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Lancaster v. State3/28/2002
In May 1999, James Lancaster (the appellant) and Monte Hanson (Hanson) lived in separate apartments in the Star Apartments in Casper. Hanson's friend, Dana Penn (Penn), often visited Hanson. On May 16, 1999, Hanson and Penn spent the day drinking beer at Hanson's apartment. At about 10:00 p.m., the appellant invited Hanson and Penn to his apartment to drink whiskey.
[ ] Upon arriving at the appellant's apartment, the trio began drinking double shots of whiskey while watching television and talking. Hanson and Penn were in the appellant's apartment for thirty minutes to an hour. As they talked, Hanson and the appellant sat on the couch; Penn sat on the floor. At some point, the appellant showed Hanson and Penn two knives, one "a big knife, real big knife" and one "a littler knife . . . like a Bowie knife, maybe," according to Hanson. Penn eventually fell asleep or passed out on the floor. *fn1
[ ] Hanson and the appellant, both of whom testified at trial, told vastly different stories as to how the evening's events came to an end. Hanson testified that he decided it was time to leave, so he tried to awaken Penn. Suddenly, and with no provocation, the appellant stabbed Hanson and cut his throat. The two then battled throughout the apartment, with Hanson trying to escape and the appellant continuing to stab him. During a lull in the attack, as Hanson hid behind a door, he feared that the appellant had "gone after" Penn. Hanson then ventured back toward the living room, only to encounter the appellant holding a rifle. *fn2 Hanson testified that the appellant began shooting at him, hitting him once in the neck. Hanson grabbed the gun, and as they wrestled over it, Hanson was able to pull the trigger until the gun was empty. The appellant then disappeared and Hanson escaped to the landlord's apartment, where the police were called.
[ ] The appellant's version of these events differed significantly from Hanson's. The appellant testified that, as he and Hanson talked on the couch and Penn slept on the floor, Hanson asked to see the appellant's rifle and inquired about purchasing it. The appellant retrieved the loaded rifle from its accustomed location in the bedroom closet. Not being comfortable handing a loaded rifle to anyone, the appellant commenced to unload it the only way he knew how--by pulling the bolt back "until bullets jump out of it." As he did so, Hanson grabbed the barrel without warning, and the gun fired. The two then began fighting for the rifle, with the appellant's hands on the stock, Hanson pulling the trigger, and the rifle firing. The appellant then grabbed a knife and "cut" Hanson to get him to release the rifle. When the rifle was empty, Hanson let go of it. The appellant then fled the apartment, but only after stopping to reload the rifle, which he took with him.
[ ] Police officers responding to the Star Apartments found Penn lying dead on the appellant's living room floor. An autopsy determined that Penn bled to death from twelve stab wounds to the upper body and a gunshot wound to the head, the gunshot wound occurring after the stab wounds.
WHETHER THE TRIAL COURT ERRED WHEN IT ALLOWED A VIDEOTAPED RE-ENACTMENT OF THE CRIME TO BE ADMITTED INTO EVIDENCE?
FACTUAL AND PROCEDURAL BACKGROUND
[ ] On May 24, 1999, Hanson accompanied police officers to the Star Apartments, where a videotape was made of his actions and statements during a re-enactment of the crimes. The videotape, which is approximately eighteen minutes in length, shows Hanson moving about in the appellant's apartment, alternatively making statements and answering the officers' questions. At the beginning of the videotape, Hanson removes his shirt, the result being that
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