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Freeman v. State3/27/2002
and it was undisputed that only two people had the opportunity to commit the crime - the defendant and a neighbor. This court held that the trial court erred when it refused to allow the defendant to introduce evidence that the neighbor had abused her own children in the recent past and had the opportunity to abuse the child-victim immediately before his death.
Alternative-perpetrator evidence should be admitted if it creates reasonable doubt of the defendant's guilt. The defendant need not prove (or raise the possibility) that the third party committed the crime. The focus is on the defendant's culpability, not on the third party's culpability.
1. Unknown suspects
Freeman wanted to demonstrate to the jury that J.I. associated with dangerous people who might be responsible for her death. Specifically, Freeman sought to introduce evidence that J.I. was using drugs at the Freeman residence and, because she was involved in a drug-using crowd, she had multiple unknown enemies. Based on the autopsy report that indicated J.I. had marijuana in her system at the time of her death and testimony by Freeman's son, Loren Freeman, that J.I. held parties involving drugs at Freeman's house, Freeman sought to introduce general testimony of J.I.'s drug habits and associations with "bikers." Freeman also wanted to introduce a hypodermic needle that was found at the residence during the police investigation. Judge Link ruled that Loren Freeman's testimony that J.I. was a drug user and the evidence of the hypodermic needle was more prejudicial than probative and excluded it under Alaska Evidence Rule 403. Judge Link found it was mere speculation that because someone used drugs, she was likely to be killed by other drug users. On appeal, Freeman argues that Judge Link's refusal to allow him to introduce this evidence of J.I.'s lifestyle denied him the ability to explain to the jury the possibility of an unknown suspect.
Evidence of J.I.'s active and aggressive lifestyle alone is not enough to allow Freeman to generally introduce evidence that J.I. was likely to be killed by unknown dangerous people. Freeman was unable to identify any evidence connecting J.I.'s drug usage to her death or her aggressive lifestyle. Neither party presented evidence at trial indicating drug activity (other than marijuana use) was occurring immediately before the shooting took place or any evidence that the shooting was drug related. Evidence that J.I. had marijuana in her system was presented to the jury. Because no evidence directly linked J.I.'s lifestyle to her death, Judge Link did not abuse his discretion in limiting evidence that J.I. associated with dangerous people.
2. Ed Minimon
Minimon had recently had a casual, dating relationship with J.I. Approximately one hour before the shootings, Minimon went to the Freeman residence looking for his current girlfriend, Roberta Escalita. While Minimon was at the residence, he apparently attempted to run J.I. over with his truck. J.I. called 911 and reported the incident. In the 911 call, J.I. told the dispatcher that Minimon had assaulted several other women in the past. Later that same night, Escalita called 911, reporting violent behavior from Minimon.
Freeman asked the court to allow him to introduce evidence of the Minimon incident, including both J.I.'s and Escalita's 911 calls. Freeman also wanted to introduce evidence that Minimon had been convicted of crimes involving domestic violence against two other women and had multiple domestic violence protective orders issued against him over the past several years.
The state called Alaska State Trooper Victor Aye who testified that he contacted Mini
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