Wednesday, November 2, 2016

Serial Domestic Abuser beats Third Woman to Death


2006-M-08          State of Minnesota, Respondent, vs. Brett Arnold Laine, Appellant.

DESCRIPTION OF THE CRIME:  In earlier years, Brett Laine had established a pattern of domestic violence.  He had violently beaten his first ex-wife several times.   On one occasion, Laine had threatened to kill her, thrown her around the living room, and pinned her head against a cement wall with his forearm.  She further testified that he had physically abused her on other occasions.  Laines second wife testified that Laine assaulted her on many occasions during their marriage.  On one occasion, he beat her with her high heel shoe.  On another, Laine picked up the barstool on which she was sitting and slammed her and the barstool to the floor.  As a result of this latter incident, Laine pleaded guilty to assault.

On October 1, 2003, Laine called police at 3:20 a.m.  to report that his girlfriend Nancy Jagunich had fallen down a staircase at 1:00 a.m.  He told police that she was not breathing.  Emergency responders were unable to resuscitate Jagunich, and she was pronounced dead at approximately 4:00 a.m.

Laine told responding officers that Jagunich had fallen and had not regained consciousness after her fall.  He denied that he and Jagunich had any arguments that night. Laine told officers that after Jagunich fell he took her to the lower level of the home, undressed Jagunich and himself, and laundered both sets of clothes. He also cleaned the blood from the landing at the bottom of the stairs.  He told officers that when Jagunich developed breathing difficulties he called his mother, who lived nearby, and then called for an ambulance. Officers noticed red stains, Jagunichs glasses, and what appeared to be multiple strands of human hair in the upper level of the home, but Laine told them that he had not brought Jagunich upstairs after her fall.

When asked about the cause of lacerations and bruising on Jagunichs face, Laine told officers the injuries were a result of the fall. Officers noticed a cut across the bridge of Laines nose; Laine claimed that he had received that cut the day before while riding his all-terrain vehicle.

APPELLATE HISTORY:  Laine was convicted of first-degree domestic abuse murder.  He was sentenced to life imprisonment.  Laine directly appealed his conviction to this court, and we later granted Laines motion to stay his direct appeal while he pursued post-conviction relief.  After the post-conviction court denied Laines petition for post-conviction relief without an evidentiary hearing, we granted Laines motion to lift the stay on his direct appeal.

THIS DECISION:  Justice Gildea joined the opinion of Justice Barry Anderson.  Laine had requested a reversal of his conviction based on insufficient evidence.  In the alternative, alleging error on several grounds, Laine sought a new trial.  Because sufficient evidence sustained the murder conviction and there was no error warranting a new trial, the Supreme Court upheld both his conviction and his sentence.

First, the Supreme Court held that the evidence was sufficient to sustain the verdict.

“When reviewing the sufficiency of evidence, we inquire whether, given the facts in the record and any legitimate inferences that can be drawn from those facts, a jury could reasonably find that the defendant was guilty of the charged offense.  We view the evidence in the light most favorable to the verdict.   A conviction based on circumstantial evidence will stand only if the circumstantial evidence forms  ‘a complete chain which, in light of the evidence as a whole, leads so directly to the guilt of the accused as to exclude, beyond a reasonable doubt, any reasonable inference other than that of guilt.’   When applying this standard, however, it remains the province of the jury to determine the credibility and weight of the circumstantial evidence and we will continue to assume the jury believed the states witnesses and disbelieved the defendants witnesses.

“To convict Laine of first-degree domestic abuse murder, the state must prove that Laine: (1) caused the death of Jagunich, (2) that Jagunichs death occurred while Laine was committing domestic abuse, (3) that Laine had engaged in a past pattern of domestic abuse upon Jagunich or upon another family or household member, and (4) Jagunichs death occurred under circumstances manifesting an extreme indifference to human life.’   Laine appears to argue that the state failed its burden of proof on the first, second, and fourth elements.”

“Viewing the evidence in the light most favorable to the verdict, there is strong evidence supporting the verdict.  While Laine argues, there is insufficient proof that he caused Jagunichs death, the testimony of the medical examiner demonstrates otherwise.  The medical examiner testified that the cause of Jagunichs death was multiple blunt traumas to the head that cumulatively caused her death.  He further testified that this trauma was a type of injury that could be inflicted by a persons fist or forearm. While he admitted on cross examination that a fall down the stairs in question could cause head trauma, the medical examiner opined that Jagunichs fatal injuries could not have been caused by such a fall because of the number of severe traumas present and the number of directions from which these traumas were inflicted.  In addition, the evidence, including Laines testimony, showed that Laine was alone with Jagunich at the time she was injured.  Given this evidence and given that Laine does not dispute the evidence that Jagunich was a family or household member,the circumstantial evidence excludes, beyond a reasonable doubt, any reasonable inference other than that Laine caused Jagunichs death while committing domestic abuse and that Jagunichs death occurred under circumstances manifesting an extreme indifference to human life.   Therefore, sufficient evidence supports Laines conviction.

Second, Laine claimed he was entitled to a new trial based on the district courts instruction to the jury concerning the states burden of proof on the past pattern of domestic abuse element of first-degree domestic abuse murder. Laine argued that we should re-examine our prior holdings and hold that an instruction that does not require the state to prove each incident of prior domestic abuse beyond a reasonable doubt is erroneous.  The state argues that there is no reason to overturn this courts precedent on this issue and that Laine is not entitled to a new trial because he cannot establish plain error.”

The Supreme Court held that the trial court’s jury instruction was an accurate and previously-upheld statement of the law.  On this basis, the Supreme Court rejected Laine’s claim on this point.

Third, Laine sought a new trial because, before trial, Laine moved the district court to grant him a bifurcated trial in which the jury would not hear evidence regarding his past pattern of domestic abuse until the jury found that the state had met its burden of proof on the other elements of first-degree domestic abuse murder.  Noting Laines failure to cite authority supporting his request, the district court denied the motion for bifurcation.  On appeal, Laine argues that it was prejudicial error to deny the defense motion to bifurcate. The parties agree that, assuming a district court does have this authority, the district courts decision not to bifurcate a first-degree domestic abuse murder trial would be reviewed for abuse of discretion.  There is nothing in the record to suggest that the district court abused its discretion in denying Laines motion to bifurcate his trial.

Fourth, Laine claimed that the trial court’s jury instruction about his pattern of previous domestic violence was erroneous.  The Supreme Court noted that Laine’s lawyer assisted in drafting the instruction and did not object to the instruction, thus waiving his appellate objection. 

The Supreme Court went further and held that the challenged jury instructions, when read as a whole, correctly stated the law in language that could be understood by the jury.  Laines second wife (as well as Laine himself) testified that Laine had previously pled guilty to assaulting her during their marriage.  The challenged jury instruction correctly described the purpose for which the jury could use this evidence, as well as the other evidence of a past pattern of domestic abuse.  While Laine argues, the instruction can be read to weaken the presumption of innocence and the states burden of proof, the jury was instructed on the presumption of innocence as well as the states burden of proof beyond a reasonable doubt.  Moreover, Laine has not cited any authority to support his argument that this instruction is erroneous.  Because, when read as a whole, the jury instructions correctly stated the law in a manner the jury could understand, the challenged instruction was not erroneous.

Fifth, Laine claimed that the trial judge should not have answered the jury’s mid-deliberation question on whether the jury had to file five separate “guilty/not guilty” forms for lesser offenses if they jury found Laine was guilty of first- or second-degree murder.  The Supreme Court rejected this claim.

Sixth, Laine argued that the verdicts in this case were legally inconsistent.  Laine bases this argument on the fact that, while the jury found him guilty of first-degree domestic abuse murder, it acquitted him of second-degree felony murder (with an underlying felony of assault).  But, as the state points out, even if this verdict is logically inconsistent, we recently held that this type of inconsistency does not entitle a defendant to relief.

Generally, a defendant who is found guilty of one count of a two-count indictment or complaint is not entitled to [relief] simply because the jury found him not guilty of the other count, even if the guilty and not guilty verdicts may be said to be logically inconsistent.

In Leake, a case in which the jury had found the defendant guilty of first-degree premeditated murder and acquitted him of second-degree intentional murder, we held the verdicts were not legally inconsistent [because the case involves only logical inconsistencies ‘between a verdict of acquittal on one count and a verdict of guilty on another count.  Leake controls this issue and the jury verdicts in this case were not legally inconsistent.

DATE OF DECISION:  June 8, 2006
RECORD NUMBER:  2006-102
FULL OPINION:  A03-1551,
DESCRIPTION:  [MURDER] [DOMESTIC]

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