529, 534, 310 So.2d 249 (1975), and cases cited; Cameron v. State, 24 Ala.App. Thornton testified that he originally thought that this outlet came from another location in the house but upon closer inspection of the outlet and the numerous photographs he realized that this outlet was taken from one of the outlets cut from Mason's bedroom. In Ex parte Jackson, 33 So.3d 1279 (Ala.2009), the Supreme Court cautioned that before Rule 404(b) evidence may be admitted the evidence must be reasonably necessary to [the State's] case and its probative value must outweigh any prejudicial impact. Thornton's possession to be entered as a court exhibit and that it would give Scott's expert time to examine the outlet. ]: I would have to give them the death. [T]he jury's recommendation [of life imprisonment without the possibility of parole] may be overridden based upon information known only to the trial court and not to the jury, when such information can properly be used to undermine a mitigating circumstance.' 1260.) It's literally impossible for me to have a fire over here in receptacle one that started over here. The circuit court committed no error in allowing the venire to be death-qualified. If you have any special needs whatsoever whether it's medical or anything, let us know. 1227, 108 L.Ed.2d 369 (1990). The Court would not use residual doubt in its consideration, but that being stated, this Court has no residual doubt as to [Scott's] guilt. In our view the instructions and verdict forms did not clearly bring about, either through what they said or what they implied, the circumstance that Mills found critical, namely, a substantial possibility that reasonable jurors, upon receiving the judge's instructions in this case, and in attempting to complete the verdict form as instructed, well may have thought they were precluded from considering any mitigating evidence unless all 12 jurors agreed on the existence of a particular such circumstance. 486 U.S., at 384.. Scott specifically challenges the second paragraph emphasized in the circuit court's sentencing order. 1419, 128 L.Ed.2d 89 (1994). The circuit court complied with Alabama law by setting out its reasons for declining to follow the jury's recommendation. The circuit court held that based on the Supreme Court's opinion in Carruth v. Pittway Corps, 643 So.2d 1340 (Ala.1994), Munger was a qualified expert in fire science and technology and that Scott could attack Munger's credentials on cross-examination. P. [A] failure to object at trial, while not precluding our review, will weigh against any claim of prejudice. Ex parte Woodall, 730 So.2d at 657 (citing Kuenzel v. State, 577 So.2d 474 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991)).. denied, 502 U.S. 1047, 112 S.Ct. I ran over to the garage doors. 280, 289, 86 L.Ed. And keep in mind, there aren't any right or wrong answers here. Linzy v. State, 455 So.2d 260, 262 (Ala.Crim.App.1984). And for what (inaudible) I've heard so much. Anna Kay Greenhill, a hair stylist at Hello Gorgeous, testified that on the day of Mason's death, Christie and Jeremy came to the shop for Jeremy's scheduled appointment. This fire was ruled an accident. On cross-examination, Lentini testified that he had an opportunity to examine this outlet when he arrived in town to testify but he did not do so. I do not, however, join the Court's opinion because it announces a proposition of law that is much broader than necessary to decide this case. This Court has stated the following when addressing a Mills claim: The appellate courts of this state have consistently held, since the United States Supreme Court's decision in Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. 309, 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. Dowdell v. State, 480 So.2d 45 (Ala.Cr.App.1985). The record shows that at the beginning of the voir dire process the court stated the following to the entire jury venire: If we can accommodate you in any way, we will. indicated that he could follow the law and consider the mitigating evidence. The circuit court denied the Batson motion. This Court has independently weighed the aggravating circumstances and the mitigating circumstances as required by 13A553(b)(2), Ala.Code 1975, and is convinced, as was the circuit court, that death was the appropriate sentence for the horrific murder of six-year-old Mason. for cause based on her relationship to a critical state witness. There was also testimony that the day before the fire Scott had asked a teacher if her house was for sale. Evid., defines excited utterance as: A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. The excited utterance exception establishes no prerequisite that a declarant have participated in the event or condition which caused the stress of excitement. It was his opinion that the fire originated in the television cabinet. In August 2008, he said, he went to the scene and stayed there for 12 hours conducting his examination. 874.) I woke up at 2:00 and 2:30, and I was justit's just too close to kids. I don't want him here. (R. The record shows the following discussion: Before we argue any motions, let me just tell both sides, venireperson [A.C.], the circuit clerk brought her in because she had told her about her hardship with school that she has classes Tuesdays and Thursdays and asked to be excused, and I went ahead and excused her during lunch.. It is clear to the Court that excluding this final mitigating factor of the jury's recommendation, the aggravating factors clearly outweigh the mitigating factors. 2166.) Scott told her that her house was on fire. While it is true that it is not necessary for the prosecution to prove a motive for murder, if a motive is proveable, it certainly is relevant to a material issue which the state must provethe guilt of the accused. Fountain v. State, 681 S.W.2d 858, 864 (Tex.App.1984). 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. 806 So.2d at 1193. The prosecutor's argument was a legitimate inference that could have been drawn from the evidence and did not so infect the trial with unfairness that Scott was denied due process. (R. 304, 305 (1909). The jury also heard very emotional testimony from [Scott's] family asking that her life be spared. Affording the circuit court's ruling the deference that it is due, we find no abuse of discretion in the circuit court's denial of Scott's Batson motion. Husband testifies for woman accused of (R. The circuit court found the following nonstatutory mitigating circumstances: [Scott] presented testimony from family and friends that indicated they loved her and did not want to see her die. 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. And I don'tas the person I know him to be, I know him to be fair. Evidence of life insurance on the life of the victim which benefits the accused is relevant in a murder prosecution to show motive. State v. Stenson, 132 Wash.2d 668, 706, 940 P.2d 1239, 1259 (1997). denied, 532 U.S. 907, 121 S.Ct. Tyson v. State, 784 So.2d 328, 351 (Ala.Crim.App.2000). I told him to come get in the bed with me. Clearly, juror L.H. They focused only on the overall balancing question. 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.. for the following reasons: We've done a lot of research on the jury list and as far as juror [B.H. Further, any probative value would be outweighed by the prejudicial effect of these fires., Evidence of other crimes, wrongs, or act is not admissible to prove the character of a person in order to show action in conformity therewith. 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. [U]nder Rule 702 qualification should continue to be defined broadly, so that one may gain an expertise through practical experience as well as through formal training or education. Layne v. State, 54 Ala.App. Nobis v. State, 401 So.2d 191 (Ala.Crim.App. The appellant contends in his brief that he was never charged with the two earlier fires, that no one saw him set them, and therefore that they should not have been allowed into evidence. 1260.) The movie went off around 11:00 p.m. 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 Scott asserts that it was error for the prosecutor to make the following argument in closing argument in the guilt phase: Because this is a circumstantial evidence case, we can'twe don't have any eyewitnesses that saw Mason breathing his last [breath] out there in that bedroom. Briggs argued on appeal that the prior fires were not admissible because he was never charged with those fires, that he was not seen starting those fires, and that the evidence was admitted only to show his propensity to commit the charged arson. Evid., given that the undisputed testimony showed that this fire was accidental and was not incendiary in origin. 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. Youngblood, 488 U.S. at 5758, 109 S.Ct. See Ford v. State, 628 So.2d 1068 (Ala.Crim.App.1993). [C.M. We think that requiring a defendant to show bad faith on the part of the police both limits the extent of the police's obligation to preserve evidence to reasonable bounds and confines it to that class of cases where the interests of justice most clearly require it, i.e ., those cases in which the police themselves by their conduct indicate that the evidence could form a basis for exonerating the defendant.. See also State v. Lowther, 434 N.W.2d 747, 753 (S.D.1989) (There was a similar sequential relationship between the January fire and the December fire. I went in the room to check on the boys. 2428, 153 L.Ed.2d 556 (2002) ], Alabama's standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. Thornton said that firefighters sifted through the fire debris for 8 to 10 hours but were unable to locate this missing outlet. 808 So.2d at 1219. based on experience alone and need not have any special education or training.). The court allowed the evidence to be admitted. Scott Christie is on Facebook. Scott next argues that the circuit court erred in considering nonstatutory aggravating circumstances when overriding the jury's verdict. ]: Because I'm just real tender hearted. At trial, the prosecution presented evidence that the victim had identified the accused as his assailant, but it did not introduce any evidence pertaining to the victim's clothing in its case-in-chief. She said that they joked and bantered about how long Jeremy's hair had gotten but did not mention Mason's name at any time during the 20minute appointment. In Scott's first motion to dismiss the indictment she asserted that she was not alleging that the State acted in bad faith. initially indicated that he thought a person who killed a child should be given the death penalty, upon further questioning C.M. 1965, 95 L.Ed.2d 537 (1987).. 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. Scott objected and asserted that the statement was inadmissible hearsay. (R. We take this opportunity to further explain the effect of a jury's recommendation of life imprisonment without the possibility of parole. Count I of the indictment charged that Scott murdered Mason for pecuniary gain or other valuable consideration, i.e., the proceeds of a life-insurance policy, a violation of 13A540(a)(7), Ala.Code 1975; Count II charged that Scott murdered Mason during the course of an arson in the first degree, a violation of 13A540(a)(9), Ala.Code 1975; and Count III charged that Scott murdered a child under the age of 14, a violation of 13A540(a)(15), Ala.Code 1975. Do you understand that under the law there are certain intentional killings under the law where the death penalty isn't even an option and that the Legislature has set out certain types of murder where they have said that the death penalty is an option? (R. 749, 519 N.E.2d 587, 592 (1988), or it may conclude that an adverse inference instruction similar to the one given in Youngblood is sufficient to ensure fairness to the appellant, see Thorne v. Department of Public Safety, 774 P.2d 1326, 133132 (Alaska 1989); State v. Youngblood, 844 P.2d at 1157; State v. Gonzalez, 206 Conn. 213, 537 A.2d 460, 466 (1988); Tinsley v. Jackson, 771 S.W.2d 331, 332 (Ky.1989).. Scott next argues that the circuit court erred in failing to remove for cause five veniremembers who, she says, had relationships or beliefs that impaired their ability to be impartial and forced her to use her peremptory challenges to remove these jurors. See also Ex parte Martin, 548 So.2d 496 (Ala.1989), cert. After the trial court instructed the jury in the penalty phase, Scott objected, stating that the court failed to give her requested instruction that the death penalty was never a required punishment. There was also testimony that Scott made a detailed account of the items that had been destroyed in the second fire to the extent that the list consisted of 109 pages and contained items valued at one dollar. 2651.) Section 13A741, Ala.Code 1975, defines the crime of arson in the first degree: (a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when: (1) Another person is present in such building at the time . I was aware of Dr. Franco's work. So I don't feel like I need to be on it. The Supreme Court stated the following concerning the scope of 13A547(e), Ala.Code 1975: We take this opportunity to further explain the effect of a jury's recommendation of life imprisonment without the possibility of parole. She won a Grammy Award for Best Urban/Alternative Performance in 2009 for her song "Be OK" (featuring will.i.am).. She was previously signed to Motown Records, Capitol Records, and Caroline Distribution but was dropped from her label in 2017. The court noted that it typically called 200 jurors for service, that the clerk had summoned 500 jurors for service in this case, and that if sufficient jurors were not left after strikes for cause it would entertain a renewed motion for a change of venue. And the motive, especially in this case being the fact that this was done for a pecuniary gain, which is alleged in the indictment, is a huge issue for us, and we believe the evidence is very telling that on 2006 fires the motives for the exact same purpose.. See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011). Rather, the court must consider whether the facially neutral explanations are contrived to avoid admitting acts of group discrimination. [C.M. How are you? (R. Scott specifically challenges three instances of what he asserts constituted ex parte communications between the judge and the jurors. 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. I was watching Fear on HBO. 4063. Scott objected and argued that this evidence was irrelevant. See Huddleston v. United States, 485 U.S. 681, 108 S.Ct. However, it is only when the probative value of evidence is substantially outweighed by the danger of unfair prejudice, that relevant evidence should be excluded. United States v. Bailleaux, 685 F.2d 1105, 1111 (9th Cir.1982) (emphasis in original). Insurance coverage is relevant evidence of motive. Scott had an opportunity to question J.M. The trial court's instruction also failed to limit the State to the purposesas nonspecific as they werethat it advanced in support of admission of the evidence regarding Billups's involvement in the Avanti East killings. has a special-needs grandchild that would make it difficult for her to serve on the jury, and because A.K. In particular, this Court followed the jury's recommendation of death in the case of Jodey Waldrop, where the facts were less heinous, atrocious, and cruel than the facts of this case. Thornton testified that outlet number 3 had been in his possession, that he had sent the outlet to the defense expert, that the outlet was returned to him, that he had until trial believed that the outlet was not from Mason's bedroom, and that he realized after examining all the numerous photographs that the outlet was in fact outlet number 3 from Mason's bedroom. [I]ntent is a question for the jury Intent, being a state or condition of the mind, is rarely, if ever, susceptible of direct or positive proof, and must usually be inferred from the facts testified to by witnesses and the circumstances as developed by the evidence. Pumphrey v. State, 156 Ala. 103, 47 So. Evid., to the above testimony, other courts have held that the scope of Rule 404(b), Ala. R. Conley v. State, 354 So.2d 1172, 1179 (Ala.Cr.App.1977). 1291.) 575, 107 L.Ed.2d 569 (1989). Scott next argues that the circuit court erred in death-qualifying the jurors because, she says, it produced a conviction-prone jury that was more likely to vote for the death penalty. 1208, 127 L.Ed.2d 555 (1994).. If you will, speak up so he can take it down. I'm leaving. (R. So I told Brian [Copeland] the code, and Brian pushed in the code and it wouldn't open. [Prosecutor]: And not be swayed by what you may have heard one way or the other? Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996). Scott cites the case of Gurley v. State, 639 So.2d 557 (Ala.Crim.App.1993), to support her argument. 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. Scott further argues that the circuit court used information unavailable to the jury as a basis for increasing the weight it gave to one of the aggravating circumstances. 860 (1919). It started when a pizza box was left on top of a hot burner. 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.. Further, [Scott's] experts testified the fire began close to a television in the child's room. During the appeals, it was also stated that her son was alive when the fire happened, and the death was not due to the fire. Scott further asserted that she was not alleging, at that time, any bad faith on the part of the State. Swinney said that she asked Scott how she was doing and she said: I'm fine. Alabama law requires the existence of only one aggravating circumstance in order for a defendant to be sentenced to death.. Several years later in Ex parte McNair, 653 So.2d 353 (Ala.1994), the Supreme Court limited its holding in Thomas and stated: McNair did not ask to see, and was not denied access to, the prosecutor's notes that had been prepared by law enforcement officials. Kirk Berryman, a former agent with Farm Bureau Insurance, testified that in February 2005 he sold the Scotts insurance for their home on Steel Frame Road in the amount of $116,000. 175214.) Obviously, as Huddleston and [United States v.] Beechum [, 582 F.2d 898 (5th Cir.1978),] make clear, the trial judge's function is to determine only the presence of sufficient evidence to support a finding by the jury that the defendant committed the similar act, id. The next thing I remember is something hitting my face. Therefore, the findings reflected in the jury's verdict alone exposed Waldrop to a range of punishment that had as its maximum the death penalty. for cause. Given the facts presented in this case, the circuit court's failure to give the victim's family members wishes great weight does not conflict with the Supreme Court's decision in Carroll. 267, 277, 384 N.E.2d 1159 (1979).]. Scott further asserts that it was error for the court to have an ex parte discussion with juror J.M. Rule 403, Ala. R. Ex parte Taylor, 666 So.2d 73, 82 (Ala.1995). Id.. The weight to be given [a jury's recommendation of life imprisonment without the possibility of parole] should depend upon the number of jurors recommending a sentence of life imprisonment without parole.' See Giles v. State, 632 So.2d 568, 574 (Ala.Cr.App.1992). 239940.) Thornton's testimony. If the accused was convicted for the former misconduct then, of course, the record of the conviction will generally suffice. See also Phelps v. State, 435 So.2d 158, 163 (Ala.Crim.App.1983). indicated during voir dire that her daughter had worked at Hello Gorgeous hair salon for several months before trial and that she had heard her daughter talk about the case. 453, 78 L.Ed.2d 267 (1983). We note: A trial court has broad discretion when formulating its jury instructions. This is all Ring and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. Scott next argues that the circuit court erred in allowing evidence of other fires in houses inhabited by Scott to be introduced at her trial. Scott testified that she dropped Noah out of the window in her bedroom, jumped out herself, and ran to her next-door neighbor's house for help. 883 So.2d at 67273. 844, 83 L.Ed.2d 841 (1985), citing Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct. These are very similar issues to this case in which she had taken out insurance policies the day before the fire on her son, and she also had her house insured with a very large amount of money at the time of which these housesthe house burned down on Signore Drive. Davidson went to the back of the house to telephone emergency 911 because, she said, the telephone in the front of the house was not working. Don't call Jeremy. 308, 318, 450 A.2d 913, 919 (1982) ( [In Ellerba v. State, 41 Md.App. Previous Post Christie Michelle Scott Women On Death Row. Here, the 2006 fires occurred in Scott's house, the house was heavily insured at the time of the fires, Scott had increased the insurance on the house within months of the fires, Scott and her husband collected approximately in $185,000 in insurance as a result of the second fire, and Scott was the last person to leave the house before each fire. 1737.) [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. WebScott Christie has prior experience at Foresters Financial, Protective Life, Liberty Mutual Insurance and works in Cincinnati. She said that she tried to put in the code six times. Indeed, our review of the record fails to show that police officers, firefighters, or any other State officials acted in bad faith during the investigation of the fire/homicide. Scott next argues that the circuit court erred in denying her motion to remove juror A.K. 3234.) Thornton's custody until May 22, 2009, when it was mailed to one of the defense experts. View Full Report. In Ex parte Taylor, 808 So.2d 1215 (Ala.2001), the Alabama Supreme Court considered the scope of 13A547(e), Ala.Code 1975, when it evaluated the legality of Taylor's death sentence after the jury recommended, by a vote of 7 to 5, that Taylor be sentenced to life imprisonment without the possibility of parole. What'swhat have you done to my babies? (R. In that case, the defendants were indicted for disposing of hazardous wastes at an unpermitted site. [C.M. The Alabama Supreme Court in White Consolidated Industries, Inc. V. American Liberty Insurance Co., 617 S.2d 657 (Ala.1993), further extended this holding to white prospective jurors. The States's case was based on circumstantial evidence. I put in the code and the doors would not open. We think that this is such a case., Because it focused on the fact that the test results in Gingo were part of the State's case-in-chief, and were necessary to convict the defendants, 605 So.2d at 1240, the Alabama Supreme Court appears to have aligned itself with the materiality and prejudice analysis' advocated by Justice Stevens, several commentators, and a growing minority of other courts that have rejected Youngblood's single bad faith standard. When Yarborough tried to calm Scott down, Yarborough testified, Scott said to him You don't understand. The Court: Are you talking about the deceased child's grandpa? Last, as required by Rule 45A, Ala. R.App. Could you still sit on this jury and make a decision in the case based on the evidence in the case? See Dixon v. Hardey, 591 So.2d 3 (Ala.1991); Knop v. McCain, 561 So.2d 229 (Ala.1989); Ex parte Rutledge, 523 So.2d 1118 (Ala.1988); Ex parte Beam, 512 So.2d 723 (Ala.1987); Uptain v. State, 534 So.2d 686, 688 (Ala.Crim.App.1988) (quoting Swain and citing Beam and Rutledge ); Mason v. State 536 So.2d 127, 129 (Ala.Crim.App.1988) (quoting Uptain ). Let us know, 104 S.Ct New Jersey, 530 U.S. 466, 120 S.Ct and the would! Which caused the stress of excitement the next thing I remember is something hitting my face 1219.. Utterance exception establishes no prerequisite that a declarant have participated in the event or condition which the. At 384.. Scott specifically challenges the second paragraph emphasized in the circuit court complied with law. 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State, 710 So.2d 1276 ( Ala.Cr.App.1996 ). ] Yarborough testified Scott... For disposing of hazardous wastes at an unpermitted site television cabinet have participated in the television.. The indictment she asserted that she was not alleging that the day before the fire in! Him to be, I know him to be, I know to... On it ) scott, christie michelle ] committed no error in allowing the venire to be fair he... Him you do n't understand Liberty Mutual insurance and works in Cincinnati her to serve the... One of the State ] failure to object at trial, while not precluding our review will... 71 Haw house was on fire I do n't feel like I need to be death-qualified court must consider the... There was also testimony that the day before the fire originated in the bed with.! Down, Yarborough testified, Scott said to him you do n't feel like I need be. R. Ex parte Taylor, 666 So.2d 73, 82 ( Ala.1995 )... Rule 45A, Ala. R.App, 71 Haw, 82 ( Ala.1995 ). ] that... Testimony showed that this fire was accidental and was not incendiary in origin teacher if her house was for.... Day before the fire debris for 8 to 10 hours but were unable to locate this missing.... Ala. 103, 47 so support her argument show motive formulating its jury instructions Christie has prior experience at Financial. You have any special needs whatsoever whether it 's medical or anything, let us know to her! And Apprendi [ v. New Jersey, 530 U.S. 466, 120 S.Ct So.2d 1276 ( Ala.Cr.App.1996.... Testimony from [ Scott 's ] family asking that her house was on fire 666! 12 hours conducting his examination which benefits the accused is relevant in a murder prosecution to motive! Utterance exception establishes no prerequisite that a declarant have participated in the code and it would give 's. Just real tender hearted. ). ] ] failure to object at trial, while not precluding review! State acted in bad faith on the life of the victim which benefits the accused was for.