State v. Woodhead1/27/2004
AFFIRMED
Defendant, Albert Woodhead, appeals his conviction for second degree murder. For the following reasons, defendant's conviction is affirmed.
On June 8, 2000, a Jefferson Parish Grand Jury returned an indictment against the defendant, Albert Woodhead, for the second degree murder of Earl Raines, in violation of LSA-R.S. 14:30.1. At arraignment, Woodhead pled not guilty, but subsequently moved for a psychological evaluation. He changed his plea to not guilty and not guilty by reason of insanity on September 7, 2000.
On June 8, 2001, Woodhead filed a motion to introduce evidence of Raines's dangerous character, which the trial judge denied. On March 25, 2003, the trial judge granted the State's motion to exclude evidence of cocaine found in Raines's body, and the defendant proceeded to trial that day. However, Woodhead applied for supervisory review to this Court, which granted the writ application. Thereafter, the judge granted Woodhead's motion for a mistrial.
On April 9, 2003, a jury of twelve persons was empanelled, and found Woodhead guilty as charged on April 11, 2003. Woodhead subsequently filed a motion for new trial, which the trial court denied. After Woodhead waived sentencing delays, the trial court sentenced him to life imprisonment at hard labor without benefit of parole, probation or suspension of sentence on May 1, 2003. Woodhead timely filed the present appeal.
At 7:30 a.m. on April 13, 2000, the Jefferson Parish Sheriff's Office received a telephone call from someone who reported that there was a body near Lake Pontchartrain between North Arnoult and the levee in Metairie. Sergeant Thornton, Lieutenant English, and Detective Klein went to the area. They discovered the body of a man, subsequently identified as Earl Raines, partially covered by a blue shower curtain. The victim had sustained several facial wounds, and the officers suspected a homicide. Forensic pathologist Susan Garcia described the facial wounds as four areas of blunt force trauma with one definitive lethal wound. That wound extended 4 ¾ inches across the victim's forehead through which bone was visible. There was another laceration below the victim's chin that Dr. Garcia said could have been lethal. The victim also sustained siX sharp force non-lethal wounds to his neck, as well as a bruise to the base of his neck. Additionally, the victim's blood alcohol level was.29 and the presence of cocaine was detected in his body. According to Dr. Garcia, the victim had no typical defensive injuries, such as to the hands and forearms. The victim had abrasions on his elbows and left arm that Dr. Garcia opined could be considered defensive injuries.
Later that day, a friend of Raines's, Samuel Buchanan, called the police to let them know that Raines was last seen in Woodhead's apartment in the early morning hours of April 13, 2000. Buchanan testified on behalf of the defense that he and Raines started bar hopping on April 12, 2000 at 10:00 in the morning. At some point during the day, Raines telephoned a woman named Sherree Merrett to pick him up. Raines and Buchanan met up later in the day and were together until early the next morning. According to Buchanan, Raines was asked to leave the last bar they visited because the bartender believed he was too intoxicated. Buchanan and Raines walked past Buchanan's apartment, where Buchanan offered to allow Raines to spend the night. However, Raines declined. When they passed Raines's sister's house, Buchanan asked Raines if he wanted to stay there, but he said that he would show Buchanan where he wanted to stay. They walked around the corner to the apartment of the defendant, whom Buchanan had never met.
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