State v. Madonna

Citations: 806 S.E.2d 356; 256 N.C. App. 112Docket: COA16-1300

Court: Court of Appeals of North Carolina; October 17, 2017; North Carolina; State Appellate Court

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Joanna Roberta Madonna appeals her conviction for first-degree murder, stemming from the death of her husband, Jose Perez, during a June 2013 altercation. The incident occurred after Madonna expressed a desire for divorce, leading Perez to threaten self-harm. During the altercation, Madonna claims she attempted to assist Perez after he clutched his chest. She testified that after hearing a gunshot, she saw Perez with a gun aimed at them, and in a struggle for the weapon, it discharged, fatally injuring him. Subsequently, fearing for her safety as Perez allegedly attempted to choke her, she found a knife and struck him before fleeing the scene.

The State presented circumstantial evidence contradicting Madonna's self-defense claim. The jury found her guilty, leading to this appeal, where she argues that the trial court erred by denying her motions to dismiss the case due to insufficient evidence of premeditation, deliberation, and a lack of self-defense justification. The court's review of the denial of dismissal motions is de novo, focusing on the legal sufficiency of evidence rather than its weight, requiring examination in favor of the State, with all reasonable inferences drawn in the State's favor.

Substantial evidence is defined as relevant evidence that a reasonable mind would accept as adequate to support a conclusion. To prove first-degree murder, the State must demonstrate that the defendant unlawfully killed the victim with malice, premeditation, and deliberation. Premeditation involves prior thought, regardless of duration, while deliberation indicates the act was carried out with a calm mindset and a fixed intention. The determination of deliberation typically relies on jury interpretation of the surrounding circumstances, including several factors: lack of provocation by the victim, the defendant's behavior before and after the killing, any threats made, existing animosity between the parties, infliction of lethal force on a defenseless victim, and brutality of the act.

In this case, evidence presented at trial illustrated that the defendant, who had been arguing with the victim over financial matters and planning a divorce, conducted internet searches related to death and weaponry prior to the killing. On the day of the murder, she received a gun and knife from her nephew, expressed safety concerns, and subsequently killed the victim during a drive where she intended to discuss their divorce. Following the murder, she disposed of incriminating evidence and misled others about the victim's whereabouts. This evidence supports the conclusion that the killing was premeditated and deliberate.

Regarding self-defense, when evidence is presented, the State carries the burden to prove beyond a reasonable doubt that self-defense was not invoked. The assessment of whether the State has provided substantial evidence to negate self-defense claims must be conducted in a manner favorable to the State, allowing a rational trier of fact to determine the absence of self-defense.

The State presented evidence undermining the Defendant's self-defense claim, highlighting Mr. Perez's significant physical disabilities, including diabetes, coronary heart disease, and frailty, which would hinder his ability to wield a weapon. Medical testimony indicated that Mr. Perez's condition made it difficult for him to grasp objects, and he had been approved for home modifications to accommodate his disabilities. In contrast, the Defendant was physically active and sustained only minor injuries compared to the severe wounds inflicted on Mr. Perez, who was stabbed twelve times after being shot twice. The court found that the State provided substantial evidence that the Defendant did not act in self-defense, thus denying her motion to dismiss the first-degree murder charge.

In her closing argument, the Defendant challenged the prosecutor's remarks, particularly a statement deemed abusive. The trial court acknowledged the objection but denied the motion for mistrial, emphasizing that a mistrial is a remedy for significant improprieties that compromise a fair verdict. Although the prosecutor's comments were found to be improperly abusive, the court determined they did not prevent the Defendant from receiving a fair trial. The Defendant also argued that the prosecutor made additional inappropriate comments regarding her character, which were largely within the trial court's discretion to control.

When no objections are raised during trial, a prosecutor's arguments undergo limited appellate review focused on gross improprieties that demonstrate the trial court's abuse of discretion in not addressing prejudicial issues. The review involves a two-step process: first, determining if the argument was improper, and second, assessing if it was so grossly improper that it infringed upon the defendant’s right to a fair trial. Evaluations of prosecutorial remarks must consider their context and the overall factual circumstances. An argument is deemed proper if it aligns with the record and avoids conjecture or personal opinion. Attorneys are prohibited from expressing personal beliefs regarding evidence truthfulness and from labeling witnesses as liars. Although it’s acceptable for attorneys to argue against a witness's credibility, they cannot directly accuse witnesses of lying. Recent case law highlights specific instances of improper statements by prosecutors, especially when they assert that a defendant lied. The prosecutor's comments about the defendant in this case, which included direct accusations of dishonesty, were found to be improper. Additionally, referring to the defendant as a "narcissist" constituted inappropriate name-calling. However, the Supreme Court has indicated that in cases with substantial evidence against a defendant, even improper statements may not always lead to reversible error.

To establish prejudice, the defendant must show a reasonable possibility that the trial outcome would have differed without the alleged errors. Despite some improper remarks by the prosecutor, the evidence of the defendant’s guilt was overwhelming, and the trial was not fundamentally unfair. An appellate court requires that prosecutorial comments must significantly taint the trial to warrant a new trial. The trial court did not err in not intervening sua sponte, as jury instructions directed the jury to disregard closing arguments when assessing evidence. Closing arguments, while important in the adversarial process, must avoid personal opinions and inappropriate tactics; however, prior rulings indicate that a lack of prejudice in closing arguments should not be seen as a license for future misconduct. 

Regarding witness testimony, the trial court has broad discretion in evidence matters, which is reviewed for abuse of discretion. The defendant claimed that her statement to police about having contacted an attorney was constitutionally protected, referencing a prior case against eliciting testimony on a defendant's invocation of rights. However, this statement was admitted without objection earlier, so the defendant could not preserve the objection for appeal. The defendant also contested the admission of testimony related to two terminated pregnancies, but she later acknowledged in a letter, without objection, that she had experienced two abortions. Consequently, her right to appeal this evidence's admission was waived, as objections to evidence that is subsequently admitted without objection typically lose their effect.

Defendant argues that the trial court erred by allowing testimony from her therapist and a detective regarding a statement in which Defendant claimed she married Mr. Perez due to his terminal cancer. Even if this testimony was improperly admitted, Defendant has not demonstrated that its inclusion prejudiced her case, given the substantial evidence of her guilt for first-degree murder. Per N.C. Gen. Stat. 15A-1443(a), a defendant is considered prejudiced when there is a reasonable possibility that a different trial outcome could have occurred without the error. This argument is therefore rejected.

Judge Zachary concurs, while Judge Berger offers a separate opinion, acknowledging the majority's stance but critiquing the prosecutor's remarks about Defendant's "evil fairytale" narrative. Under N.C. Gen. Stat. 15A-1230, attorneys cannot express personal beliefs regarding the truth of evidence or the defendant's guilt but may argue positions based on evidence analysis. During her testimony, Defendant admitted to multiple lies to her daughter, defense attorney, police, and others about various matters, including the location of the murder weapon. Defense counsel acknowledged Defendant's dishonesty in closing statements, stating, "She did... take some stupid actions to lie to people." Judge Berger argues it is reasonable for an attorney to assert a defendant's untruthfulness when the defendant openly admits to lying to everyone. The judge notes that while prosecutors may label defendants as "killers," they should not be barred from describing them as dishonest, particularly when supported by the defendant's own admissions and the defense's acknowledgment of the lies.