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State v. Eugene1/27/2004
CONVICTION AND SENTENCE AFFIRMED.
On October 18, 2000, the St. John the Baptist Parish Grand Jury issued a bill of indictment charging defendant, Laura Eugene, with second degree murder, a violation of LSA-R.S. 14:30.1. At the arraignment held on October 19, 2000, defendant pled not guilty.
On June 21, 2001, defendant filed a motion for mental examination, appointment of a sanity commission, and stay of prosecution. The trial judge appointed a sanity commission and thereafter conducted a competency hearing. After considering the reports of the doctors, the court found defendant incompetent to proceed to trial. Subsequently, in December of 2002, the court determined that defendant had regained competency to proceed to trial.
The matter proceeded to trial before a twelve person jury on January 14, 15 and 16, 2003. At the conclusion of trial, the jury returned a verdict of guilty as charged. Defendant filed a motion for new trial on January 24, 2003, which the judge denied. On February 10, 2003, the trial court sentenced defendant to a mandatory term of life imprisonment without benefit of parole, probation, or suspension of sentence. Defendant now appeals.
FACTS
At 1:00 a.m. on September 4, 2000, Fabriel Anderson and Veronica Nicholson were riding to Ms. Nicholson's home on Homewood Drive in Reserve. They had come from a Laplace nightclub called Weegie's. One of Ms. Nicholson's neighbors, Laura Eugene (defendant) flagged them down in front of 188 Homewood and asked them to help her. She said a car had fallen on her boyfriend. Ms. Nicholson testified that she had seen Ms. Eugene and her boyfriend earlier at Weegie's. Ms. Nicholson was not inclined to stop at defendant's house; she knew defendant and her companion often quarreled. Nevertheless, the women stopped to investigate.
Ms. Nicholson tried to call police on her cellular telephone. Ms. Anderson approached a car parked on the lawn, and did not see anyone under or near the vehicle. She did see defendant's boyfriend, David John Fluence, lying face down in the open doorway of the residence. The house was in disarray. Furniture and other items had been turned over, and a leg was missing from a table. A broken broomstick was lying near Mr. Fluence. Ms. Nicholson approached the house. Defendant told her that a car had fallen on Mr. Fluence. Ms. Nicholson asked how that could be, since Mr. Fluence was lying inside the house. Defendant said she did not know. Defendant later said an unknown person ran into the house, stabbed defendant, and escaped. Ms. Nicholson testified she did not see a knife at the scene.
Ms. Anderson and Ms. Nicholson helped defendant to turn Mr. Fluence onto his back. Ms. Nicholson testified that she saw a small amount of blood on Mr. Fluence and on the floor. Ms. Nicholson started chest compressions on Mr. Fluence, and asked defendant to breath into his mouth. Defendant walked around the house picking up items as if she were cleaning. Defendant eventually helped Ms. Nicholson perform CPR on Mr. Fluence. Ms. Nicholson showed defendant how to do it properly, but defendant failed to follow her direction. Eventually Mr. Fluence started to breathe.
Deputy Scott Maillet of the St. John the Baptist Parish Sheriff's Office testified that he was the first officer to arrive at the scene. He saw David Fluence lying in the doorway. He called for medical assistance, and emergency medical personnel arrived shortly thereafter to transport the victim to a hospital.
Detective Todd Hymel testified that he arrived at the scene at 1:34 a.m. He observed smeared blood on the door's threshold, and a few drops of blood outside the door on a small conc
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