Zuck v. State

• Decision Date: 01 October 1975
• Docket Number: 6 Div. 794
• Citation: 57 Ala.App. 15,325 So.2d 531
• Parties: Richard Darnell ZUCK v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 531

325 So.2d 531

57 Ala.App. 15

Richard Darnell ZUCK v. STATE.

6 Div. 794.

Court of Criminal Appeals of Alabama.

Oct. 1, 1975.

Rehearing Denied Oct. 21, 1975.

Robert R. Bryan, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and David L. Weathers, Quentin Q. Brown, Jr., Asst. Attys. Gen., Birmingham, for appellee, the State.

DeCARLO, Judge.

In June of 1974, the appellant was placed on trial in the Circuit Court of Jefferson County on an indictment charging him with first degree murder.

A jury was selected and the State presented the following evidence:

At 6:16 A.M. on December 5, 1973, members of the Vestavia Fire Department responding to a radio dispatch went to the Zuck home on Beaumont Circle in Vestavia, Jefferson County, Alabama. Upon their arrival they were directed to a bedroom where they discovered the body of Gordon D. Zuck.

Captain Gerald of the fire department recalled there was a large amount of blood on the ceiling and walls of the room.

Sergeant Kines of the Vestavia Police Department was the first police officer on the scene and his description of the scene was the same as the fire captain's. He added that appellant arrived about 7:00 A.M. and became very emotional when told of Mr. Zuck's death.

During the search of the house for weapons, another policeman found a hatchet and a hunting knife. These items and the general area were dusted for fingerprints but none were identified as appellant's. A footprint was found on a newspaper near the chair where the body was found, but it was not the appellant's. A search of the basement revealed that the door leading into the house from the basement was open but nothing was found to indicate it had been forced.

J. O. Butler, the coroner, observed that rigor mortis had begun in the deceased, and he later concluded time of death to be approximately 12:05 A.M., with thirty or forty minutes range of error on either side of midnight.

Dr. Jean Garrick performed an autopsy on the deceased and estimated the time of death at about an hour and a half on either side of midnight. She recalled there was a total of eighteen lacerations to the scalp of deceased and these, along with the fractures to the skull, caused a large opening that exposed the brain. It was her opinion death was due to the brain injuries.

Morton Hall, a newspaper deliveryman testified that at approximately 2:30 A.M. on December 5, 1973, he saw a car parked in front of the Zuck house with a person standing at the driver's side. He identified appellant as that person.

Mrs. Douglas Hayes, owner of Plaza Cleaning Center in Vestavia, testified she knew appellant when he brought some cleaning in on December 8, 1973. When the clothing was separated for cleaning she noticed that a pair of pants bore dark reddish spots on the front of the legs. In her presence an employee removed the spots with a chemical used to remove blood stains. It was her judgment that the spots looked like blood.

Barbara Hodge and Alice Salter each testified they were former girl friends of the appellant and stated he had made various incriminating statements about his step-father's death.

During Barbara Hodge's testimony she recalled that on December 3, 1973, while she was eating lunch with the accused, he asked for a nerve pill. As she reached into her purse the appellant remarked, '. . . (D)o you have anything to bump off my ole man? . . . (M)y father is driving me nuts.' She laughed and appellant said he was serious. Barbara then responded she knew where he could get a 'hit man' real cheap. Later, after she returned to work, appellant phoned and told her that his parents were going bankrupt. He explained they wanted to merge with his company and he could not sit by and watch everything his mother had worked for go down the drain. Further, she stated that sometime between December 7 and Christmas Eve, Richard told her he was out with his mother and Alice Salter on December 4, 1973, and afterwards he and his mother went to his apartment for the remainder of the night.

Alice Salter testified she saw Richard and his mother on the night of December 4, 1973, in Rodeway Lounge where she worked. It was about 8:30 or 9:00 P.M. when they arrived and Richard left around 9:30 P.M. for about forty-five minutes. On his return he informed Miss Salter he was expecting a phone call which he subsequently received about 11:15 P.M. After the phone conversation appellant remarked, 'Alice, I got the money I needed, but you are going to hate me when you find out how I got it.' Before leaving, appellant told Miss Salter: 'Alice, daddy is dead . . . I'll explain to you later, meet me at the apartment when you get off from work.' Appellant then left the lounge with his mother.

Appellant lived directly above Miss Salter, and the next day around 5:00 or 5:30 A.M. she heard him enter his apartment. She phoned to ask if he would like some coffee and he said yes, bring it up. When she arrived at his apartment he received a telephone call. After hanging up he exclaimed, 'Daddy is dead, stay here in the apartment, don't leave until I get back.'

Each of the former girl friends admitted when she was initially contacted by the police they disavowed any knowledge of the homicide.

Through Gordon Zuck's business accountant it was established that deceased was losing money in some of his businesses and not showing a profit in others.

Testimony was elicited that deceased was insured for approximately two-hundred thousand dollars and Ruth Zuck, wife of the deceased, was the beneficiary of all except five thousand dollars. Approximately sixty-five thousand was assigned to the City National Bank of Birmingham.

The State Toxicologist testified he had examined the hatchet and that he did not find any traces of blood or hair.

William Earl Salter testified that he had seen his sister, Alice Salter, shortly before him that Richard Zuck had said, '. . . him that Richard Zuck had said, '. . . (T)here were three men in Birmingham on the day or at the time his father was killed and he believed they were responsible for his death and he also believed that they had some connection with organized crime.'

Upon completion of this testimony, the State rested and appellant did not offer any evidence.

The jury subsequently found Richard Zuck guilty of second degree murder and fixed his punishment at forty years.

Following his conviction appellant filed a motion for a new trial, contending among other things that the evidence was insufficient and new evidence had been discovered which absolved him of guilt.

In support of this motion the appellant presented the affidavit and testimony of his fifteen-year-old brother, Lou Zuck. He testified that on the night of his adopted father's death, he had gone to bed before midnight and was awakened between 3:00 and 4:00 A.M., by what he thought were his father's screams. He then ran to his father's room and saw Jennifer Worthington striking him with a rod or tire tool. At that moment Jackie Farris came from the doorway of the dressing room and instructed him to return to his bedroom and stay there. Lou ran back to his bedroom where he cried and prayed until approximately 6:00 A.M., when his mother and sister came to his room screaming. They informed him something had happened to 'Dad', and after they called the police, Lou ran down the street to get a doctor.

Although his mother and sister did not question him, Richard did when he arrived, and Lou answered he didn't know anything about it. It wasn't until the night of his brother's conviction on June 14, 1974, did he relate this story to anyone and then to his sister, Susan. Later that same night, Richard's lawyers were called and Lou told them what had occurred.

Further, Lou stated neither Jennifer Worthington nor Farris ever mentioned the incident or threatened him.

On cross-examination Lou admitted police officers had made numerous inquiries as to what he knew or heard on the night in question, and he told them nothing.

Lou appeared before the grand jury in December, 1973, and exercised his fifth amendment right to remain silent. It was only a the grand jury meeting following Richard's conviction that Lou related the foregoing facts.

At the conclusion of Lou Zuck's testimony, the State called Jennifer Worthington who presented this evidence:

In July, 1973, she began working as a secretary with the Automated theaters, a business owned by the Zuck family. At that time, Richard was involved with the sale of franchises and Susan Morton, his sister, was in charge of the accounting.

Jennifer recalled having more than one conversation with appellant prior to December 5, 1973, concerning the financial difficulties of the Zuck business. She remembers one specific conversation with Richard at the Vestavia Cinema two or three days before the Alabama-Auburn game. On that occasion Jackie Farris, John Farris and Susan Morton were also present. Richard and Jackie Farris discussed how Mr. Zuck could be killed without their involvement being discovered. Richard said it would be worth fifty thousand dollars to whoever did the killing.

Jackie Farris commented chloroform might be used if Mr. Zuck could be caught sleeping.

Around December 3, 1973, Richard told Jennifer that his mother had checks outstanding that could not clear the bank and the business was in financial trouble. He said his step-father would have to be killed or the business would go bankrupt.

On Tuesday, December 4, 1973, Jennifer talked with appellant in his office about 2:00 P.M. They were alone at the time and again Richard spoke of the businesses' financial difficulty. He added that something had to be done about his father very soon and inquired if she knew someone who would kill him. Jennifer remarked she was sure someone could be obtained for a price.

Richard left and sometime during the afternoon, Jackie Farris came to the office. Jackie said he had been thinking about what...