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State v. Bondurant3/20/1998 th him at that time. The night he lost his wallet, the defendant went to the victim's house to look for it and to confront the victim, but he was satisfied that the victim did not have it. A week later they were back to riding and drinking together.
The defendant went by the victim's house on the afternoon of the fire to make the victim go to work so he would not be fired. The defendant called out for the victim, but no one answered. The defendant saw the fire when he left the Western Lounge that night but did not stop because he had been drinking. For the most part, the defendant could not remember what he said to investigators and denied making incriminating statements to Denise or to his co-workers.
Based on this evidence, the jury found the defendant guilty of first-degree murder and arson.
At the sentencing hearing, the state introduced the judgment document as proof of the defendant's conviction of second-degree murder for the death of Gwen Dugger in 1991. As to the heinous, atrocious, and cruel aggravating factor, the state relied on the proof at the guilt phase.
The defense presented the testimony of the defendant's mother. The defendant's father was unable to testify because of his health. Mrs. Bondurant worked for the Department of Army for twenty-nine years and six months. Because of the defendant's arrest, Mrs. Bondurant had to retire in order to take care of her husband. Her last post was at Redstone Arsenal in Huntsville, Alabama. From 1984 to 1987, Mrs. Bondurant worked mostly in Germany. During this time, she would return to the United States once or twice a year, and her husband would return every three months.
While the Bondurants were out of town, their son Pete lived at the house, and the defendant lived there some too. For two of the years they were gone, the Bondurants rented the house to someone else. When out of the country, the Bondurants talked with the twins at the house in Westpoint almost every weekend.
The Bondurants moved back to Westpoint in September 1989. The defendant helped them wash windows, unpack boxes, move furniture in the house, and move furniture to Mrs. Bondurant's apartment in Huntsville. Mrs. Bondurant testified that the defendant worked regularly at the Pulaski Rubber Company for 17 years until the time he was arrested. She testified that the defendant was a good son and stayed with her ill husband at least three or four days a week, enabling Mrs. Bondurant to work. During the time Mrs. Bondurant was working in Huntsville, she normally stayed at her apartment Monday through Thursday and came home on weekends. Occasionally she would come home during the week.
From September to November of 1989 and from January to the first of April 1990, the defendant brought his son to see them on weekends and would spend the night. Mrs. Bondurant testified that they were a close and loving family. Mrs. Bondurant and her husband of 39 years had two other children, a married son with four children, who was a social worker in Delaware, and a married daughter in Lawrenceburg, Tennessee.
Based on this proof, the jury sentenced the defendant to death for the murder of William Ronnie Gaines.
I. JURY SELECTION
A. Fair Cross-Section of the Community
First, the defendant argues that because of deviations from the mandated procedures in selecting the original jury venire, and because of the resulting prejudice to the integrity of the judicial process and the public's confidence in the administration of Justice, this matter should be remanded for a new trial. In addition, the defendant argues that counsel was ineffective by failing to raise these obj
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