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State v. Robertson

Supreme Court of Louisiana

June 30, 2015



Hon. Keith A. Stutes, District Attorney, Roger P. Hamilton, Jr., Assistant District Attorney, LAFAYETTE PARISH DISTRICT ATTORNEY'S OFFICE; Hon. James D. Caldwell, Attorney General, LOUSIANA DEPARTMENT OF JUSTICE, For Applicant.

Edward John Marquet, EDWARD J. MARQUET, PLC, For Respondent.

CRICHTON, J., additionally concurs and assigns reasons.


Page 617

[14-0945 La. 1] PER CURIAM

In this cold-case prosecution initiated over 12 years after the victim died, the state charged defendant by grand jury indictment with second degree murder in violation of La.R.S. 14:30.1. After trial by jury, defendant was found guilty of manslaughter and sentenced to 40 years' imprisonment at hard labor. On appeal, the Third Circuit reversed defendant's conviction and sentence after finding that the evidence presented at trial did not support a verdict for either the charged offense or for its responsive verdict of manslaughter, an apparent compromise, and entered a judgment of acquittal. State v. Robertson, 13-1234 (La.App. 3 Cir. 4/2/14), 135 So.3d 1275. We granted the state's application to review the decision below. After briefing and argument and independent review of the record, we find ourselves in agreement with the court of appeal and affirm.

The victim in the present case, an 86-year-old woman, died sometime between the afternoon of Tuesday, October 6, 1999, and mid-afternoon of Wednesday, October 7, 1999, when she was found on the floor of her kitchen, with three plastic grocery bags lying just beyond reach of her outstretched hand. The home had been ransacked. A VCR and silverware had been taken, groceries removed from the plastic bags, and a wedding ring slipped off her finger. The [14-0945 La. 2] curtains normally open had been closed and flower pots moved from the window sill to the kitchen counter. According to one of the officers first on the scene, Sergeant Terrance Oliver with the Lafayette Police Department, " [i]t didn't look like she had any kind of trauma to her as far as physical confrontation. Nothing in the kitchen appeared to be strewn about or anything like that." The autopsy report introduced by the state attributed the cause of the victim's death to sudden cardiac arrest caused by severely narrowed coronary arteries.

In the state's theory of the case, the victim's heart simply gave out when she returned from shopping and at some point thereafter confronted an intruder in her home during the commission of an aggravated burglary. Although initial examination of the latent fingerprints on the sliding door evidently pried open with a screwdriver to provide entry, and on a blue metal found in the living room, had proved negative, reexamination of the prints in 2011 identified defendant as the person who entered the home. The state argued that the closed curtains and relocated flower pots indicated defendant was still in the home when the victim collapsed and took steps to conceal his involvement in her death. The defense argued that the state had proved only that the victim died of natural causes but otherwise failed to establish when the perpetrator entered the

Page 618

residence and thus failed to negate any number of reasonable alternatives, including the possibility that the unauthorized entry occurred after, not before, the victim collapsed and died on her kitchen floor.

On appeal, the Third Circuit panel found that " [w]hile the evidence may very well establish beyond a reasonable doubt that Defendant burglarized the victim's residence . . . [and] it was speculated that the burglary was in commission at the time of the victim's arrival since groceries were missing from the plastic bags, and her wedding ring was gone from her finger . . . . the State failed to eliminate beyond a reasonable doubt the very real possibility that the victim was [14-0945 La. 3] already deceased when the burglary commenced." Robertson, 13-1234 at 6, 135 So.3d at 1279. The court of appeal further observed that given the indefinite time of the victim's death within an 18-hour span, " [t]he burglar could have entered the house late afternoon, evening time, during the night, or early the next morning and availed himself of the opportunity to take whatever he wanted including groceries and the victim's wedding ring." Id.

The court of appeal thereby identified the critical flaw in the state's case. By the time of trial, the pathologist who performed the autopsy on the victim had died and the only medical evidence presented to the jury regarding the cause of the victim's death was the autopsy report. The report listed the cause of death as " Possible acute left ventricular arrhythmia, in subject with severe, up to 70% stenosing left anterior descending/right coronary atheromatosis." The pathologist had found a fresh cut on the victim's right forearm (a " mildly bleeding superficial laceration . . . without underlying fracture" ) corresponding to a blood stain on the arm of the blouse she had been wearing. He also found subcutaneous contusions on the victim's head (without underlying skull fracture), a contusion at the corner of her lips, and bruises on the victim's left forearm and wrist, on her lumbar spine, and on her left foot, all without underlying bone fractures. The pathologist ventured no opinion as to the ages of the contusions and bruises although he did note there was no evidence of " intermediate term (1 week-1 month old) injuries." In the final analysis, the pathologist listed the mode of death as: " Undetermined."

The state did not offer jurors any expert aid in navigating the highly technical contents of the autopsy report replete with complex medical terminology describing a variety of medical conditions appropriate to the age of the victim, including " biapical lung pleural fibrosis/fibrous adhesions/silicoanthracosis, moderate." Thus, the state did not present jurors with expert medical testimony that the fresh cut on the victim's arm and the bruising observed on her head, arms, [14-0945 La. 4] back, and foot were inconsistent with simply a fall to the kitchen floor precipitated by the heart attack, or that a 70% blockage of her heart arteries did not necessarily ...

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