Talbott v. Com.

• Citation: 968 S.W.2d 76
• Decision Date: 19 March 1998
• Docket Number: No. 96-SC-643-MR,96-SC-643-MR
• Parties: Debra TALBOTT, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.
• Court: United States State Supreme Court (Kentucky)

Page 76

968 S.W.2d 76

Debra TALBOTT, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

No. 96-SC-643-MR.

Supreme Court of Kentucky.

March 19, 1998.

Kimberly A. Brooks, Covington, for Appellant.

A.B. Chandler, III, Attorney General, Ian G. Sonego, Criminal Appellate Division, Office of Attorney General, Frankfort, for Appellee.

COOPER, Justice.

Appellant was convicted in the Hart Circuit Court of complicity to murder and was sentenced to life in prison. She appeals to this Court as a matter of right. Ky. Const. § 110(2)(b).

On January 18, 1995, Appellant filed a missing person report with the Hart County Sheriff regarding her seventeen-year-old daughter, Christina Marie Poper, a/k/a Samantha Moore. She reported that her daughter had been last seen at home on January 16, 1995 at 10:00 p.m.

While searching the Green River area for a missing child on March 5, 1995, members of the Hart County Rescue Squad discovered Christina Poper's body in the Green River just below Rile Bridge near U.S. Highway 31W in Hart County. A subsequent autopsy revealed the cause of death to be a subdural hematoma due to blunt trauma to the head. An assistant state medical examiner testified that the injury could have been caused either by a blow to the head with an object or a fall from a high level to a lower level, but required a significant amount of force under either circumstance. On the same day, Kentucky State Police Detective Stan Harlow proceeded to the Meade County jail and obtained a written statement from Gerald Talbott, Appellant's husband and Christina's stepfather, who had been incarcerated on other charges. Gerald advised that he and Appellant had last seen Christina at about 10:30 p.m. on the night of January 16; that she was not at home when he awoke the next morning, but he assumed she had left for school; that when she did not return from school on January 17, he assumed she was staying overnight with a friend; and when the school reported her absent the next day, he and Appellant filed the missing person report with the sheriff's department.

On March 16, 1995, Harlow returned to the Meade County jail and obtained another written statement from Gerald Talbott, this time in the presence of Gerald's attorney, Vincent Yustas. In this statement, Gerald related that Appellant had killed Christina by unknown means on the night of January 16 and that Gerald's only involvement had been to assist in disposing of the body by helping Appellant dump it off the U.S. 31E bridge into the Green River. Armed with this information, Harlow proceeded to obtain a warrant for Appellant's arrest. Since the circuit judge, the district judge, and the trial commissioner were all out of the county, the warrant was issued by the circuit clerk, Conroy Harris. KRS 15.725(5).

At approximately 11:00 a.m. on March 17, 1995, Harlow proceeded to Appellant's residence with the warrant and knocked on the door. When Appellant answered the door, Harlow notified her that she was under arrest for the murder of Christina Poper. Although Appellant was not interrogated at that time, she was advised of her "Miranda rights," Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). She executed a written waiver of those rights, as well as a written consent to the search her residence and premises. The search revealed inter alia Christina's eyeglasses and a sleeping bag into which, according to Gerald's statement, Christina's body had been placed for transport from the residence to the U.S. 31E bridge. At approximately 2:30 p.m ., Appellant was taken to the old Hart County jail for booking, following which she was taken to the Larue County jail for incarceration.

While still at the old Hart County jail, Appellant gave Harlow a written statement in which she related that Gerald had killed Christina because they were having a sexual affair and he was afraid Christina might bring criminal charges against him. Appellant claimed in this statement that her only involvement had been to assist Gerald in disposing of the body by helping him dump it off the U.S. 31E bridge into the Green River.

At 4:00 p.m. on March 18, 1995, Appellant contacted Harlow by telephone from the Larue County jail and advised that she wanted to tell him "the whole story." Harlow proceeded to the jail and again advised Appellant of her Miranda rights. Appellant then gave Harlow another written statement, this time implicating herself not just in the disposal of Christina's body, but in complicity to the murder, itself. Because Gerald Talbott committed suicide prior to trial and Appellant did not testify in her own defense, Appellant's March 17 and March 18 statements constituted the only evidence introduced at trial describing the events leading up to the death of Christina Poper and the disposal of her body. Because Appellant claims the evidence against her was insufficient to support her conviction, or, in the alternative, that she was acting under the influence of extreme emotional disturbance during her participation in the crime, her March 18 statement is set forth verbatim (with misspellings and punctuation corrected).

On Sunday, Jan. 15, 95, Christina (Sam) went to church. She returned home and wanted to go to Maggie Rexford's house in Hodgenville. I took her there, and then returned home. After being home for awhile, Gerald told me about his relationship with Christina (Sam). She had come on to him in March of 1994. They had sexual contact several months thereafter until Sept. or Oct. 94. I called Kenny Poper, my son, in Wyoming. I asked him if he knew about Gerald and Christina (Sam). He said he did and for me to be careful because Gerald had wanted him (Kenny) to kill me for him. Kenny told me that the reason Gerald broke my nose was because he (Kenny) wouldn't kill me. Also, Gerald had come up with two different plans to kill me. After talking to Kenny, I confronted Gerald again. He told me more at this time. I was more hurt than mad at this time.

I then received a call from a boy I didn't know. He informed me of parties Christina (Sam) had been going to. Most of my anger was toward Sam (Christina). At about 11:00 p.m. EST, Christina (Sam) called home. She wanted to stay all night with her friend. I said she could.

During Sunday afternoon, we discussed how we could get rid of her and not get caught. We talked about shooting her, or choking her. We thought about burying her on our property. We decided not to use a gun because Kenny knew we had one, and I didn't want a mess to clean up. Gerald also talked about breaking her neck.

All during Sunday night, I stayed up. On Monday morning, I called Kenny again and talked with him. Gerald got up and we talked more. We left home and drove to the bridge over Green River. We discussed putting Christina's (Sam's) body in the river. We also looked for a more remote spot. I called Christina (Sam) at Maggie's house. I talked with Maggie. Christina (Sam) was still asleep. I told her I was coming to get Christina (Sam). A short time later, I called back and told Maggie that I would be there at about 4:00 p.m. and that she (Maggie) couldn't come home with us because Christina (Sam) and I had something to discuss. A little after 4:00 p.m. EST, I picked up Christina (Sam). We didn't talk much on the way home. When we got home, we both went inside. Gerald was home. We sat at the kitchen table. Christina (Sam) got something to eat. I told Christina (Sam) to go upstairs to her room and think about anything she had lied about. Later, I went upstairs and confronted her with the parties she had been to. She denied that. She then went downstairs and ate dinner. I went down also. I then confronted Christina (Sam) about the conversation I had had with Kenny. She said Kenny lies. She then went back upstairs. This time I told Gerald to go up with me. We had already planned that this would be a good time to kill her. Gerald had a short metal rod with him when we went upstairs.

Gerald had already made plans because he felt if Christina (Sam) was to leave home and all of this was to come out, he would go to jail and he didn't want to do that for having sex with Christina (Sam). We both felt that our relationship would be better with her out of the way.

When we went upstairs, Christina was on the bed. Gerald went behind the headboard. I sat down on the edge of the bed. I told Christina (Sam) that Gerald had told me everything. She just looked at Gerald. Gerald could not get into position at this time to hit her with the rod. Christina (Sam) got up and looked for notes Gerald had written her. She couldn't find them. Gerald and I went back downstairs. He wanted her to confess to starting the relationship so I would know he wasn't lying. Christina (Sam) came down. She sat at the table and was going to eat a grapefruit. I asked Christina (Sam), "What are we going to do about this problem?" She said we just go on. We did discuss the idea of her going to Maggie's to live.

At about 10--10:30 PM, Christina (Sam) went to bed. Gerald was in bed watching T.V. I sat on the edge of the bed. Gerald said if Christina leaves, he would go to jail. He planned to wait until Christina (Sam) went to sleep. He would go up to her room and have me on the stairs. He wanted to wake her and discuss their relationship so I could hear the truth. We laid in bed until 12:30 AM. Gerald went up. There was no light on. I went up part way then came back down to use the bathroom. Gerald was using his lighter to see by when I went back up. I heard Christina (Sam) say I really did love you to Gerald and said don't hurt me. At this point, Gerald reached over to a T.V. and turned it on so he could have some light. He was on top of her sitting on her legs. He was choking her with both hands. Her feet were at the head board and she was nude. Christina (Sam) was making a gurgling sound. I was at the top of the steps watching. Gerald told me to go downstairs and get a...