2011-M-186            State of Minnesota, Respondent, vs. Elizabeth Mary Hawes, Appellant.

Elizabeth Hawes was convicted of aiding and abetting the first-degree premeditated murder of her brother Edwin Hawes, in violation of Minn. Stat. § 609.05, subd. 1 (2010), and Minn. Stat. § 609.185(a)(1) (2010).  The district court sentenced Hawes to life imprisonment. 

Hawes appeals, arguing that the evidence was insufficient to support her conviction.  Hawes also argues that the district court erred when it ruled that out-of-court statements made by Hawes’ younger brother, Andrew Hawes, were not admissible as declarations against penal interest and when it denied Hawes’ motion for a new trial.  We affirm Hawes’ conviction. 

HELD:  First, the evidence at trial was sufficient to support appellant’s conviction for aiding and abetting first-degree premeditated murder.

Second, any erroneous exclusion of out-of-court statements was harmless.  

Third, the district court did not err when it denied appellant’s motion for a new trial based on newly available evidence because appellant and her counsel knew of the evidence at the time of trial. 

Gildea (Page, Paul Anderson, Meyer, Barry Anderson, and Dietzen)

               Took no part:  Stras

[MURDER] [DOMESTIC] [GILDEA]