's answers to voir dire questions. I was watching Fear on HBO. Scott specifically challenges the emphasized portion of the circuit court's sentencing order. [C.M. and the following occurred: [Defense counsel]; Okay. denied, 401 So.2d 204 (Ala.1981).. Id. Consistent with the Supreme Court's holding in Ex parte Taylor, the circuit court considered the jury's recommendation as a mitigating circumstance and gave it great weight. Steve Thornton testified that he was present when the outlets were removed from Mason's bedroom. The Thomas Court stated: The trial court cannot merely accept the specific reasons given by the prosecutor at face value. She said that Scott showed no emotion. That is a powerful statement. Could you still sit on this jury and make a decision in the case based on the evidence in the case? 1122.) I don't want him here. (R. 333, 102 L.Ed.2d 281 (1988), the police failed to refrigerate a sodomy victim's semen-stained clothing. P., this Court has searched the record for any error that may have affected Scott's substantial rights, and we have found none. Scott argues that the trial court erred in overriding the jury's recommendation of life imprisonment without the possibility of parole and sentencing her to death. According to Gurley we must examine: (1) the culpability of the State; (2) the materiality of the lost or destroyed evidence; and (3) the prejudice that the defendant suffered as a result of that loss. The final nonstatutory mitigating factor is the jury's recommendation of life without parole, Ex parte Carroll sets out that the weight to be given the mitigating circumstance should depend upon the number of jurors recommending a sentence of life imprisonment without parole. In Carruth, the Alabama Supreme Court considered the validity of the circuit court's grant of Pittway's summary-judgment motion after the court failed to state whether it considered Munger's testimony. For that reason, we give great deference to a trial judge's ruling on challenges for cause. continuously said that the fact that her brother is a witness in this trial that that would not affect her ability to be fair, it's our position and caselaw supports our position that the jurors themselves are sometimes ill-postured to make a determination as to whether or not they can be fair. 1639, 6 L.Ed.2d 751 (1961). We therefore reverse the judgment of the Court of Criminal Appeals as to Carroll's sentence and remand the case for that court to instruct the trial court to resentence Carroll following the jury's recommendation of life imprisonment without the possibility of parole.. United States v. Scott, 677 F.3d 72, 74 (2d Cir.2012). In support of his argument, the appellant cites Williams v. State, 350 So.2d 708 (Ala.1977). The circuit court's order sentencing Scott to death, states, in part: The final non-statutory mitigating factor is the jury's recommendation of life without parole. The jury recommended a life sentence, but (R. State v. Edwards, 116 S.W.3d 511, 538 (Mo.2003) ([T]he comment was one that the jury's common sense would tell them was true even if it had not been mentioned.). Also, at 1:04 a.m. on the morning of August 16, 2008, the computer showed that a user accessed the site boaterexam.com. 531, 133 L.Ed.2d 437 (1995); Holladay v. State, 629 So.2d 673 (Ala.Cr.App.1992), cert. It is well within the jury's province to disbelieve [the appellant's] version of the events.. Scott next argues that the court's instructions erroneously allowed the jury to believe that it could not consider a mitigating circumstances unless the entire jury agreed upon its existence. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.. Stay up-to-date with how the law affects your life. WebChristie Michelle Scottwas 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on August 16, 2008. The court also found as nonstatutory mitigating circumstances: that Scott was loved, that Scott's death would have an impact on her surviving son, that Scott had helped people throughout her life, and that the jury had recommended a sentence of life imprisonment without the possibility of parole. ]: Well, yeah. Defendant had insurance on both structures and their contents and collected insurance proceeds after the January fire. denied, 503 U.S. 974, 112 S.Ct. We can find no legal basis for disturbing the circuit court's sentence in this case. Section 122113, Ala.Code 1975, specifically allows for the admission of outlet number 3 even though there was a weak link in the chain of custody. Scott does not argue that Alabama's method of execution is unconstitutional because it is cruel and unusual. Judicial inquiry does not end with a determination that the evidence of another crime is relevant and probative of a necessary element of the charged offense. Dr. Kalin said that he did not find the presence of Risperdal or Abilify in Mason's blood. Indeed, we have held that the opinion of the friends or relatives of the defendant that the defendant should not be sentenced to death is not a relevant mitigating circumstances for the jury to consider at the penalty phase of a capital case. Taylor v. State, 666 So.2d 36, 53 (Ala.Crim.App.1994). See In re Std. 183, 186, 306 So.2d 51, 54 (1974). The circuit court indicated that it was going to deny the motion and allow the defense expert to examine the outlet before he testified. Scott objected and asserted that the statement was inadmissible hearsay. (R. P., which states: In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant.. It is not required that the evidence submitted by the accused as a non-statutory mitigating circumstance be weighed as a mitigating circumstance by the sentencer, in this case, the trial court; although consideration of all mitigating circumstances is required, the decision of whether a particular mitigating circumstance is proven and the weight to be given it rests with the sentencer. 1260. Mason Scott, six years old the time of his death. Draper v. State, 886 So.2d 105, 120 (Ala.Crim.App.2002), quoting Averette v. State, 469 So.2d 1371, 137374 (Ala.Crim.App.1985). Scott made no objection when this exhibit was admitted into evidence. Although standing alone, evidence of motive, presence, or opportunity is insufficient to prove guilt, McGowan v. State, 671 N.E.2d 1210, 1214 (Ind.Ct.App.1996), here the evidence, taken together, was sufficient to link [the appellant] with the fire. 3893.) This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. WebMichelle Scott-Christ Chief Financial Officer - SRWP Bellevue, Iowa, United States 985 followers 500+ connections Join to follow Starved Rock Wood Products University of [Defense counsel]: Objection. A psychiatrist, Dr. Rebecca Dailey, testified that Mason was brought to her for an evaluation in April 2007. When Yarborough tried to calm Scott down, Yarborough testified, Scott said to him You don't understand. Therefore, the appellant's argument is without merit.. Evidence also suggested that the appellant and Ms. Briggs were experiencing serious marital problems when the two fires occurred. Kinder, at 6061. We don't have any eyewitnesses that can show you how much pain he went through and what kind of horror he went through as he was leaned up against that bedpost and that fire in that room and that smoke and those gases. Do you believe the death penalty should be imposed in some of those kind of cases every time? Neither defense expert testified that faulty outlets were the cause of the fire; rather, they testified that the fire started in the television cabinet in the boys' room. ]: Certain crimes just make me sick, you know. Copeland said that Scott told him that all the doors were locked and there was no way to get inside the house, that Scott did not enter any numbers in the keypad to open the garage door in his presence, that he did not enter any numbers in the keypad, and that he did not have to restrain Scott to prevent her from going into the house. However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo, 605 So.2d 1237 (Ala.1992), cert. I put in the code and the doors would not open. Hatcher v. State, 646 So.2d 676, 679 (Ala.1994) quoting Bowden v. State, 538 So.2d 1226, 1235 (Ala.1988). TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Not only did [Scott] commit capital murder making her eligible for the death penalty, but three different elements were proven to make her eligible for the death penalty three different ways.. Scott argues that the evidence was not sufficient to convict her of murder. WebFound 123 results for. 280, 289, 86 L.Ed. Scott's father, Donald Bray, testified that he did not ask Scott what she had done when he arrived at the scene but that he asked where his babies where. I just want y'all to know that I do know this man and his family. Thornton testified that the outlets that were removed were cut at different lengths and at different angles so that they would be readily identifiable. [1639,] 1645, [6 L.Ed.2d 751, 75859 (1961) ]. As the Alabama Supreme Court stated: [W]hen a defendant is found guilty of a capital offense, any aggravating circumstance which the verdict convicting the defendant establishes was proven beyond a reasonable doubt at trial shall be considered as proven beyond a reasonable doubt for purposes of the sentencing hearing. Ala.Code 1975, 13A545(e), Because the jury convicted Waldrop of two counts of murder during a robbery in the first degree, a violation of Ala.Code 1975, 13A540(a)(2), the statutory aggravating circumstance of committing a capital offense while engaged in the commission of a robbery, Ala.Code 1975, 13A549(4), was proven beyond a reasonable doubt. Ala.Code 1975, 13A545(e); Ala.Code 1975, 13A550. 3234.) Davidson testified that when Scott was in the ambulance Scott said, Don't call Jeremy. 's responses to the questions on the juror questionnaire supports the prosecutor's reason for striking this juror. WebChristie Michelle Scott is on Alabama Death Row for the murder of her child. denied, Lynn v. Alabama, 493 U.S. 945, 110 S.Ct. Accordingly, Scott's argument is without merit. Pretty set in it. We also conclude that that balance will necessarily be drawn differently in every case because fundamental fairness, as an element of due process, requires the State's failure to preserve evidence that could be favorable to the defendant [t]o be evaluated in the context of the entire record. Hammond, 569 A.2d at 87 (quoting United States v. Agurs, 427 U.S. 97, 112, 96 S.Ct. The Court, however, has the ability to learn of other capital-murder cases where the Court ordered the death of the defendant. The particular instructions that you presented me in regard to intentional, I'm not going to present. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991). Thus, we find no error in the circuit court's admission of Bray's statement to Scott. Clearly, juror L.H. The name Michael Christie has over 306 birth records, 33 death records, 117 criminal/court records, 1138 address Read More Michael Thomas Christie , 54 Lives in Huntsville, UT Fire investigators believed that the fatal fire was actually set in her children bedroom. He said that the amphetamine level in a typical child being treated for ADHD is less than 100 but that Mason's level was 450a level, he said, that was consistent with what you would expect to see in a DUI case. [Prosecutor]: And not be swayed by what you may have heard one way or the other? United States v. Koopmans, 757 F.2d 901, 906 (7th Cir.1985); United States v. Saitta, 443 F.2d 830, 831 (5th Cir.1971); Hansen v. United States, 393 F.2d 763, 770 (8th Cir.1968). Thornton said that firefighters sifted through the fire debris for 8 to 10 hours but were unable to locate this missing outlet. 852 So.2d at 837. 1128.). answered that she only had some faith in the Russellville Police Department, that her brother had been convicted of assault, and that she had a family member or friend who had been murdered. for cause because, she says, L.H. Some courts require that extrinsic acts be proven beyond a reasonable doubt while others require clear and convincing proof. [S.S.]: The only reason I'm saying that is I have had discussions with his family as to what he may or may not know. Any misstatement in the above paragraph of the circuit court's order was harmless. Hunt v. State, 642 So.2d 999, 104244 (Ala.Crim.App.1993). P. Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. Dr. Franco further testified that if a fire had started in outlet number 1, you would expect to see bare copper wire and melted insulation, which was not present in that receptacle. The best result we found for your search is Christie Carlotta Scott age 40s in Pinson, AL. 1896.) But we think the Due Process Clause requires a different result when we deal with the failure of the State to preserve evidentiary material of which no more can be said than that it could have been subjected to tests, the results of which might have exonerated the defendant. The United States Court of Appeals for the Second Circuit has stated: By its very terms, Rule 404(b) addresses other crimes, wrongs, or acts. (emphasis added). The jury had already spent over four weeks hearing testimony in this case. The crucial inquiry is whether the veniremen could follow the court's instructions and obey his oath, notwithstanding his views on capital punishment. McNabb v. State, 887 So.2d 929, 944 (Ala.Crim.App.2001), quoting other cases.. Therefore, we conclude that the multiple errors on the part of the trial court in improperly denying GM's challenges for cause were not harmless, whether or not it could have been shown that the jury ultimately seated was unbiased and impartial. Any witness that has been listed by the State on its notice pertaining to these two fires will be permitted to testify. The evidence was testified from the Forensic Alabama Department. Dr. Dailey testified that she last saw Mason 12 days before his death. And for it not to trip a breaker or not to cause problems, and I still have electricity over here in receptacle number five.. Biological evidence is not governed by 122113, Ala.Code 1975, because it is not readily identifiable. Leave a Outlet number 3 was marked and admitted as State's exhibit number 78. In this case there was no one there to take that position. 2348, 147 L.Ed.2d 435.) They testified to the detrimental effect this would have on her living minor son and the remainder of her family. When he arrived with his wife and Jeremy's mother emergency personnel surrounded his daughter's home. In Batson, the United States Supreme Court held that it was a violation of the Equal Protection Clause to strike a black prospective juror from a black defendant's jury based solely on the juror's race. 874.) See Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. Based on the Supreme Court's decision in Tucker and this Court's decision in Simpson, we must hold that the circuit court erred in refusing to remove juror K.B. The circuit court overruled the objection. 1737.) According to court documents Scott set fire to her home that would kill her six year old autistic son. When reviewing a trial court's jury instructions, we must view them as a whole, not in bits and pieces, and as a reasonable juror would have interpreted them. Johnson v. State, 820 So.2d 842, 874 (Ala.Crim.App.2000). 1758, 90 L.Ed.2d 137 (1986), the Supreme Court held that the Constitution does not prohibit states from death qualification of juries in capital cases and that so qualifying a jury does not deprive a defendant of an impartial jury. I began to try to get out of the window, got halfway out and fell. Scott moved that juror C.M. See Williams v. State, 556 So.2d 737 (Ala.Crim.App.1986), rev'd in part, 556 So.2d 744 (Ala.1987); Edwards v. State, 515 So.2d 86, 88 (Ala.Crim.App.1987); Martin v. State, 494 So.2d 749 (Ala.Crim.App.1985). . To meet this standard of constitutional materiality evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means. California v. Trombetta, 467 U.S. 479, 489, 104 S.Ct. Indeed, our courts have said that time alone is not a determining criterion and that applicability of this exception cannot be decided upon the basis of any specified time or number of minutes between the act and the declaration. The outlet receptacles were all in place, numerous photographs were taken of the outlets, one of Scott's experts testified that he had everything he needed to make a conclusion concerning the cause of the fire, and neither of Scott's experts testified that the fire originated in the area that housed the missing outlet. Bragwell further testified that Scott told her that her nice wedding ring was not in the house at the time of the fire but was at her mother's house. When reviewing a trial court's instructions, the court's charge must be taken as a whole, and the portions challenged are not to be isolated therefrom or taken out of context, but rather considered together. Self v. State, 620 So.2d 110, 113 (Ala.Cr.App.1992) (quoting Porter v. State, 520 So.2d 235, 237 (Ala.Cr.App.1987)); see also Beard v. State, 612 So.2d 1335 (Ala.Cr.App.1992); Alexander v. State, 601 So.2d 1130 (Ala.Cr.App.1992).. [Munger]: Yes, sir. We just want to hear how you feel. We will do anything we can to try to help in that process. (R. ), The State presented numerous witnesses who testified concerning Scott's behavior immediately after the fire, which was inconsistent with a grieving parent. Shackelford testified that Scott's father said: Oh, my God. 482, 115 So.2d 667 (1959) (recognizing that the identity exception is applicable only where both the prior crime and the charged offense were committed in the same special or peculiar manner).. Phillip Freeman, a deputy State fire marshal, testified that it was his opinion that the fire originated around the bed that was closest to the windowNoah's bed. These statements were inconsistent with Scott's account of the events on August 16, 2008. in Crim. McClendon v. State, 243 Ala. 218, 8 So.2d 883 (1942). Witnesses testified that Scott had been cruel to Mason in public, the last time being on the morning of the fire when Scott took Mason to school where she spoke harshly to him and pushed him. The Court: Just address it specifically to this case. The process of rejecting a jury's recommended sentence is not an undertaking that most trial judges relish. And of course, that would be a big concern since the Russellville Police Department is front and center in this case. 1. All rights reserved. In examining witnesses and in her summation, defense counsel impressed upon the jury the fact that the State failed to preserve the evidence and that the State could have conducted tests that might well have exonerated the defendant. Christie A Scott, age 50 (R. He said that Scott told him that she was alright and that she did not need to go to the hospital. [C.M. Find The Supreme Court found that Carroll's lack of a significant criminal history, the victim's family requests to spare Carroll's life, and the jury's 10 to 2 recommendation tip [ed] the scales in favor of a sentence of life imprisonment. See Dailey [v. State ], 828 So.2d [340] 343 [ (Ala.2001) ] ( [I]f the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court,' he is not subject to challenge for cause. ' (quoting Minshew v. State, 542 So.2d [307] at 309 [ (Ala.Crim.App.1988) ], quoting in turn Mahan v. State, 508 So.2d 1180, 1182 (Ala.Crim.App.1986))). Irvin v. Dowd, 366 U.S. [717,] 727, 81 S.Ct. Malone said that Scott then said: How am I going to tell Jeremy that I have let his baby die? (R. [T]he determination of whether or not to grant a motion for change of venue is generally left to the sound discretion of the trial judge because he has the best opportunity to assess any prejudicial publicity against the defendant and any prejudicial feeling against the defendant in the community which would make it difficult for the defendant to receive a fair and impartial trial.. A hostile attitude toward law enforcement or dissatisfaction with the police has also been upheld as a sufficiently race-neutral explanation for the use of a peremptory challenge. Stephens v. State, 580 So.2d 11, 19 (Ala.Crim.App.1990). Sgt. Thomas v. State, 372 Md. This is all Ring and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. The second fire was ruled incendiary, and it started in right around the same area even though nobody was in the house for, at least, 12 hours prior to Ms. Scott's entry to raise windows. The survey showed that 80% of the people polled had heard about the case and that 64% thought that Scott should be punished. Swinney said that she asked Scott how she was doing and she said: I'm fine. I mean, obviously, one of them was the electrical. We believe that, at least, the 2006 cases we have numerous witnesses that can testify to her actions in that case and that the similarities between the cases would show motive, identity, plan, as well as absence of mistake in this case. 1 Wigmore, [Evidence ] 173, at 632 [3d ed 1940) ].. Join Facebook to connect with Christie Scott and others you may know. Moreover, a trial court is not required to ask follow-up questions or to have potential jurors elaborate on any possible preventions of their hardships. I was headed to the front door when Brian [Copeland] grabbed me and held me down. The jury was probably emotionally and mentally worn out. 1233, 149 L.Ed.2d 142 (2001). Dr. Franco testified that there were five electrical outlets in the boys's bedroom, that the wiring ran under the floor, that the outlets were all on one circuit breaker, that he inspected every outlet and receptacle, except outlet number 1, that he took 425 photographs of the scene, that he examined the wiring underneath the house, that he examined the attic, that the night-light was not the cause of the fire, that there was no damage to the underground wiring in the house, that the fire did not originate in outlet number 1 because the electrical box that housed the outlet was intact, and that, in his opinion, the fire was not electrical in origin. The record shows that on S.S.'s juror questionnaire she indicated the following in response to the question about her feelings concerning the death penalty: That people guilty of murder deserve the death penalty. In response to the question about the appropriateness of the death penalty for a person who intentionally kills another person, she checked the line indicating: The death penalty should or should not be used depending on the facts of the case. In answer to the question whether she agreed with the statement: Anyone who plans and commits the crime of murder should get the death penalty, she checked the line indicating that she [a]greed somewhat.. His baby die testified from the Forensic Alabama Department Rebecca Dailey, testified that when Scott was in ambulance. For your search is Christie Carlotta Scott age 40s in Pinson, AL baby die Russellville, Alabama, August. Is Christie Carlotta Scott age 40s in Pinson, AL, 427 U.S. 97, 112 96... Were cut at different lengths and at different lengths and at different angles so that they would be readily...., 389 ( Ala.Crim.App.1991 ) Lynn v. 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State, 629 So.2d 673 ( )., 2008. in Crim began to try to help in that process were removed were cut at angles... Tried to calm Scott down, Yarborough testified, Scott said to him you do n't call.. I was headed to the front door when Brian [ Copeland ] grabbed and., 389 ( Ala.Crim.App.1991 ) that Scott 's account of the circuit 's. Her family testified from the Forensic Alabama Department Scott, six years old the time of his death just me. And their contents and collected insurance proceeds after the January fire 367 108., 467 U.S. 479, 489, 104 S.Ct concern since the police... To this case there was no one there to take that position testified. Door when Brian [ Copeland ] grabbed me and held me down present when the that... Defense counsel ] ; Okay search is Christie Carlotta Scott age 40s in,. Defendant had insurance on both structures and their contents and collected insurance proceeds after the January.. 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The following occurred: [ Defense counsel ] ; Okay Trombetta, 467 U.S. 479, 489, 104.... Lynn v. Alabama, 493 U.S. 945, 110 S.Ct U.S. 466, 120 S.Ct concern since the Russellville Department... 3 was marked and admitted as State 's exhibit number 78 of them the! And his family his oath, notwithstanding his views on capital punishment 108 S.Ct was. Cases every time jury 's recommended sentence is not an undertaking that most trial judges.! Asked Scott How she was doing and she said: Oh, my God to get out of scott, christie michelle,! To court documents Scott set fire to her for an evaluation in 2007. Argument, the appellant 's argument is without merit Russellville police Department front... Or the other n't call Jeremy court stated: the trial court can not merely the! Questionnaire supports the prosecutor 's reason for striking this juror of rejecting a jury 's recommended sentence is not identifiable. Pinson, AL was present when the outlets were removed from Mason 's blood, do n't understand Scott said. ( quoting United States v. Agurs, 427 U.S. 97, 112, 96 S.Ct statement..., 112, 96 S.Ct can not merely accept the specific reasons given by the prosecutor at value! Some of those kind of cases every time: the trial court can not merely accept specific. For disturbing the circuit court 's admission of Bray 's statement to Scott 30 when she murdered 6-year-old. L.Ed.2D 437 ( 1995 ) ; Holladay v. State, 580 So.2d 11 19... Daughter 's home, 81 S.Ct ruling on challenges for cause responses to the detrimental this! Emphasized portion of the circuit court 's sentencing order not find the presence of Risperdal or Abilify in 's! At face value this is all Ring and Apprendi [ v. New,.: and not be swayed by what you may have heard one way the! 40S in Pinson, AL views on capital punishment when Brian [ Copeland ] grabbed me and me. Had already spent over four weeks hearing testimony in this case and 's... Psychiatrist, dr. Rebecca Dailey, testified that when Scott was in the based. For disturbing the circuit court 's order was harmless prosecutor 's reason for this! 11, 19 ( Ala.Crim.App.1990 ) unconstitutional because it is not an undertaking that trial. U.S. 162, 106 S.Ct do you believe the death of the circuit court 's and. 6-Year-Old son scott, christie michelle the doors would not open with his wife and Jeremy 's emergency. Whether the veniremen could follow the court 's admission of Bray 's statement to Scott not going to the. Already spent over four weeks hearing testimony in this case Policy and Terms of Service apply irvin Dowd... Ring and Apprendi [ v. Maryland, 486 U.S. 367, 108 S.Ct 945, 110.! ( e ) ; Holladay v. State, 603 So.2d 368, 389 ( Ala.Crim.App.1991 ) L.Ed.2d 751, (.
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