Woodruff v. State, F-87-132

• Decision Date: 12 February 1992
• Docket Number: No. F-87-132,F-87-132
• Citation: 825 P.2d 273
• Parties: David Wayne WOODRUFF, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 273

825 P.2d 273

David Wayne WOODRUFF, Appellant, v. The STATE of Oklahoma, Appellee.

No. F-87-132.

Court of Criminal Appeals of Oklahoma.

Feb. 12, 1992.

An Appeal from the District Court of Oklahoma County; Jack R. Parr, District Judge.

David Wayne Woodruff, appellant, was convicted of First Degree Murder in Oklahoma County District Court Case No. CRF-86-3920, sentenced to death, and appeals. REVERSED and REMANDED for a NEW TRIAL.

David Autry, Asst. Appellate Public Defender, Norman, for appellant.

Robert H. Henry, Atty. Gen., Sandra D. Howard, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

PARKS, Judge:

David Wayne Woodruff, appellant, was convicted in Oklahoma County District Court Case No. CRF-86-3920 of Murder in the First Degree. Punishment was fixed at death according to the jury's recommendation.

Appellant was tried with his codefendant John Joseph Romano. They were accused of murdering and robbing Romano's friend, Lloyd Thompson, on July 19, 1986. Romano had previously worked for the decedent by setting up gambling parties for Thompson who gambled on a regular basis.

Ollie Irvin saw Thompson and a young man in the parking lot of the apartment complex where she and Thompson resided on July 19, 1986. She watched through her doorway as the young man changed a tire on Thompson's automobile. The man then followed Thompson to his upstairs apartment. Within a few minutes she heard very loud music from Thompson's apartment which was directly above her. She also heard loud banging and thumping noises which lasted several minutes.

Shortly thereafter, another neighbor who lived next door to Thompson, Daniel Powell, came to Irvin's door to ask if she knew why loud music was coming from Thompson's apartment. They tried to telephone Thompson from Irvin's apartment but received a busy signal. Powell then telephoned the police who forced open the door to Thompson's apartment and found that he had been brutally murdered.

Thompson had been stabbed and sliced with a knife some thirty times. He was stabbed twice in the heart and once in the spinal column, any one of which would have been fatal. Thompson was found without jewelry or cash, though he was known to carry large amounts of cash and wore a watch.

Daniel Powell testified at trial that he arrived home from doing laundry at approximately 11:30 a.m. on July 19, 1986. He saw a brown Mercury Cougar backed into a parking space at the apartment complex where he, Thompson, and Irvin lived. One man was seated in the automobile and another, whom he identified as Romano, was coming down the stairs of the complex carrying a grocery sack. He saw this man get into the Cougar and leave hastily. He noted the license plate number of the automobile because he was suspicious of the men.

The police discovered that the automobile driven by the men was registered in the name of Romano's girlfriend, Tracy Burnett. During the evening of July 19, 1986, Romano was arrested in Clovis, New Mexico, where he had driven in the same vehicle.

Appellant testified at trial and said that he in fact had been at Thompson's apartment the morning he was killed, but that Romano and Thompson had gotten into an argument and struck at each other with knives. He said that Thompson had fallen against him and that is why the clothes appellant had worn were saturated with blood. Romano also testified that he and appellant had gone to Thompson's apartment on the morning of July 19, 1986, to rob him. He had punctured one of the tires on Thompson's vehicle knowing that Thompson would be unable to change the tire because of a heart condition. This was done to prevent Thompson from leaving before Romano and appellant had a chance to rob him. In the meantime, Romano testified, he had told appellant he would not rob Thompson. Romano subsequently told Thompson that he had a flat tire and changed it for him. He went to the restroom at Thompson's apartment to clean up after changing the tire and when he came out, he saw appellant attacking Thompson with a knife. Romano refused to participate in the assault and did not know of any money or jewelry being stolen.

On appeal, appellant contends inter alia that the trial court erred in denying his and Romano's requests for severance of trial. Counsel for each defendant indicated prior to trial that their client would admit being at Thompson's apartment, but blame the other for the crimes. The prosecutor said that he would not introduce into evidence any statement by either defendant which implicated the other. At the hearing on the motion for severance, Romano's lawyer indicated that Romano would testify that appellant had stabbed the victim. Appellant's attorney said that appellant would testify Romano had stabbed the decedent.

The granting of severance is not a matter of right for a criminal defendant, but is a matter within the trial court's discretion. Faubion v. State, 569 P.2d 1022 (Okl.Cr.1977). Therefore, this Court in reviewing a trial court's denial of severance must do so to determine if there was an abuse of that discretion. Matricia v. State, 726 P.2d 900 (Okl.Cr.1986); Cooper v. State, 584 P.2d 234 (Okl.Cr.1978).

Severance of trial is for the purpose of preventing prejudice which would deny a defendant a fair trial. United States v. Calabrese, 645 F.2d 1379 (10th Cir.1981), cert. denied, 451 U.S. 1018, 101 S.Ct. 3008 69 L.Ed.2d 390. A trial judge must balance the inefficiency of separate trials against the prejudice the defendant asserts he will incur. The defendant has the burden of presenting evidence to show he will be prejudiced by the joinder. Hightower v. State, 672 P.2d 671 (Okl.Cr.1983).

This Court has previously held that when the defenses of codefendants are mutually antagonistic, pitting the defendants against one another, the trial court abuses its discretion in denying severance. Murray v. State, 528 P.2d 739 (Okl.Cr.1974). When defenses of codefendants are antagonistic to the degree of being mutually exclusive or irreconcilable, severance is warranted to insure that each will receive a fair trial. "Defenses are antagonistic where each defendant is trying to exculpate himself and inculpate his codefendant." VanWoundenberg v. State, 720 P.2d 328, 331 (Okl.Cr.1986), cert. denied 479 U.S. 956, 107 S.Ct. 447, 93 L.Ed.2d 395 (citation omitted).

The defenses of appellant and Romano are irreconcilable. Appellant testified that he and Romano went to Thompson's apartment to get appellant a job dealing blackjack. An argument ensued between Thompson and Romano, and Romano acting alone killed Thompson. Romano's version is entirely different. He claimed to have originally gone to Thompson's apartment with appellant for the purpose of robbing Thompson. Appellant attacked and killed Thompson after Romano had withdrawn from the scheme and thought the plan had been abandoned.

After carefully reviewing the record before the trial judge at the pretrial hearing when he was asked to decide the issue of severance, we cannot say that he abused his discretion in denying the motion. The attorneys for the codefendants at the hearing on the motion spoke only in terms of their defendant accusing the other of stabbing Thompson. Appellant's attorney told the trial judge that "my client will testify that [Romano] did the stabbing, that my client was not an active...