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STATE v. BRADFORD12/10/1993
The opinion of the court was delivered by
This felony-murder case concerns the sufficiency of the evidence supporting a conviction of attempted aggravated robbery as the underlying felony and whether the trial court abused its discretion in denying defendant's motion for a mistrial.
Watson Kevin Bradford appeals his convictions of felony murder (K.S.A. 1992 Supp. 21-3401 ) and attempted aggravated robbery (K.S.A. 1992 Supp. 21-3301 and K.S.A. 21-3427). He asserts that the State failed to prove the underlying felony to establish the corpus delicti for felony murder. Bradford's mistrial motion was based on asserted prejudice resulting from buttons depicting the victim's photo being worn in the courtroom by the victim's family and the appearance of a defense witness who was escorted to court from the jail wearing chains. We have jurisdiction under K.S.A. 1992 Supp. 22-3601(b)(1) (direct appeal where a defendant is convicted of a class A felony or if a maximum sentence of life imprisonment is imposed). We find no error and affirm.
Facts
The police responded to a 4:00 a.m. call and found Angela Conard's body lying outside the rear door of the Lansing Pizza Hut where she was employed. Sergeant Smith, who investigated the scene, saw a bloodstain approximately 25 feet north of the back door in the parking lot and scuff marks on the ground. Bradford and the State agree that these scuff marks were consistent with the body being dragged back from the parking lot to the rear door.
Sergeant Smith observed a large amount of blood on the floor inside the Pizza Hut, creating a path to the back door. A stack of bills and two money bags were on the cash register. Angela's purse and car keys were nearby. All doors and windows were secure. No signs of tampering were visible. The back door, which locked automatically, could be opened from the inside by pushing a "panic bar." Clothing, fingerprints, blood samples, an ice pick, and the money were gathered as evidence at the crime scene and sent to the KBI for analysis. None of the fingerprints were identified as Bradford's.
An autopsy was conducted by a forensic pathologist. He determined that death was caused by a gunshot wound to the chest.
Additional gunshot wounds were identified in Angela's right arm, chest, buttock, thigh, and left heel. Angela's jaw was fractured.
The State explains that Angela's duties included accounting for and securing the day's receipts. Although Bradford was not employed at the Pizza Hut, he had worked there with Angela between 1988 and 1990. A Pizza Hut employee testified that on two occasions Bradford phoned to order a pizza and began cussing the employee. Angela intercepted the call. Angela told Bradford to quit harassing the employees. According to the employee, Bradford made a harassing call on August 16, three days before Angela's death.
Bradford's father testified that his .22 caliber RG pistol was stolen from the family home in Lansing between August 14 and August 20, 1990, while the family was on vacation. Bradford no longer lived with his father and did not accompany the family on vacation. The pistol and ammunition were the only items taken. Valuables such as money and electronic equipment were not disturbed. Bradford's father told the officer who investigated the burglary that the family members, including Bradford, knew where the pistol was kept and that he believed his son had taken the pistol. At trial, the father testified that he had never spoken to the investigating officers, nor had he voiced speculations to the police concerning the weapon. He testified that only his wife knew where the pistol
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