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State v. Hillman5/26/2004
Jonathan Hillman appeals from the judgment entered on his conviction for first-degree murder and willful injury. AFFIRMED.
Jonathan Hillman appeals from the judgment entered on his conviction for first-degree murder and willful injury. We affirm.
I. Background Facts and Proceedings
On the morning of May 27, 2002, Shannon Breeden, Hillman's girlfriend, used a false name to call 911 and report that a body had been found at a homeless camp near Credit Island in Davenport. After police arrived at the scene, Hillman led officers to the body of Paula Heiser and reported that he had seen two men, Karl Strong and Mike Bollinger, assaulting Heiser the previous evening. Police found it unlikely Strong or Bollinger had committed the murder and, instead came to focus on Hillman and Breeden.
Responding to questioning from police, Hillman admitted that he, Breeden, and Heiser had been involved in an argument the previous night over certain food that Hillman alleged Heiser had stolen. He further admitted that he struck Heiser in the face and knocked her down and that when she got up, he again struck Heiser and knocked her down an embankment toward the river. Hillman also told police that Breeden struck Heiser and that she may have stomped on Heiser's head as she lay in the mud.
When police first observed Hillman, his pants were muddy. In addition, multiple footprints were found in the mud near Heiser's body. Heiser's body exhibited multiple lacerations to her head and lip, there were bruises and scratches around her entire body, and she had six broken ribs. Both a medical examiner and a forensic pathologist determined the cause of death to be aspiration of mud and water blocking the air passage and causing suffocation.
Based on these events, the State charged Hillman with first-degree murder, in violation of Iowa Code sections 707.2(1) and (2) (2001), and willful injury, in violation of section 708.4(1). Originally, Hillman and Breeden were to be tried jointly, but the district court later severed their trials. Following a trial, the jury found Hillman guilty as charged and the court sentenced him to serve life imprisonment on the murder count and ten years on the willful injury count. Hillman appeals.
II. Claims on Appeal
Hillman contends the evidence is insufficient to support the conviction of either crime, in particular, because the evidence of intent to cause serious injury and malice aforethought is lacking. He also maintains insufficient evidence exists to corroborate his statements to police and to establish aiding and abetting. In the alternative, he asserts counsel provided ineffective assistance in failing to raise these claims. Finally, he argues counsel was ineffective in failing to secure an independent forensic pathologist.
Further, in a pro se brief, Hillman argues the State failed to submit the "greater weight of the evidence" from which he could be "adjudged as participation (sic) in the act which directly lead to the death of Paula Heiser." He also contends sufficient evidence does not support the willful injury conviction, that the submission of the felony murder charge predicated on willful injury improperly reduced the State's burden, the court erred in refusing his motion for a change of venue, and counsel provided ineffective assistance in a number of respects.
III. Ineffective Assistance Principles
We review the totality of relevant circumstances de novo when a defendant claims ineffective assistance of counsel. See State v. Yaw, 398 N.W.2d 803, 805 (Iowa 1987). To prevail on his ineffective-assistance-of-counsel claims, Hillman must prove the following t
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