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Lenard v. State
Citations: 77 So. 3d 530; 2011 Miss. App. LEXIS 555; 2011 WL 4091072Docket: No. 2010-KA-00348-COA
Court: Court of Appeals of Mississippi; September 13, 2011; Mississippi; State Appellate Court
Fred Lenard Jr. was convicted of capital murder, kidnapping, and felony child abuse in the Coahoma County Circuit Court, resulting in a life sentence without parole for murder and thirty years for each additional charge, to be served consecutively. He appeals the convictions, claiming errors in admitting evidence of prior bad acts, hearsay, and photographs of the victim, as well as arguing that the jury's verdict was against the overwhelming weight of the evidence. The court found no reversible error and affirmed the convictions and sentences. In the relevant facts, Lenard had a long-term relationship with Katrina Dumas, a single mother of two, and was the father of her three-year-old son, Fred Dumas. On April 23, 2008, Katrina disappeared after leaving her parents' house in her father's Cadillac. Concern grew when she failed to return or answer calls. Lenard called Katrina's parents asking about her whereabouts, and later, her abandoned vehicle was found with blood in the passenger area and trunk, later identified as Katrina's. Witnesses reported seeing a "big and stocky" man, later identified as Lenard, acting nervously near the vehicle shortly after it was abandoned. Lenard had been working with his uncle earlier that day and left the house around 11:45 a.m. He returned home after 5:00 p.m. with a change of clothes and asked his uncle to falsely claim he had borrowed his vehicle during the time Katrina went missing. The next day, Katrina's son Little Fred was found alive, tied to a tractor tire, based on information relayed through family members, although the source of this information was unclear. Aikens discovered Little Fred, age four, hogtied and abandoned in a ditch near a church, with his hands and feet bound by wire. He was cold, wet, hungry, and covered in insect bites, with additional injuries including a snake bite, bruising, and swelling. At the hospital, Little Fred implicated his father, stating, "My daddy did it." The next day, Katrina’s body was found near a cemetery, nude and covered with vines, with steel wire around her neck. Dr. Steven Hayne concluded that she died from strangulation and had other injuries, including a skull injury likely caused by a missing tire iron from Lenard’s Cadillac. Witnesses noted scratches on Lenard after Katrina's disappearance. Lenard claimed he dropped his wife off at work and later met Katrina and Little Fred for breakfast, then returned home. Little Fred testified that he saw Lenard harm Katrina and that she could not protect him due to injury. The State presented evidence of Lenard’s past abuse towards Katrina, including a police report from January 2008 where she complained of domestic disturbances. Testimonies indicated Lenard threatened Katrina's life and exhibited erratic behavior. An ex-wife of Lenard testified he had previously strangled her similarly to Katrina's death. Lenard did not testify but called two sisters to claim a good relationship with Katrina and suggested her involvement in drug activities, supported by evidence of marijuana plants near her body. Witnesses reported hearing Katrina’s voice around the time Little Fred was found. Lenard acknowledged paternity and agreed to a child support order. He was convicted of capital murder, kidnapping, and felony child abuse, and is appealing the judgment. Evidentiary rulings by the trial court are reviewed for abuse of discretion, which occurs only if the decision lacks substantial credible evidence or reflects a clear error in judgment. Even with an erroneous admission or exclusion of evidence, reversal is warranted only if the error adversely affects a substantial right of a party, requiring a showing of prejudice or harm. In a case involving the testimony of Lester, Lenard's ex-wife, it was revealed that Lenard violently attacked her shortly after their divorce. The State introduced her testimony to establish Lenard's identity, motive, and plan under Mississippi Rule of Evidence 404(b), arguing that the prior incident was similar to the circumstances surrounding Katrina's death. Lenard contended that the testimony was improperly admitted as character evidence, asserting that it only suggested he was more likely to have been violent toward Katrina. However, this argument was deemed procedurally barred on appeal. Lenard's trial objections were limited and did not include claims of improper character evidence, focusing instead on the time elapsed since the prior incident and the credibility of Lester’s testimony. Under legal principles, objections must specify grounds for inadmissibility to allow the trial judge to rule appropriately, and failing to raise certain objections constitutes a waiver of those grounds. Lenard's appeal is procedurally barred as he did not raise the objections at trial that he now asserts. He contests the admission of hearsay evidence, defined as statements not made by the declarant during trial, and generally inadmissible except under certain exceptions. Specifically, he challenges the trial court's acceptance of Little Fred's statements made shortly after his mother's murder, which were relayed by an emergency-room nurse and Sheriff Andrew Thompson. The trial court justified the admission based on three hearsay exceptions under Mississippi Rules of Evidence: present-sense impression, then-existing mental condition, and a "catch-all" for trustworthy hearsay. However, the court determined the testimony was admissible under Rule 803(2) as an excited utterance, which applies to statements made under stress from a startling event. The record indicates Little Fred was still in an excited state after witnessing the traumatic incident, having been found injured and agitated. His statements, made shortly after arrival at the hospital, included repeated claims that "My daddy did it," despite his reluctance to elaborate. The sheriff noted Little Fred's initial refusal to respond, which changed after calming by a nurse. The court concluded that the circumstances surrounding Little Fred's statements supported their admissibility as excited utterances, reinforcing the principle that a correct judgment will not be overturned due to an incorrect rationale. Statements made by Little Fred were deemed spontaneous and admissible as excited utterances under Mississippi law, despite being in response to inquiries. The Mississippi Supreme Court has established that excited utterances can still qualify for admissibility when prompted by simple questions from law enforcement. Katrina’s statements to her friend, Ranaildi Haynes, regarding her plans to end her relationship with Lenard were initially objected to as hearsay, but the trial court upheld their admission. Although acknowledged as hearsay on appeal, the State argued they fell under the hearsay exception for statements reflecting a then-existing mental condition, which was accepted based on Mississippi Rule of Evidence 803(3). This rule allows for admissibility of statements indicating intent or plan, particularly from murder victims, which supported the trial court's decision. Additionally, Lenard challenged the admission of several gruesome photographs of Katrina's body taken at the crime scene and morgue, arguing they were cumulative and overly graphic. The Mississippi Supreme Court reviews the admission of photographs in trials under an abuse of discretion standard. A trial judge's decision to admit photographs will not be disturbed unless there is a clear abuse of discretion, and the discretion exercised is broad, even in cases of gruesome or repetitive images. As long as a photograph has some probative value, it can be admitted if it serves a meaningful evidentiary purpose, such as aiding in the description of the killing, detailing the body’s location or cause of death, or clarifying witness testimony. To exclude a photograph, the court must determine that its probative value is substantially outweighed by the potential for unfair prejudice according to Mississippi Rule of Evidence 403. After reviewing the photographs and records, the court found that each photograph had probative value and that the trial judge had appropriately considered the risk of unfair prejudice, with some graphic images being excluded. The court concluded that there was no abuse of discretion in the trial judge's decisions regarding the photographs. Regarding the weight of the evidence, Lenard argues that the jury's verdict was against the overwhelming weight of the evidence. The Mississippi Supreme Court states that appellate courts may only disturb a jury's verdict if it is contrary to the overwhelming weight of the evidence, which would result in an unconscionable injustice. Evidence is evaluated in favor of the verdict, and a disagreement with the jury’s conclusions does not equate to a call for acquittal but may warrant a new trial. The court emphasizes that challenges to the weight of evidence should be approached with caution and reserved for exceptional cases where the evidence heavily favors the opposing party. Lenard contends that the Dumas family harbored suspicions against him from the start and suggests they fabricated evidence, specifically citing conflicting testimonies regarding his presence in a vehicle on the day of Katrina's disappearance. Lenard identifies several weaknesses in the prosecution's case, including the absence of physical evidence linking him to the crime and the unreliable nature of witness Little Fred's testimony. Little Fred inconsistently referred to "Rodney" as his father before correcting himself to identify Lenard, a behavior attributed to the absence of his parents. Lenard also points out inconsistencies regarding his clothing on the day of the murder. However, upon review, the court finds sufficient circumstantial and direct evidence supporting Lenard's guilt, emphasizing that the jury is responsible for assessing witness credibility and resolving conflicting evidence. The court affirms the Circuit Court of Coahoma County's judgment, which includes a capital murder conviction with a life sentence without parole, a thirty-year sentence for kidnapping, and a thirty-year sentence for child abuse, all to run consecutively. The costs of the appeal are assigned to Coahoma County. Additionally, a separate concurring opinion is noted, and context regarding Katrina and her mother's fundraising efforts is provided, though their living arrangements remain unclear.