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State v. Owens4/10/2002
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[ .] On September 4, the police executed a search warrant on Owens and his personal property at the jail. They recovered Ross' two rings that were previously inventoried. While executing the search warrant, one of the officers asked Owens whether he had some information regarding a homicide. A short time later, Owens asked to speak with a detective .
[ .] Detective Openhowski (Openhowski) questioned Owens at approximately 7:00 p.m. on September 4. The interview took place in the detective bureau's interrogation room. The interview was videotaped. Owens initially denied any participation in the homicide. He then gave several conflicting stories. Owens ultimately admitted that he inflicted the injuries that killed Ross, but he denied acting with any criminal intent.
[ .] After the interview, Openhowski left the room. Owens then called his mother from a portable phone in the interview room. Owens told his mother that he murdered someone. This phone call was also videotaped.
[ .] On September 7, 1999 Owens was charged with first-degree murder. Six days later he escaped from jail while in custody on the murder charge. He was captured around 11:30 a.m. that same day.
[ .] On June 2, 2000, a jury found Owens guilty of three counts of first degree murder: one count of premeditated murder, one count of felony murder in the course of rape or attempt to commit rape, and one count of felony murder in the course of robbery or attempt to commit robbery, all in violation of SDCL 22-16-4. Other facts will be discussed in the analysis of the issues.
[ .] Owens raises eleven issues on appeal:
1. Whether the trial court should have permitted individual- sequestered voir dire of all prospective jurors.
2. Whether the trial court should have granted additional peremptory challenges.
3. Whether the trial court should have excused certain prospective jurors.
4. Whether the trial court should have excluded evidence of the assault on Poppenga.
5. Whether Owens' statements made in the interview with Detective Openhowski were involuntary and therefore inadmissible.
6. Whether Owens had a subjective or objective expectation of privacy in a telephone call made to his mother in a police interrogation room.
7. Whether the trial court should have permitted the jury to view a transcript of the videotaped interview with Detective Openhowski and the phone call to Owens' mother.
8. Whether the trial court should have excluded evidence of Owens' escape.
9. Whether the trial court should have excluded certain autopsy photographs of the victim.
10. Whether the trial court should have granted a motion for judgment of acquittal at the close of the state's case.
11. Whether the trial court should have granted Owens' motion for a mistrial.
ANALYSIS AND DECISION
[ .] 1. Whether the trial court should have permitted individual-sequestered voir dire of all prospective jurors.
[ .] Because this homicide generated a great deal of publicity, Owens introduced an "attitudinal survey." The survey revealed that many prospective jurors were familiar with the facts of the case. The survey also suggested that jurors familiar with those facts might hold pre-conceived opinions that could undermine the trial's fairness. Under those circumstances, Owens contends that individual-sequestered voir dire of every prospective juror was required. We disagree.
[ .] SDCL 23A-20-6 provides that "the court may in its discretion allow examination of one or more jurors apart from the other jurors." (emp
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