2007-M-35 State of Minnesota,
Respondent, vs. Morris Jerome Pendleton, Jr., Appellant.
DESCRIPTION OF CRIME: On the evening of September 23, 2004, Shelly Williams
hosted a party in Morton, Minnesota. Guests at the party included
Pendleton, Keith Crow, Vernon Jones, J.P., and W.S. (“the five men”), all of
whom were principally involved in Berry’s death. Other party guests
included Alicia Connor and L.B., among others. Approximately 15 people
attended the party, many of whom were consuming alcohol and smoking
marijuana.
Berry arrived later and began arguing with J.P. The confrontation
escalated, and they began punching one another. Crow came to J.P.’s aid,
and both proceeded to punch and kick Berry. Soon Berry was bleeding and
unconscious on the floor. One witness, S.E., saw Morris Pendleton stomp
on Berry.
During the fight, many of the guests left the party, leaving Berry, Pendleton,
Crow, Jones, J.P., W.S., Connor, Williams, and L.B. The five men robbed
Berry, taking his wallet, jewelry, and car keys. The five men, Connor,
Williams, and L.B. left Berry unconscious in the dining room and took Berry’s
Chevrolet Tahoe for a ride, with Pendleton driving. During the drive,
Pendleton suggested that J.P. stab Berry and cut off his head. Crow
agreed and suggested that Berry’s body be dumped in the river.
The group returned to Williams’s house, where Berry continued to
lie unconscious. The five men carried Berry, who was wrapped in a
blanket, out to the Tahoe, placing him in the rear of the vehicle. Crow
told Williams and L.B. to stay at the house and clean up Berry’s blood.
As the rest of the group got into the Tahoe, Pendleton warned Williams that her
child would be harmed if she told anyone what happened.
Pendleton drove the Tahoe toward the Minnesota River, taking Oxford Avenue, a
rural dirt road, which branches off to a trail that leads down to the
river. After backing the Tahoe up to an embankment, the five men took
Berry out of the back and dragged him down the embankment to the
riverbank. Connor remained with the Tahoe. Five to ten minutes
later, the men returned one at a time. Pendleton returned first and said that
J.P. fell into the river. When all five men had returned, Pendleton said,
“[W.S.] had got him good,” and he also mentioned that he had blood on his
shoes.
Pendleton suggested burning the Tahoe, and he drove the group to his parents’
house where he retrieved a can of gas. They drove back to Oxford Avenue
after dropping off W.S. and Jones. Connor and Crow got out of the Tahoe
some distance down Oxford Avenue, and Pendleton and J.P. continued down the
road. The Tahoe was burning a few minutes later. Two police
officers soon arrived at the scene, but they never saw Pendleton.
Pendleton later arrived at Floyd Fischer’s house, asked Fischer for a pair of
shoes because his were “bloody and muddy,” and also asked for a ride because
there were police around. When asked what Pendleton told him about the
night’s events, Fischer responded: “That they torched the vehicle and that they
stabbed up Junior.”[2] Sandra Larsen-Matray,
Fischer’s daughter, gave Pendleton a ride to his parents’ house, and he told
her about dumping a body in the river, torching a vehicle, and running from the
police.
Berry’s autopsy revealed fifteen stab wounds to his chest. Based on the
groupings and angles of the stab wounds, Dr. Paul Nora testified that there was
a greater chance than not that there were multiple stabbers. Dr. Nora
also determined that the stab wounds caused Berry’s death.
Evidence recovered at or near the crime scene included two
tee-shirts. Analysts determined that among the people involved, one
tee-shirt contained a mixture of DNA from which only Berry and Pendleton could
not be excluded. Defense counsel argued that this shirt was worn by J.P.
and contained Pendleton’s DNA because J.P. had borrowed the shirt from
Pendleton when they had recently stayed at the same house.
Pendleton testified at trial. He denied participating in
Berry’s beating at the party. He also denied ever driving Berry’s Tahoe,
stating that J.P. drove. He testified that he never suggested that Berry
be killed, and he did not help the others carry Berry to the Tahoe or place him
in the vehicle. Pendleton testified that once at the river embankment, he
did not help take Berry out of the Tahoe, and he remained at the top of the
embankment, where he witnessed J.P. stab Berry at least twice. He
testified that he then left through a cornfield, arriving at Floyd Fischer’s
house two hours later. While on the way to Fischer’s, Pendleton stated
that he saw a fire and emergency vehicles in the distance.
On September 24, 2004, Pendleton and his girlfriend, Jamie Renville, went to
Renville’s house in Sisseton, South Dakota. Sometime during the following
two days, Pendleton went to Minneapolis, where he turned himself in to police
on October 4. In statements to police, Pendleton initially denied even
witnessing the stabbing.
THE TRIAL: Pendleton was indicted on three counts of first-degree murder:
Count I – premeditated murder, in violation of Minn. Stat. § 609.185(a)(1)
(2004); § 609.05 (2004) (aiding); Count II – felony murder while committing
kidnapping, in violation of Minn. Stat. § 609.185(a)(3) (2004); § 609.05;
and Count III – felony murder while committing aggravated robbery, in violation
of Minn. Stat. § 609.185(a)(3); § 609.05.
The jury found Pendleton guilty of counts one and two,
premeditated murder and felony murder while committing kidnapping, and
acquitted him of count three. The district court sentenced Pendleton to
life imprisonment without the possibility of parole for felony murder while
committing kidnapping.
THIS APPEAL: On this direct appeal, the Minnesota Supreme Court
Justice Gildea joined the unanimous decision of Justice Barry
Anderson which upheld Pendleton’s conviction and sentence.
First, the Minnesota Supreme Court rejected Pendleton’s claim that the
district court’s denial of the appellant’s objection to the state’s peremptory
challenge to a prospective juror was not clearly erroneous even though the
court failed to follow the prescribed procedure set out in Batson.
Second, the Minnesota Supreme Court rejected Pendleton’s claim that the
district court clearly abused its discretion by determining that the probative
value of two of the appellant’s prior convictions outweighed their prejudicial
effect and admitting the convictions into evidence for impeachment purposes.
The court admitted evidence of a conviction for fleeing a peace
officer, to which Pendleton pleaded guilty in June 2000, and a conviction for
making terroristic threats, to which Pendleton pleaded guilty in July
2000. The facts underlying these convictions were not referred to during
trial. Pendleton argues the prejudicial effect of these convictions
outweighed their probative value.
Third, the Minnesota Supreme Court rejected Pendleton’s claim that the
district court committed error in its jury instruction for felony murder while
committing kidnapping, where the court did not require the jury to unanimously
agree on a single purpose under the purpose element of kidnapping, because the
appellant failed to establish a due process violation.
DATE OF DECISION: January 11, 2007
DESCRIPTION: [MURDER] [KIDNAPPING]
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