FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 517-259,
SECTION "I" Honorable Karen K. Herman, Judge
A. Cannizzaro, Jr. District Attorney Kyle Daly Assistant
District Attorney COUNSEL FOR APPELLEE/STATE OF LOUISIANA.
Watters LOUISIANA APPELLATE PROJECT COUNSEL FOR
composed of Judge Daniel L. Dysart, Judge Madeleine M.
Landrieu, Judge Joy Cossich Lobrano.
Madeleine M. Landrieu Judge.
December 9, 2015, a jury returned a verdict finding Kenneth
Halley and John Chambers each guilty of the April 5, 2005
second degree murder of Joseph Lucien. Although jointly
tried, each defendant has filed a separate
appeal. After the disposition of post-trial
motions filed by Mr. Halley and after the expiration of all
legal delays, Mr. Halley was sentenced to life imprisonment
without the benefit of parole, probation or suspension of
sentence. It is from this conviction and sentence that Mr.
Halley now appeals.
sole assignment of error, Mr. Halley claims his right to
cross-examination under the Confrontation Clause of the Sixth
Amendment was violated when the trial court allowed into
evidence a statement made by Mr. Halley's co-defendant,
Mr. Chambers, which implicated Mr. Halley in this shooting.
Mr. Chambers did not testify at trial. The statement was
admitted through the testimony of another witness,
For the reasons that follow, we find this assignment of error
to be without merit.
STATEMENT OF THE CASE
morning of April 5, 2005, Detective Ernest Rome of the New
Orleans Police Department responded to a report of a homicide
on the 2300 block of Alabo Street. When he arrived on the
scene, Det. Rome observed the victim, with apparent gunshot
wounds, lying in an alley next to a house. EMS arrived a
short time later, and medical personnel pronounced the victim
dead at the scene. The victim was later identified as Joseph
Rome and other responding officers cordoned off the crime
scene and canvassed the area for witnesses and evidence
useful to the investigation. No witnesses were forthcoming.
Later that day, two witnesses - R.R. and E.M. - arrived at
the police station and met with Det. Rome. As a result of the
statements given by R.R. and E.M. and an identification made
by them, Det. Rome obtained arrest warrants for both Kenneth
Halley and John Chambers. The defendants were arrested the day
after the shooting, but no charges were filed at that time
because pertinent witnesses refused to testify.
to the trial testimony of an Assistant District Attorney, his
office reviewed the case again in 2013. After further
investigation, the case was presented to a grand jury, which
returned an indictment against both Mr. Halley and Mr.
Chambers in August of 2013. The case proceeded to trial in
December of 2015.
addressing the assignment of error raised by Mr. Halley, we
first note an ...