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Lanham v. Commonwealth8/25/2005
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Appellant showed no emotion when Causey informed him that his wife was dead. Appellant asked Trooper Ashley if she had died of hypothermia. Trooper Ashley said that he did not know how she died, but that she had bruises on her head. Appellant also asked how to go about contacting someone about his wife's life insurance policy. Appellant told the troopers that his wife had gotten drunk the night before, fallen down several times, and then passed out. Appellant said that he also had gotten drunk and passed out. Appellant claimed that when he woke up on the morning of October 11, his wife was on the floor beside him. He put her in bed and cleaned the house. He claims that he decided to call 911 when he noted that she was not getting any better.
Trooper Ashley noticed that Appellant had a cut on his forehead, some small cuts on his hands, some bruises under his right arm and on his side. Appellant's face looked somewhat yellow, but there were no noticeable bruises on it. He also had a large bruise at his collarbone, a scrape on his shin, and an injury to his left foot.
Trooper Stephen conducted a taped interview of Appellant later in the evening. During the interview, Appellant stated that he and his wife split half a case of beer on October 10. He claimed that he fell asleep on the couch and that his wife was still awake at that time. When he awoke the next morning, his wife was passed out on the floor beside him, so he moved her to the bed. Appellant initially said that he knew his wife was dead when he moved her; later he said that he thought she had been asleep. He again admitted to cleaning the house after moving his wife, but stated that he had done so because they had torn the house up while drunk. Appellant also said that his wife had fallen down repeatedly and had hit "corners" because she was so drunk. Later in the interview, Appellant claimed that his wife had frozen to death. He also claimed that he and his wife had not been fighting, and that "everything was a blackout," his memory was fuzzy, and he could not really remember what had happened.
Toxicological testing indicated that Appellant had no alcohol in his blood, but that he had taken valium. A t-shirt, which was partially burned and had a substance that appeared to be blood on it, was later found in the microwave at Appellant's house. A blood stained pillow was also found in the house. Testing showed that the blood on the carpet near the front window was similar to the victim's. Blood similar to Appellant's was found on the pillow, the couch, the carpet in the bedroom, a towel in the washing machine, and the bath mat. Tests of the substance on the t-shirt were inconclusive.
Appellant was indicted for murdering his wife and for tampering with physical evidence. At trial, the taped interview was played and excerpts of Appellant's wife's journal were read to the jury.
The medical examiner testified that an examination of the victim's body revealed a variety of external bruises and contusions. The victim also had small hemorrhages on her face, neck, and inside her lower eyelids, all of which were consistent with smothering, choking, or strangling, and hemorrhages in her scalp, her aorta, and the muscles in her neck. The medical examiner concluded that she had died from asphyxia caused by smothering or suffocation due to compression of the nose and mouth. The medical examiner also found that she had alcohol and valium in her blood.
Appellant moved for a directed verdict of acquittal, which was denied. The jury found Appellant guilty of Murder and Tampering with Physical Evidence and recommended sentences of life in prison and five years. Ten days after trial, Appellant filed
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