Todd v. State
| Decision Date | 28 May 1985 |
| Docket Number | 7 Div. 340 |
| Citation | 472 So.2d 707 |
| Parties | James Harry TODD v. STATE. |
| Court | Alabama Court of Criminal Appeals |
William D. Scruggs, Fort Payne, for appellant.
Charles A. Graddick, Atty. Gen., and Richard L. Owens, Asst. Atty. Gen., for appellee.
Appellant was indicted for the offense of murder, in violation of § 13A-6-2, Code of Alabama (1975). After appellant waived his right to a trial by jury, the evidence was presented to the trial court ore tenus, and appellant was convicted of murder. Pursuant to the provisions of the Alabama Habitual Felony Offender Act, the appellant was sentenced to life without parole. From this conviction and sentence, appellant has filed the present appeal. As grounds for this appeal, appellant argues that: (1) appellant's confession was improperly admitted into evidence; (2) the State failed to prove corpus delicti; and (3) the trial court improperly denied the appellant's pro se motion for discovery. For the reasons outlined below, these arguments are decided against the appellant and the decision of the trial court is due to be affirmed.
Although the sufficiency of the evidence is not an issue on appeal, an outline of the relevant portions of the testimony presented at the trial court level is set out herein.
On behalf of the State, Wayne Parker, Assistant Chief of Police and Chief Investigator, was called to the stand. According to Parker's testimony, the appellant was in jail on a matter unrelated to the present case when he volunteered to give Parker certain information. In particular, the appellant asked Parker if he would "like to know where there was a body." After this conversation, the appellant led Parker (along with John Paul Johnson and Edward White) to the place where the body of the deceased, Stanley Carvine Tucker, was found. The trip to the "mountain" where the body was found occurred on April 20, 1983. At that time, the appellant told the witness that Tucker had been killed by "Cosmos" Hurst.
Parker identified State's Exhibit # 1 as a photograph which showed the decomposed body as it appeared that day. Approximately one month and three days had elapsed between the time that Tucker was killed and the time that his body was discovered and this picture was taken. Additionally, Parker identified State's Exhibit # 2, which showed a recent picture (within six months) of the deceased as he appeared before his death.
On April 21, 1983, at 12:26 p.m., a search of the appellant's premises was made with the appellant's consent. At that time, Parker did not have a search warrant and was looking for clothing that might belong to the deceased. As a result of the search, a suitcase was taken into custody by the police.
On the night of April 26, 1983, the appellant called Parker at home and told him he wanted to talk to him. After Parker gave the appellant his Miranda rights, a statement was made. The statement was taken at 8:52 p.m., instead of during regular hours, because it was made at the specific request of the appellant. Parker stated that he was contacted by the appellant at his home that night and "did not contact Mr. Todd in reference to the statement." At the time the statement was made, Parker testified that the appellant did not appear to be under the influence of any drugs and appeared to be aware of what he was doing and saying.
On behalf of the State, John Paul Johnson, Detective, Ft. Payne Police Department, testified that he went with Investigator Parker in April of 1983 to Sand Mountain
to search for the body of a possible murder victim. Once the body was located, Johnson stayed with the body until it was removed by the evidence people.
On behalf of the State, Edward C. White, Forensic Lab Analyst, State of Alabama, testified that he went with Detective Johnson and Investigator Parker to the mountain to search for a possible murder victim. The body of the deceased was located, and White stated that the body was that of a white male. White stated that the body was turned over to the state pathologist, Dr. Aguilar. When recalled to the stand, White testified that the body of the deceased was fully clothed at the time it was delivered to Dr. Aguilar. Both the body and the clothes were turned over to Dr. Aguilar between 4:00 p.m. and 5:00 p.m.
On behalf of the State, Noel Hicks, Investigator, DeKalb County Sheriff's Department, testified that he accompanied Parker and others to Sand Mountain in April, 1983, when the body was found. Approximately one week later, Hicks was told by Johnny Payne that a jacket could be found where the body was located. Based on this information, Hicks went back to the scene and, with the help of Johnny Payne, recovered a vinyl leather jacket. Hicks testified that the jacket had not been retrieved at the time the body was discovered because it was hidden under a rock near the water and could not be seen unless one knew that it was there.
Hicks further testified that he talked to Linward Hurst 1 concerning a pistol which he had purchased from the appellant. Hurst surrendered to Hicks a .38-caliber pistol, which was put into the evidence box, along with other evidence. The witness also testified that he was present when the appellant's home was searched and observed blood on the walls of the house. According to the appellant, however, the blood on the walls was the result of the appellant "shooting-up" drugs.
Because of some time limitations, this witness was called to testify out of turn. Mrs. Norrell was called on behalf of the defendant and testified that she is the Director of Medical Records at the Baptist Medical Center in Ft. Payne. Based on her verification, a xerox copy of a report dated April 19, 1983, describing the treatment of James Harry Todd was admitted into evidence as Defense Exhibit # 1.
On behalf of the State, Eddie Wright, Investigator, DeKalb County Sheriff's Department, testified. This witness testified as to certain items of evidence and their chain of custody. Certain items of clothing were identified and marked as State's Exhibit # 6. Additionally, some personal items belonging to the deceased were found on April 26, 1983, and these items were also marked as exhibits. This witness stated that he participated in a search of the appellant's "Section residence." 2
On behalf of the State, Cosby Linward Hurst 3 testified that he had seen the appellant some three or four times in March or April of 1983. Hurst stated that his dealings with the appellant concerned the possible sale of a car. When there was some question about the title of the car, however, Hurst told the appellant that he did not want to get involved. On March 20, 1983, the appellant asked Hurst if he would like to buy a pistol. Although Hurst purchased the pistol, he later sold it. When he On cross-examination, Hurst stated that he was not an authority on guns and had simply gone back to the boy that he had traded it to in order to retrieve it. Hurst also testified that he had been convicted of murder and was out on bond at the time the police officers talked to him concerning the gun. Hurst added, however, that he did not have any "deal" with the district attorney's office. Since he did not know the serial number of the gun, Hurst stated that he could not "swear to it" that it was the same gun.
was subsequently questioned about the gun, he retrieved the pistol, bought it back, and gave it to Investigator Hicks. After Hurst identified State's Exhibit # 4 as an old "Allen-head" or "lemon squeezer," he stated that he was "nearly positive" that this was the same gun he had bought from the appellant.
On behalf of the State, Don Wagner, Deputy Sheriff, DeKalb County Sheriff's Department, testified that he had taken certain evidence items to the lab.
On behalf of the State, Brent Wheeler, Criminalist, Alabama Department of Forensic Sciences, Huntsville, testified. He identified State's Exhibit # 4 as an "H & R caliber .38 S & W which is 38 short top break 5 shot revolver." As to State's Exhibit # 6, this witness testified that the bag contained a shirt, jeans, belt, and socks. These items were received April 21, 1983.
On behalf of the State, Chuck Nelson, Deputy Sheriff, DeKalb County Sheriff's Department, testified that State's Exhibit # 7 consisted of certain documents, personal papers, and a property bond in the name of Stanley Tucker. These items were found on the morning of April 26, 1983, at the top of the mountain near a trash dump.
On behalf of the State, Charles McGee, merchant and bondsman, testified that he had received money from Stanley Tucker's family in March of 1983 to make his bond. After getting Tucker out of jail, McGee took him to the bus station so that he could return home. While they were waiting, Tucker went across the street to Wendy's to make a phone call. When he returned, Tucker got his suitcase and went back to Wendy's, and that was the last time that this witness saw him. This occurred on March 15, 1983.
McGee identified State's Exhibit # 5 as the suitcase which Tucker had with him on this date. Additionally, this witness identified Tucker as the person in the photograph which was marked as State's Exhibit # 2. This witness testified that the deceased was wearing blue jeans and tennis shoes on the day in question, as well as a belt with a "different type buckle." At that point, State's Exhibit # 6 was identified by the witness as the buckle which Tucker wore that day.
On cross-examination, McGee testified that Tucker had been in jail on a burglary charge. Additionally, he testified that it would not be unusual for inmates to trade or swap a belt buckle or coat or "anything else" with someone else in jail for cigarette money. On re-direct, this witness testified that on March 15, 1983, Tucker was wearing this particular...
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