IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS CRIMINAL DIVISION VS. CASE NO. 14CR853 FRAZIER GLENN CROSS, DIVISION NO. 17 DEFENDANT.

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1 IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS CRIMINAL DIVISION STATE OF KANSAS, PLAINTIFF, VS. CASE NO. 14CR853 FRAZIER GLENN CROSS, DIVISION NO. 17 DEFENDANT. STATE S MEMORANDUM ON ADMISSIBILITY OF AUTOPSY AND GRUESOME PHOTOGRAPHS COMES NOW, the State of Kansas, by and through District Attorney Stephen M. Howe and Chief Deputy District Attorney Christopher McMullin, and hereby provides this Court the following enclosed Memorandum of Law in response to the defendant s request for a pretrial hearing and ruling. In support of said Memorandum, the following facts, authorities and arguments are offered. STATEMENT OF FACTS The Defendant stands charged with one count of capital murder, three counts of attempted first-degree murder, one count of aggravated assault and one count of shooting into an occupied building. All of these acts occurred on April 13, 2014, in Overland Park, Johnson County Kansas. The defendant traveled to Overland Park that day with the intent to shoot as many Jewish people as he could. He had selected the Jewish Community Center and Village Shalom as the best locations to accomplish his mission. After making several dry runs, the Defendant pulled into the Jewish Community Center Parking lot at 1300 hours. He then stopped his white Suzuki Forenza behind the parked vehicle of Dr. William Corporan, opened the trunk of his vehicle and pulled out a shotgun. The

2 defendant approached Dr. Corporan as he was stepping out of his vehicle. The defendant shot Dr. Corporan at close range. The projectiles removed a large portion of his head. Dr. Corporan died immediately from his injuries. After killing Dr. Corporan, the defendant approached the open driver s side door and pointed the shotgun towards the front passenger seat. In this seat was 14-year-old Rheat Underwood. The defendant fired the shotgun into the vehicle, striking the head of Rheat Underwood. After shooting Rheat Underwood, the defendant fired multiple firearms at multiple people at the facility. After he left the facility, several individuals pulled Rheat Underwood out of the vehicle and began to render aid to him. He was taken to Overland Park Regional Medical Center where he eventually died from these injuries. Just as officers began arriving at the Jewish Community Center, a dispatcher received a report of a second shooting at Village Shalom. This occurred at approximately 1310 hours. Several police vehicles changed directions and began to head towards this second location. Village Shalom is located a short distance from the Jewish Community Center. As the defendant arrived at Village Shalom, both Theresa Lamanno and Margaret Hunker were in the parking lot of the facility. Margaret Hunker observed the defendant pull a shotgun out of the trunk of his vehicle and point it at Theresa Lamanno. When the gun failed to go off, he put it in the trunk of his car and pulled out a second shotgun. He then pointed the shotgun at Theresa Lamanno and fired one round. The projectiles struck Ms. Lammano in the head and neck. After the defendant left the scene, law enforcement officers tried to provide aid to her. Soon thereafter, she was declared dead from her injuries.

3 ARGUMENTS AND AUTHORITIES All relevant evident is admissible pursuant to K.S.A (f). Evidence is relevant if it intends to prove a material fact. K.S.A (b). Photographs depicting the extent, nature, and number of wounds inflicted are generally relevant in a first-degree murder case. State v. McCorgary, 224 Kan. 677, 681, 585 P. 2d 1024 (1978). The State is required to present medical evidence to establish the cause of death and manner of death. This is done through the coroner s testimony. Photographs that support the coroner s conclusions and aid in proving the manner and cause of death are relevant and material. State v. Bell, 273 Kan. 49, 52, 41 P. 3d 783 (2002); State v. Cavaness, 278 Kan , 101 P. 3d 717 (2004) (quoting State v. Parker, 277 Kan 838 syl. 5, 89 P. 3d 622 (2004));. State v. James 279 Kan. 354, 357, 109 P. 3d 1276 (2002). If the photographs are relevant and material in assisting the jury s understanding of medical testimony, they are admissible. State v. Deal, 271 Kan. 483, 493, 23 P. 3d 840 (2001). Even if the defendant does not dispute the cause of death, the prosecutor has the right and duty to present evidence by means of gruesome pictures. Even where the defendant concedes that cause of death, the prosecutor has the burden to prove all the elements of the crime charged and photographs to prove the elements of the crime, including the fact and manner of death and the violent nature of the crime, are relevant and admissible. State v Gholston, 272 Kan. 601, 35 P. 3d 868 (2001) cert. denied 536 U. S. 963, 122 S. Ct L. Ed. 2d 845 (2002). The admission of gruesome photos during a trial is a matter within the discretion of the trial court and will not be disturbed absent a showing of abuse of discretion. State v Barksdale 266 Kan. 498, 511, 973 P. 2d 165 (1999) (citing State v. Reed 256 Kan. 547, 557, 886 P. 2d 854

4 (1994)). In State v Sappington 285 Kan. 176, 195, 169 P 3d 1107 (2007), the court stated; we observe that the admission of photographs in a murder case has rarely been held to be an abuse of discretion. The fact that the pictures are gruesome does not change the relevance or admissibility of the evidence. In State v. Carr, 265Kan. 608, 623, 963 P. 2d.421 (1998), the Court found that, The fact that a photograph might be considered gruesome does not mean that it must excluded. As the court noted in State v. Green, 274 Kan. 145, p. 3d1276 (2002), gruesome crimes result in gruesome photographs. While photographs that are unduly gruesome and lack probative value should be excluded, demonstrative photographs are not inadmissible merely because they are gruesome and shocking where they are true reproductions of relevant physical facts and material conditions at issue. The State intends to use a small number of photographs that depict: 1. the bodies of Dr. William Corporan and Theresa Lamanno at the crime scenes, and 2. the location and extent of injuries received from each of the deceased victims as documented during the autopsy. These photographs will corroborate the testimony of the coroner and help the jury understand the medical testimony. It will also help describe the manner in which the victims were murdered on that day. The photographs proffered by the State are relevant and material to the crime of capital murder. They are not offered to prejudice or inflame the jury. The use of these photographs is a reasonable means of presenting evidence involving this brutal crime. The admission of the proffered photographs would not be consider an abuse of discretion upon appellate review.

5 The State therefore requests that this Court should permit the admission of the proffered photographs and find they are relevant and material to the crimes charged. Respectfully submitted, /s/ Stephen M. Howe 07/09/2015 /s/ Christopher L. McMullin 07/09/2015 Stephen M. Howe, #13785 District Attorney Christopher L. McMullin, #14967 Chief Deputy District Attorney P.O. Box 728 Olathe, Kansas (913) Fax: (913) CERTIFICATE OF MAILING I hereby certify that on this 9th day of July, 2015, a copy of the above and foregoing Memorandum was hand delivered to Frazier Glenn Cross via the Johnson County Sheriff s Office and to stand by counsel for the defendant via attachment. /s/ Stephen M. Howe Stephen M. Howe, District Attorney