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State v. Gianakos5/23/2002
marital privilege on grounds that the marriage was not entered into in good faith and that the couple was engaged in joint criminal activity.
At appellant's trial, Jamie testified against him as part of a plea agreement. According to Jamie, Camp's potentially damaging statements to police regarding the motel robbery motivated them to take Camp out to an old farmstead appellant was familiar with on May 1, 1997, to scare her into changing her story. In preparation for the trip, Jamie testified that she purchased wine coolers she knew Camp liked hoping to "lighten the mood." Jamie claimed she later saw appellant crushing sleeping pills into one of the wine cooler bottles to help "confuse" Camp during the planned confrontation, and that Jamie and appellant discussed how they could offer the bottle to Camp, already opened, so she would not be suspicious of the cap's broken seal. Store records also indicate appellant purchased a .12 gauge shotgun on May 1, 1997, although Jamie claimed she was not aware of any gun until she saw appellant with it at the farmstead.
Jamie testified in detail as to what happened on the evening of May 1, 1997, when she, appellant and their two children drove Camp out to the farmstead under the pretense of showing Camp some property appellant and Jamie were thinking of buying. Jamie explained that she gave Camp the drugged wine cooler to drink during the drive and that appellant pretended to be lost so the drugs and alcohol would have time to take effect. Jamie claimed that they arrived around 8:30 p.m., just as it was getting dark, and that Jamie, Camp, and the children went into the abandoned farmhouse to look around until appellant eventually called for them to leave. Camp was walking very slowly by this time. As Jamie reached the car, she saw appellant come up behind Camp from the back of the house with a shotgun in his hand. Jamie then heard the gun go off and saw Camp fall. According to Jamie, appellant proceeded to put on some rubber gloves, instructed Jamie to do the same, and the two of them dragged Camp's body face down behind the house. Once behind the house, they rolled the body over face up and appellant told Jamie to get a knife from the car and cut Camp's throat. Jamie testified that she refused, went back to the car, and after noticing one of their kitchen knives under the front seat, looked up to see appellant standing over Camp and firing the shotgun toward her head.
Jamie testified that she and appellant then went home, Jamie drove to Camp's apartment to retrieve Camp's purse, and upon her return home appellant drove off with the purse. According to Jamie, appellant called about forty-five minutes later from his parent's house to say that he had removed evidence from the farmstead that could connect them with the crime and that he had thrown the contents of Camp's purse along the road. Jamie also testified that he told her he had "broken down" the gun and gotten rid of it. Appellant returned home around 12:30 a.m., and the couple later agreed that, if asked, they would say they were shopping that night.
Appellant testified to a very different story about the events of May 1, 1997. Contrary to Jamie's testimony regarding a joint "plan," appellant claimed he was not involved in any way with Camp's death. Although his testimony revealed some confusion about whether or not he was with Jamie on the evening of May 1, 1997, he admitted to being present when the wine coolers were purchased and to buying the .12 gauge shotgun which he claimed was for Jamie's protection during his impending incarceration for the motel robbery. Jamie contradicted appellant's testimony on this point, stating that she didn't like guns and was not concerned about
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