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State v. Burns11/8/1999
events to Licari, then told Licari that Spadafina would be released and that he alone would be charged with the murder.
Licari, angry at Spadafina's betrayal, reconsidered and confessed to police that he attempted to strangle Burns but that Spadafina slit Burns's throat. Spadafina eventually admitted that he was in the car when Burns was killed but claimed Licari slit Burns's throat. Although Licari's statement suggested that the men were hired to commit the murder, neither man immediately implicated the defendant in the murder.
Several weeks after his arrest, Licari called an uncle in New York and asked him to contact the defendant regarding "some money she owed him for a job." When the uncle called the defendant, she told him that she had only met Licari once and that she owed him no money. Upon hearing that, Licari turned State's evidence against the defendant. Licari testified that he did not tell police about the defendant sooner, because he thought she would keep her end of the bargain and continue to pay the money he was owed for the murder. Licari freely admitted that he was testifying against the defendant out of revenge.
A Henry County Circuit Court jury found the defendant guilty of first-degree murder. She was sentenced to life imprisonment. Before the hearing on the Motion for New Trial, the defendant hired new counsel to pursue the motion and, failing relief on the motion, to pursue her appeal.
In her Motion for New Trial, the defendant attacked the trial court's failure to instruct the jury sua sponte on the lesser offenses of facilitation of first-degree murder and solicitation of first-degree murder. She also alleged ineffective assistance of counsel in trial counsel's failure to request such instructions, and in counsel's failure to investigate the case adequately and present evidence on her behalf. Specifically, the defendant alleged that counsel was aware of a separate plot to kill Burns but failed to investigate and develop such proof before the jury.
At the hearing on the Motion for New Trial, the defendant presented affidavits from Ruby Blankenship, Kathy Decker, and trial counsel Andrew Frazier. The defendant also presented live testimony from Frazier, Blankenship, the Benton County Sheriff, and agents from the Tennessee Bureau of Investigation (TBI). The testimony indicated that Burns employed Blankenship for approximately two months in 1994. During this employment, Blankenship overheard conversations between Spadafina and Paul Frappolo, Burns's son from a previous marriage, wherein Spadafina and Frappolo plotted to kill Burns so that Frappolo would inherit Burns's interest in the Wismer Motel . Both Blankenship and Decker personally observed Spadafina acting abusively toward Burns. Frappolo was present on these occasions and commented, "let him [Spadafina] kill him [Burns]." The defendant was not present, and her name was never mentioned during these episodes.
Blankenship and her mother, Decker, reported the abusive behavior and threats to officials at the Benton County Sheriff's Department prior to Burns's death, but the Department took no action. After Burns's death, the women reported their observations to the TBI, but investigators told them that the State had all the evidence necessary to prosecute the case, so their testimony would not be needed. TBI Agent Lewis memorialized Blankenship and Decker's report in a written report that was given to defense counsel during pretrial discovery.
Trial counsel testified that he did not pursue the Blankenship and Decker allegations, because they did not exonerate the defendant. Furthermore, neither Blankenship nor Decker was mentioned as State's witness for
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