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State v. Robinson4/14/2004
nnocence." Neal, 796 So.2d at 657. Ultimately, all evidence, both direct and circumstantial must be sufficient under Jackson to prove guilt beyond a reasonable doubt to a rational jury. Id. (citing State v. Rosiere, 488 So.2d 965, 968 (La. 1986)).
The circumstantial evidence presented at defendant's trial excluded any reasonable hypothesis of his innocence. The jury heard testimony from Doris Foster that she and Carol Hooper, one of the three adult victims, told defendant that if he continued to abuse alcohol he would not be allowed to continue to live with Billy. Further, Billy's second cousin, David Peart, testified that Billy confided in him the night before the murders that defendant had begun drinking again. Billy further confided " I've had enough of him. He's out of here tomorrow. He's on the way back to the V.A." On the morning of the murders, defendant was seen driving Billy's truck on lower Third Street in Alexandria, Louisiana, although Doris Foster testified that Billy had recently purchased the truck and did not allow defendant to drive it. The jury also heard testimony from Gary Normand and Farrell Scallon that defendant was seen fleeing Guy Peart Road, where the murders took place, driving Billy's truck erratically.
Further, although the murder weapon was never retrieved, several witnesses testified that Billy owned a revolver, which he kept on his headboard in his bedroom, which was across the hallway from defendant's bedroom. Detective Steve Wilmore, the lead investigator, testified that despite an extensive search for Billy's revolver, the weapon was never recovered. Evidence was presented that the victims were shot a total of five times with .38 caliber bullets, which is the same size ammunition used by the revolver Billy Lambert owned. Further, Doris Foster gave extensive testimony that at the time of the murders, Billy's revolver was loaded with only five bullets. Ms. Foster explained that Billy had asked her to keep his guns while he was in treatment at the V.A. hospital, and he specifically removed the shells from the revolver in question at her request because she was afraid to keep a loaded weapon in her home. Upon Billy's release from the V.A., Ms. Foster returned the revolver to him, but forgot to return one of the six bullets.
Officers who searched the house found Billy's wallet in the defendant's bedroom without any money in it. When defendant was apprehended, officers recovered a yellow pocket knife identified as belonging to Billy Lambert, a pack of Marlboro Lights cigarettes- the brand Billy smoked, and seventy-one dollars in cash in defendant's wallet, notwithstanding the fact that defendant was unemployed.
In addition to the aforementioned circumstantial evidence presented by the State to identify the defendant as the individual who shot Billy Lambert and his family, the jury also heard testimony from Alfred J. Schwoeble, an expert in gun shot residue analysis (GSR), who examined the clothing worn by defendant on the day of the shootings. Schwoeble testified that he found two particles unique to gun shot residue, one particle characteristic of gun shot residue, and three lead rich particles on the waistband of defendant's jeans. Further, Schwoeble found one particle characteristic of gun shot residue on defendant's t-shirt.
Defendant contends that the particles could have easily been transferred to his clothing from the two police officers who apprehended him, as they both approached him with weapons drawn. Detectives Stephens and Bartlett testified that their service revolvers had been cleaned six months prior to the arrest and had not been subsequently discharged. Further, the detectives testified that upon apprehending d
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