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State v. Robinson4/14/2004
rial was never discussed, nor was the judge made aware of the fact that Goodspeed was prepared to testify in defendant's case. Furthermore, during a motion hearing to exclude Goodspeed's testimony, Loren Lampert, the assistant district attorney prosecuting Goodspeed, testified that his status as a witness against defendant was not a consideration in the plea bargain negotiations.
C. Defendant Prejudiced Because Lead Counsel was Forced to Testify at Trial
Defendant further alleges that the trial court's decision to allow Goodspeed's testimony resulted in prejudice to his defense, as one of defendant's attorneys, Mike Small, was forced to testify at trial in order to impeach Goodspeed regarding a discussion which allegedly took place between the two. We disagree, and find that the defendant suffered no prejudice when his defense attorney took the stand to impeach Goodspeed. First, contrary to defendant's arguments, Small was not forced to take the stand at trial, as the trial court had earlier ruled that the conversation between Small and Goodspeed did not constitute solicitation of a bribe. Thus, the decision to testify during trial was a matter of trial strategy. Further, defendant was not without representation when his lead counsel took the stand, as Clive Stafford-Smith, Sue Ann Kelly, and Dana Lynn Recer all were present and serving as defendant's legal advocates. Thus, at no time during his representation did defendant not have competent counsel protecting his interests.
In what can be best described as a misunderstanding, an exchange occurred between Small and Goodspeed which resulted in the defense filing a pleading on August 9, 2000 captioned, "Motion to Exclude the Testimony of Jailhouse Snitch Leroy Goodspeed who Solicited a Bribe from Defense Counsel or Alternatively to Withdraw as Trial Counsel in Order to Appear as a Witness for Darrell James Robinson."
The State opposed the motion and a hearing was held on August 23, 2000 at which both Leroy Goodspeed and Mike Small testified. Thereafter, on October 20, 2000, the trial court denied the defense motion to exclude Goodspeed's testimony, finding that the interview between the two did not constitute solicitation of a bribe on Goodspeed's part. Subsequently, the trial court ruled that no ethical bar precluded Small from continuing his representation of defendant, and where Small was required to serve as a witness, defendant's interests would be represented by co-counsel Clive Stafford-Smith.
Having ruled that Goodspeed's statements to Small did not equate to solicitation of a bribe, the trial court saw no reason to deprive defendant of representation by the criminal defense attorney who had represented him for over four years. As to this assignment of error, no relief is warranted.
III.
Defendant's third, fourth, and fifth assignments of error all relate to alleged errors on the part of the trial court with regard to jury selection. As a result of these errors, defendant claims he was deprived of his right to exercise peremptory challenges, his right to a fair and impartial jury, and his right to a reliable determination of sentence. Defendant alleges that the trial court's rulings violated his rights under the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution, as well as Article I, §§ 16, 17, and 20 of the Louisiana Constitution of 1974.
A. Trial Court Refused to Excuse for Cause Death-Qualified Jurors
In his third assignment of error, defendant contends that the trial court refused to excuse for cause jurors who expressed an unwillingness to be impartial with regard to the death penalty. Specifically, defendant al
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