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State v. Henderson3/7/2001
ate. Dr. Wolfe also noted the presence of post-mortem goose bumps on Griffin's body which would further indicate complete rigor mortis. Dr. Wolfe stated that he also considered the factors of lividity, marbling of the skin, redness of the blood, and stage of decomposition of the organs in making his determination as to the time of death. He testified that if Griffin's body had been lying out in temperatures reported during the sixty to sixty-six hour time period suggested by the State, he would have expected gross changes in Griffin's body that would have been readily apparent.
Dr. Wolfe then testified about the drugs that had been prescribed for Connie Branam. Dr. Wolfe testified that according to reports, xanax, vicodin, and sinequan had been prescribed for Branam in the last week of her life and she had been hospitalized during that time for adjustment reaction, severe depression, suicidal gestures, and alcohol abuse. According to Dr. Wolfe, any individual who had been taking xanax and sinequan and been drinking alcohol would have behaved in an intoxicated state and would have experienced extreme mood swings and disinhibition. He testified that if an individual had taken enough of the drugs, he or she might not respond to intense pain due to being in a comatose state. Defense counsel then hypothesized that an individual in such a state might be able to drive a car, wander into the woods, stop the car, light a cigarette, pass out, and then die of cardiac arrest, renal failure, or respiratory arrest. Dr. Wolfe responded that this hypothetical was a possibility.
On cross-examination, Dr. Wolfe admitted that he was not board- certified in forensic pathology and that when he was the medical examiner in Union County, all autopsies were performed elsewhere. He also admitted that he had never spoken with the physician who conducted the autopsy on Griffin.
In rebuttal, the state called Beverly Sparks, custodian of records for the Sevier County Sheriff's Department, to introduce into evidence two missing persons reports filed by Viola Griffin, the mother of Griffin and Branam, on Monday, February 24, 1992. In the reports, Ms. Griffin stated that she had not seen or heard from Griffin since February 21, 1992, at 11:45 p.m. and she had not seen or heard from Branam since February 22, 1992, at 1:00 p.m.
Dr. Charles Harlan, forensic pathologist, was accepted as an expert witness by the court. Dr. Harlan testified that after reading Dr. Ellington's autopsy report for Griffin, it was his opinion that Griffin died between 6:00 p.m. on February 21, 1992, and 8:00 a.m. on February 22, 1992. Dr. Harlan based this opinion on the fact that decomposition of organs was apparent on the microscopic examination. Dr. Harlan also testified that he had reviewed the testimony of Dr. Wolfe and he disagreed with many of the conclusions that Dr. Wolfe had made from viewing the evidence in the case.
II. SEPARATE JURIES FOR EACH APPELLANT
Appellants contend that the trial court erred when it refused to grant their request for a separate jury for each Appellant. We disagree.
The record indicates that in their motion for separate juries and during the hearing on the motion, Appellants argued that they were entitled to separate juries because Appellants would be prejudiced when the trial court admitted evidence that was admissible as to one Appellant but was inadmissible as to the other Appellant. However, when the trial court denied the motion, the court stated that it would not admit any evidence that was admissible as to one Appellant but was inadmissible to the other Appellant. Thus, the trial court found that there was " reason that the State and both [Ap
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