performance. Hartzell went to the Silver Nugget Camperland, a trailer park in North Las Vegas, and asked which space was rented by Soules. He knocked on Soules' door and, when there was no answer, opened it. Hartzell noted that the windows to the trailer were open, but that Soules' truck was gone. He heard dogs barking in the back of the trailer. Immediately feeling that something was wrong, Hartzell closed the door and found the trailer park manager and two security guards. The four returned to the trailer and discovered Soules' body. One of the security guards notified the North Las Vegas Police Department.
Sandra Neilson ("Neilson"), a police identification technician, also responded to the call. She took samples of blood, dusted for fingerprints, and photographed the crime scene.
On June 4, 1992, Risenhoover spoke with Michael Moore ("Moore"), one of Soules' neighbors. Moore stated that he had seen Soules with two men, separately, on the night of June 3, 1992. Moore described one of these men as 5'8" trailer for the previous two or three weeks. The other individual was younger and had blonde hair. Moore saw the younger man leave on a motorcycle that evening, but he did not see the first man leave.
On June 6, 1992, the manager of the trailer park notified Risenhoover that a letter arrived addressed to "Fred Burke," care of Gerard Soules. The police subsequently discovered that "Fred Burke" was an alias used by appellant Frederick Lee Steese ("Steese"). The letter was from Rick Rock ("Rock") of Pocono Pines, Pennsylvania. On June 10, 1992, Risenhoover contacted Rock. Rock informed Risenhoover that to his knowledge, Steese lived in Las Vegas. Risenhoover asked Rock to notify him if he heard from Steese. In addition, Rock gave Risenhoover permission to open the letter. Rock later telephoned Risenhoover and gave him the number of a pay phone in Indiana at which Steese could be reached.
Steese was a self-described hobo: a drifter who travelled by hitchhiking, jumping trains, and stealing trucks. He earned his living through a combination of odd jobs, panhandling, and petty crimes. At one time, Steese had hitched a ride with Rock, and the two apparently developed a sexual relationship.
On June 12, 1992, Risenhoover telephoned Steese at the number supplied by Rock. Risenhoover informed Steese that he was investigating the murder of Soules. Steese asked where and how Soules had been killed. Risenhoover told him that Soules had been stabbed while in his home, but he did not tell Steese how many times Soules had been stabbed. 2 Steese told Risenhoover that he was a friend of Soules and had been living with him in Las Vegas, but that he had left on friendly terms on June 4 or 5, 1992. Risenhoover then obtained Steese's social security number and birth date. Steese told Risenhoover that he could be reached through Rock. Steese then telephoned Rock.
After speaking with Steese, Rock called Risenhoover and told him that Steese had called. Rock told Risenhoover that Steese had told him Soules had been stabbed over one hundred times. Risenhoover took note of this because he had not told Steese the actual number of stab wounds, nor had that information been in news reports of the crime. At trial, Steese testified that he simply made up the number.
Steese testified that Rock advised him to return to Las Vegas in order to "straighten this out." Steese jumped a train from Indiana to Portage, Wisconsin. In Portage, he stole a semi truck, which he drove to Nevada. Steese testified that during this trip, he kept himself awake with "speedballs," a mixture of cocaine and heroin. On June 18, 1992, at about 10:30 a.m., Steese was stopped for speeding near Alamo, Nevada, by two Nevada Highway Patrol troopers. Trooper Joseph Lawrence ("Lawrence") testified that Steese did not appear to be under the influence of drugs or alcohol at the time. The two troopers discovered that the truck was stolen and arrested Steese. In the cab of the truck, Lawrence found an address book with Soules' address in it. Lawrence remembered that Soules' murder was being investigated, so he notified the North Las Vegas Police Department. The highway patrolmen then took Steese to the Clark County Detention Center.
Steese was taken into custody by the North Las Vegas Police at about 3:30 p.m. that day. Steese waived his Miranda rights and was interviewed by Risenhoover and James Jackson ("Jackson"), another detective. Steese filled out a written questionnaire in which he stated that he knew Soules, but that he did not have any information regarding Soules' death. Jackson, who was trained in interpreting such questionnaires, noted a number of points at which verbal cues indicated that Steese was attempting to deceive the detectives. Upon further questioning, Steese stated that if he killed Soules, he did not remember. Shortly thereafter, Steese admitted that he killed Soules, but it was because Soules had chained him to the bed with dog leashes and was about to sodomize him with a toilet plunger. Risenhoover pointed out that neither leashes nor a toilet plunger was found at the scene. Steese next told the detectives that Soules owed him money, so he went to Soules' home to collect it, and an argument about money escalated into a fight that left Soules dead. Risenhoover pointed out that all the nightlights had been unplugged, indicating a burglary. At that point, Steese admitted that he simply intended to rob Soules, but that Soules awoke during the course of the burglary.
At 9:40 p.m., Steese began making a transcribed confession to Risenhoover and Jackson. Steese stated that he had hitched a ride with Soules near the end of May 1992. The two had dinner together that evening and formed a sexual relationship. Soules asked Steese if he wanted to work as his assistant in the dog act. Steese accepted the offer. Soules introduced Steese to Hartzell, who told Steese that he would need to obtain a sheriff's work card in order to work at Circus Circus. Steese attempted to obtain this card, but his application was denied due to a parole violation in Florida. Steese decided to move on, so Soules dropped him off at a freeway exit ramp. Steese then purchased and drank a twelve-pack of beer. Intoxicated and impecunious, Steese decided to return to Soules' trailer in order to steal his VCR.
When it became dark, Steese went to Soules' trailer. He entered and pulled out all the nightlights in order to make the trailer completely dark. While removing the VCR, Steese heard Soules stirring in the bedroom, so he grabbed "an object that was round and heavy" and struck Soules' head with it. Soules ran into the bathroom and shut the door. Steese obtained a knife from the kitchen, then "rushed in there [the bathroom] and stabbed him in the chest and stomach area, slicing him and he was quiet, he fell to the ground." During the confession, Risenhoover asked Steese how many times he had stabbed Soules, to which Steese replied,
Steese stated that he then covered Soules' face and searched throughout the trailer for anything of value. He took a camera, a television set, and a VCR, as well as the knife he used to stab Soules. Steese loaded these items into Soules' truck, which he drove toward Lake Mead. Steese stopped at a bait shop on the way and sold the television set, VCR, and camera to someone for $100.00. Steese then purchased another twelve-pack of beer at the bait shop. He took this beer to Lake Mead and turned off the main road in order to dispose of the knife. The truck got stuck in a wash near Lake Mead. Steese and some onlookers attempted to free the truck by using parts of dog cages which were in the back of the truck. They were unable to free the truck, so Steese sat in the truck and drank his beer. He then hitchhiked back to Las Vegas and from there jumped trains to Cheyenne, Wyoming.
In Cheyenne, Steese stated that he met a...
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