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Stone v. State11/25/1987
On May 19, 1985, appellant Michael E. Stone shot and killed his mother. He was convicted of first degree murder and sentenced to life imprisonment.
On appeal appellant raises five issues:
I
"Was it error to refuse to suppress statements made by Appellant?
II
"Was it error to allow a tape recorded statement of the Appellant to be replayed by the jury during deliberation?
III
"Was it error to refuse to allow the defense's expert witness to remain in the courtroom during the testimony of the State's expert witness?
IV
"Was there sufficient evidence of malice to support the verdict of the first degree murder?
V
"Was it error to refuse to give two proposed jury instructions?"
We will affirm.
Appellant does not deny that he killed his mother, but rather contends that he is not guilty of a crime because of mental illness or deficiency.
Depravity abounded in the Stone home during appellant's childhood. He was sexually abused by both parents who were alcoholics. Appellant joined the Navy at age eighteen. During his military career, he developed a drinking problem that led to some disciplinary measures against him. After spending time in a Navy rehabilitation center, appellant became involved in helping other alcoholics. Ironically, he eventually became director of a program for alcoholics in the Navy. Appellant retired in 1984, returning to Lovell to live with his widowed mother, Marie Stone. Marie Stone still had a drinking problem, but up until the week of her death had been talked out of abusing alcohol by appellant.
At the time of the homicide, appellant was forty-one years old and had been living with his mother for a year and three months. Marie Stone began drinking again in mid-May. Appellant's drinking also escalated at that time.
At about 11:30 p.m., May 18, 1985, appellant went to the home of William Cameron about a block from his mother's house. Both appellant and Cameron had been drinking heavily during the evening of the 18th and the early hours of the 19th, and appellant was intoxicated when he arrived at Cameron's house. Cameron and appellant talked about Marie Stone with appellant saying of his mother, "She's drinking too much lately. She's becoming a pain in the butt" and a burden. The two men then talked about ways to kill people (no one in particular); and they talked about "piano wire around the neck, suffocation and self-induced drowning." Appellant said that these methods of killing were "too messy, too ugly," and then said, "Well, why can't you just shoot them? How about a bullet in the heart or something?" Appellant left the Cameron home about 1:30 the morning of May 19th saying he "had business to go take care of." He also said, "Well, I'm going to go waste her." Cameron replied, "God, Mike, don't you hurt that little old lady. Don't you do it."
Cameron watched appellant drive into his driveway and turn off his vehicle lights. Shortly after appellant arrived home, Cameron called him on the telephone. Cameron inquired, "Is everything okay?" Appellant said, "It is now."
About 2:00 a.m. appellant came back to the Cameron house, entered through the back door and fell against the wall crying. Cameron said, "What's the matter, Mike?" Appellant said, "I wasted her * * * I just killed my frigging mother." Appellant repeated this latter statement a few moments later and produced a gun. Conversation about the gun and the shooting lasted about thirty minutes, interrupted from time to time while Cameron and appellant took another drink. Cam
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