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State v. Lackey9/30/2005
cember 16, p.m., 1982." Salina Deputy Police Chief Barry Plunkett testified that letters found at the scene would routinely be opened during an investigation, but he could not recall whether the mail was opened in this case.
Officer Garman spoke with Czarnowski at the scene. During that conversation, Czarnowski indicated that S.B. had worked with someone named "Bob" at the Mission, who had made it known that he had "the hots" for her. Although an investigation was pursued, the case eventually went inactive until Kansas Bureau of Investigation (KBI) Special Agent Ron Hagen and Salina Police Detective Paul Forrester resumed the investigation in November 1996. They received information from Canadian authorities that a Robert Moore was involved in a 1982 homicide in Salina. Through the use of two social security numbers provided by the Canadian authorities, investigators learned the name Robert Lackey. Czarnowski and Mark Foster later identified a 1979 photograph of Lackey as the person they knew as Robert Moore. DNA testing of the body fluids on the underwear found under the defendant's bed was consistent with the fluids found in the victim's rape kit.
Armed with an arrest warrant, Hagen and Forrester tracked the defendant to Alabama where they interviewed him at the Sumpter County, Alabama, Sheriff's Department. Prior to his Miranda warnings being given, the defendant said that he had never been to Kansas when he was advised that someone named Robert Moore was using his social security number in Kansas. He subsequently said that he did not know S.B. or Robert Moore, but he may have been in Kansas in 1969 or 1970. The defendant's pretrial motion to suppress his statements made before Miranda warnings was denied. In March 2002, the defendant was extradited to Kansas and his blood was drawn for DNA testing purposes.
DNA testing was performed on vaginal, anal, and oral swabs taken from S.B., scrapings from under her fingernails, and a cutting from the underwear found under the defendant's bed at the Mission and compared with known bloodstains of the defendant and Czarnowski. Expert testimony established that the sperm cells found in S.B.'s vagina and on the cutting from the underwear were consistent with the defendant's DNA. The estimated probability of selecting an individual at random from the general unrelated Caucasian population was 1 in 194 billion. Moreover, the defendant could not be excluded as a partial contributor to the DNA profile from the victim's fingernail scrapings, but Czarnowski was eliminated.
The defendant was convicted by a jury of premeditated first-degree murder and rape. Pursuant to the HCA, the defendant's sentence was enhanced to two consecutive terms of life imprisonment and 45 years to life. The defendant's posttrial motions for a new trial and judgment of acquittal were denied.
On appeal, the defendant asks this court to reverse his convictions based upon the following claims: (1) The admission of hearsay statements in violation of the Confrontation Clause; (2) the denial of a continuance to obtain an exculpatory witness; (3) the admission of Dr. Mitchell's expert opinion testimony based upon the autopsy performed by Dr. Eckert and the resulting violation of the Confrontation Clause; (4) the exclusion of evidence supporting the defendant's consent defense to the rape charge; (5) the admission of statements in violation of Miranda v. Arizona, 384 U.S. 436, 15 L.Ed. 2d 694, 86 S.Ct. 1602, reh. denied 385 U.S. 890 (1996); (6) the victim's sister's testimony denied the defendant a fair trial; (7) cumulative error; (8) the trial court's error in applying the HCA; and (9) the HCA violates Apprendi v. New Jersey, 530 U.S. 466, 147 L.Ed. 2d
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Kansas DUI Attorneys
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