Stuart v. State

• Decision Date: 04 December 2001
• Docket Number: No. 26661.,26661.
• Citation: 136 Idaho 490,36 P.3d 1278
• Parties: Gene Francis STUART, Petitioner-Appellant, v. STATE of Idaho, Respondent.
• Court: Idaho Supreme Court

36 P.3d 1278

136 Idaho 490

Gene Francis STUART, Petitioner-Appellant, v. STATE of Idaho, Respondent.

No. 26661.

Supreme Court of Idaho. Lewiston, October 2001 Term.

December 4, 2001.

Randall, Blake & Cox, Lewiston, for petitioner-appellant. Scott M. Chapman argued.

Hon. Alan G. Lance, Attorney General; Kenneth M. Robins, Deputy Attorney General, Boise, for respondent. Kenneth M. Robins argued.

KIDWELL, Justice.

Gene Francis Stuart was convicted of first degree murder by torture and sentenced to death. He appeals the district court's denial of his second petition for post-conviction relief, arguing that the monitoring or recording of telephone conversations between him and his attorney violated his constitutional rights.

I. FACTS AND PROCEDURAL BACKGROUND

In 1982, Gene Francis Stuart (Stuart) was convicted of first degree murder by torture for the beating death of three-year-old Robert Miller, the son of his live-in girlfriend, Kathy Miller. Stuart appealed his conviction and sentence, but this Court affirmed both in State v. Stuart, 110 Idaho 163, 715 P.2d 833 (1985) (Stuart I). In June of 1986, Stuart filed his first petition for post-conviction relief citing numerous grounds for relief. The district court denied the petition and this Court upheld that decision in Stuart v. State, 118 Idaho 865, 801 P.2d 1216 (1990) (Stuart II).

Stuart filed a second petition for post-conviction relief, citing new evidence that the Clearwater County Sheriff's Office (CCSO) had recorded confidential conversations between him and his attorney while Stuart was in jail. Specifically, Stuart questioned the discovery of the names and locations of three women he had been involved with in the past—Sheri Dally, Vicki Nelson, and Theresa Jacobson.¹ These women ultimately testified at his trial, recounting instances of abuse they suffered at the hands of Stuart. Their testimony aided the State in establishing the intent required for a first degree murder by torture conviction. The district court denied his petition again. This Court reversed in Stuart v. State, 118 Idaho 932, 801 P.2d 1283 (1990) (Stuart III). It first addressed whether a second petition for post-conviction relief could be filed. This Court held that the second petition was timely and proper because the new facts were unknown at the time of the first petition. Id. at 934, 801 P.2d at 1285. This Court held that there were sufficient facts to warrant an evidentiary hearing to determine "(1) whether there was recording of attorney-client conversations on the part of the Sheriff's Department and (2) whether the appellant's constitutional rights were violated." Id. at 935, 801 P.2d at 1286. The case was remanded to the district court for an evidentiary hearing on the above issues.

The district court bifurcated the hearing into two phases, after determining that if Stuart did not meet his burden of proof on the recording of conversations issue, it would not reach the question of whether his constitutional rights had been violated. Phase I focused solely on the recording of Stuart's conversations with his attorney. After the evidentiary hearing in Phase I occurred, the district court found that there was missing and/or destroyed evidence, which if in existence, would have documented Stuart's telephone use. However, the district court found that Stuart had not established that the State or its agents removed the missing evidence. Therefore, Stuart had not proven that his conversations with his attorney had been recorded or monitored.

Stuart appealed and this Court remanded the case to the district court. Stuart v. State, 127 Idaho 806, 907 P.2d 783 (1995), cert. denied, 517 U.S. 1234, 116 S.Ct. 1877, 135 L.Ed.2d (1996) (Stuart IV).² This Court found that the destruction of the missing and/or destroyed evidence could be attributed to the State, that Stuart was entitled to a favorable inference regarding the missing evidence, and that the spoliation doctrine applied in Stuart's favor. The case was remanded, with the district court instructed to determine what should be the scope of the favorable inference. Upon remand, the district court found that Stuart's conversations had been monitored by the CCSO. Based upon the district court's conclusion, the stage was set for Phase II.

Phase II addressed whether Stuart's constitutional rights were violated in light of the monitoring of his protected telephone conversations. Many witnesses either testified at the evidentiary hearing or their depositions were admitted without objection to them being considered the same as live testimony. The witnesses' testimony is summarized from the district court's holding and review of the transcript by the court as follows:

Nick Albers-Clearwater County Sheriff (at all times relevant to this case)

Albers testified to the following: he was called to the hospital on September 19, 1981, for what appeared to be a potential case of child abuse. From the beginning, he instructed his investigating team to find Stuart's past friends, family members, and acquaintances to obtain information about him. Because of Stuart's previous contact with the CCSO, Albers had the information necessary to request information from other law enforcement agencies in other states. Because Stuart was from Montana and because of an investigation involving Stuart and his son, Gene Lee, which mentioned Montana, investigators contacted agencies there. Because the CCSO had the information about a fugitive warrant from King County, Washington, they contacted agencies there. He also consulted with experts regarding child abuse in order to determine what questions to ask people being interviewed.

Albers' testimony outlines the investigation—how it progressed, who they contacted, and when information was received. The CCSO had all of the information needed to immediately send out teletype requests to other agencies. The initial contact with King County was through a teletype dated September 19, 1981, at 10:40 p.m. Based on information given to them by Stuart and Miller in initial interviews, the CCSO contacted various locations in Montana on September 20, 1981. On September 24, 1981, a CCSO officer picked up a packet containing background information on Stuart from Ravally County, Montana. Albers points out that finding someone in rural Montana is not that difficult and working with small, rural law enforcement agencies means the officers usually know the people in town. An exhibit, a King County offense report, contains Theresa Jacobson's name. King County officers also helped the CCSO make contact with Vicki Nelson's mom, who helped set up a meeting with Vicki. Stuart and Miller gave information about Sheri Dally. The investigation proceeded naturally—the CCSO followed up on leads received from interviews and the information provided by other agencies. Their investigation led them to all three women.

Steven Calhoun-former Clearwater County Prosecuting Attorney (currently a Magistrate Judge)

Calhoun testified to the following: he was familiar with Stuart due to other charges brought against Stuart prior to September 19, 1981. He told Albers on September 19 or 20, 1981, what type of evidence he would need in order to sustain a charge of murder by torture. There was knowledge of Stuart's contacts with Montana and Washington, so the investigation was directed to those states, among others. He became aware of the three women during the investigation. They were very willing to help, but he did not recall how they were located.

Kathy Miller-former girlfriend of Stuart and mother of victim

Miller testified to the following: on September 19, 1981, she told investigators about Sheri Dally who lived in Big Fork, Montana. From conversations with Stuart during the time they lived together and Stuart's address book, she knew about and told investigators about a former wife, Vicki, in Seattle.

Robert Rears-former Clearwater County Deputy Sheriff (currently a school teacher)

Rears testified to the following: he interviewed Miller on September 19, 1981. She told him that Stuart had an ex-wife, Sheri Dally, who lived with their son in Big Fork, Montana. He conducted numerous interviews with individuals who were believed to have had information about Stuart and his activities. On September 24, 1981, he transported a juvenile to St. Anthony's and stopped in Ravally County, Montana, to pick up background information on Stuart, although his log sheet does not reflect the detour to Montana. An exhibit is a note written by Rears after he took a message from Vicki Nelson, who gave an address and telephone number in Prattville, Alabama.

Randy Parsons-former Clearwater County Jail Administrator (currently employed by Lewis-Clark State College)

Parsons testified to the following: exhibits show that he made several telephone calls to Seattle, Washington and Montana on September 20, 1981 and thereafter. The exhibits show that he sent teletypes to obtain information about Stuart soon after his arrest.

Douglas Graves-former Orofino Police Department patrolman (currently employed by Department of Law Enforcement)

Graves testified to the following: the investigation was run as a child abuse case. Contacting former wives, girlfriends, and family members was a proper tool taught at the POST Academy. He accompanied Robert Harrelson, CCSO detective, to Medicine Lake, Montana to interview Sheri Dally. She mentioned Vicki and believed she lived in Woodinville, Washington.

Robert Harrelson-former Clearwater County detective investigator sergeant (currently chief deputy)

Harrelson testified to the following: Harrelson interviewed Stuart on September 19, 1981, after the victim's death. Stuart admitted to a former marriage to Sheri Dally, with whom he had a son, Gene Lee. He stated that Dally had lived in Kalispell, Montana, but last he heard, they had moved to Big Fork, Montana. Stuart admitted to being arrested in Orofino on a fugitive warrant....