REPORT OF THE TRIAL JUDGE Aggravated First Degree Murder Case

Transcription

1 DATE FILED: 1/17/83 (to be indicated by Clerk of Supreme Court) Questionnaire approved for use pursuant to Laws of 1981, ch. 138, 12. REPORT OF THE TRIAL JUDE Aggravated First Degree Murder Case Superior Court of SNOHOMISH County, Washington Cause No State v. CHARLES RODMAN CAMPBELL INSTRUCTIONS: Please answer each question. If you do not have sufficient information to supply an answer, please so indicate after the specific question. If sufficient space is not allowed on the questionnaire form for answer to the question, use the back of the page, indicating the number of the question which you are answering, or attach additional sheets. If more than one defendant was convicted of aggravated first degree murder in this case, please make out a separate questionnaire for each such defendant. The statute specifies that this report shall, within thirty (30) days after the entry of the judgment and sentence, be submitted to the Clerk of the Supreme Court, to the defendant or his or her attorney, and to the prosecuting attorney. 0009

2 - 2 - (1) Information about the Defendant CHARLES RODMAN (a) Name: CAMPBELL, Last, First Middle Date of Birth: 10/21/54 Sex: M Marital Status: Never Married F Married Separated Divorced Spouse Deceased Race or ethnic origin of defendant: WHITE (SOME HAWAIIAN ANCESTRY) (Specify) (b) Number and ages of defendant's children: TWO - ONE SON LEITIMATE BY FRANCINE CAMPBELL, AE 8 YEARS. ONE ILLEITIMATE SON BY JUDITH DIRKS, AE 2 MONTHS. (c) Defendant's Father living: If deceased, date of death: Defendant's Mother living: If deceased, date of death: (d) Number of children born to defendant's parents: 4 (e) Defendant's education--check highest grade completed: College: Intelligence Level: Low IQ Score:? Medium Above Average High Further explanation or comment:

3 - 3 - (f) Was a psychiatric evaluation performed: If yes, did the evaluation indicate that the defendant was: able to distinguish right from wrong? (i) able to perceive the nature and quality (ii) of his or her act? able to cooperate intelligently in his (iii) or her own defense? (g) Please describe any character or behavior disorders found or other pertinent psychiatric or psychological information: THERE WERE NO DISTINCTIVE CHARACTER OF BEHAVIOR DISORDERS FOUND OTHER THAN SOME INDICATION OF ANTI-SOCIAL BEHAVIOR. (h) Please describe the work record of the defendant: THE WORK RECORD OF THE DEFENDANT IS AS FOLLOWS: THE DEFENDANT WAS EMPLOYED IN NUMEROUS ODD JOBS THROUH-OUT HIS ADOLESCENCE AND ADULT YEARS. OTHER THAN DURIN TIMES OF HIS INCARCERATION, HIS LAST EMPLOYMENT WAS WITH A LANDSCAPIN FIRM OWNED BY SCOTT BLEDSOE, WHILE HE WAS ON EVERETT WORK RELEASE. (i) If the defendant has a record of prior convictions, please list: Offense Date Sentence Imposed DEFRAUD INNKEEPER 2/7/73 $25.00 FINE 2ND DEREE BURLARY 1/2/76 15 YRS. D.I. *SODOMY 1/27/76 10 YRS. D.I. *1ST DEREE ASSAULT 1/27/76 20 YRS. D.I. *SPECIAL FINDIN - ARMED WITH DEADLY WEAPON. (j) Length of time defendant has resided in: Washington: 28 YRS. County of conviction: *28 YRS. *OFFENSE #3 COMMITTED IN A FUITIVE UNTIL ARREST AND CONVICTION OF #2 IN OKANOAN COUNTY - IN DEPT. OF INSTITUTIONS FROM 1/76 TO 2/82

4 - 4 - (2) Information about the Trial (a) How did the defendant plead to the charge of aggravated first degree murder?: uilty Not uilty Not uilty by reason of insanity (b) Was the defendant represented by counsel?: (c) Please indicate if there was evidence introduced or instructions given as to any defense(s) to the crime of aggravated first degree murder: Evidence Instruction(s) Excusable Homicide Justifiable Homicide Insanity Duress Entrapment Alibi Intoxication Other specific defenses: *MIS-IDENTIFICATION *ISSUE PRESENTED AND ARUED BASED ON CROSS-EXAMINATION AND RE-CALLIN OF STATES WITNESSES - ENERAL INSTRUCTIONS ON STATES BURDEN COVERED ISSUE.

5 - 5 - (d) If the defendant was charged with other offenses which were tried in the same trial, list the other offenses below and indicate whether defendant was convicted: Convicted NONE (e) What aggravating circumstances, as set forth in Laws of 1981, ch , were alleged against the defendant and which of these circumstances were found to have been applicable?: Aggravating Circumstances Alleged Found Applicable SEE PAE 5(A) AND 5(B) ATTACHED. (f) Please provide the names of each other defendant tried jointly with this defendant, the charges filed against each other defendant, and the disposition of each charge: Name: NONE Offenses Charged Disposition

6 - 5B - (e) What aggravating circumstances, as set forth in Laws of 1981, ch , were alleged against the defendant and which of these circumstances were found to have been applicable?: Aggravating Circumstances Alleged Found Applicable AS TO RENAE WICKLUND 1. PRISONER 2. VICTIM FORMER WITNESS 3. MURDERED TO PROTECT IDENTITY 4. MULTIPLE VICTIMS PART OF COMMON SCHEME OR PLAN 5. MURDER COMMITTED IN COURSE OF (A) ROBBERY 1ST DEREE *(B) RAPE 1ST DEREE (C) BURLARY 1ST DEREE Aggravating Circumstances Alleged Found Applicable AS TO SHANNAH WICKLUND 1. PRISONER 2. MURDERED TO PROTECT IDENTITY 3. MULTIPLE VICTIMS PART OF COMMON SCHEME OR PLAN 4. MURDER COMMITTED IN COURSE OF (A) ROBBERY 1ST DEREE *(B) RAPE 1ST DEREE (C) BURLARY 1ST DEREE Aggravating Circumstances Alleged Found Applicable AS TO BARBARA HENDRICKSON 1. PRISONER 2. VICTIM FORMER WITNESS 3. MURDERED TO PROTECT IDENTITY 4. MULTIPLE VICTIMS PART OF COMMON SCHEME OR PLAN 5. MURDER COMMITTED IN COURSE OF (A) ROBBERY 1ST DEREE *(B) RAPE 1ST DEREE (C) BURLARY 1ST DEREE

7 - 5B - *RENAE WICKLUND S VAINAL CANAL WAS TORN BY INSERTION OF A BLUNT INSTRUMENT AT LEAST 10 IN LENTH AND 1 TO 1.5 IN DIAMETER. NO HEMORRHAE WAS PRESENT. THEREFORE THE PATHOLOIST CONCLUDED THE WOUND OCCURRED AFTER BLOOD CIRCULATION CEASED, AND FURTHER THAT DEATH OCCURRED WITHIN 1 TO 2 MINUTES AFTER CIRCULATION CEASED. HE WAS OF THE OPINION THAT THE WOUND COULD HAVE OCCURRED UP TO 2 HOURS AFTER CIRCULATION CEASED. DUE TO THIS TESTIMONY THE COURT WITHDREW THE QUESTION OF RAPE FROM THE JURY AND INSTRUCTED THEM ACCORDINLY.

8 - 6 - Name: Offenses Charged Disposition (3) Information Concerning the Special Sentencing Proceeding (a) Date of Conviction: 11/26/82 Date special sentencing proceeding commenced: 11/29/82 (b) Was the jury for the special sentencing proceeding composed of the same jurors as the jury that returned the verdict to the charge of aggravated first degree murder? If the answer to the above question is no, please explain: (c) Was there, in the court's opinion, credible evidence of any mitigating circumstances as provided in Laws of 1981, ch. 138, 7? If yes, please describe:

9 - 7 - (d) Was there evidence of mitigating circumstances, whether or not of a type listed in Laws of 1981, ch. 138, 7, not described in answer to (3)(c) above? If yes, please describe: (e) How did the jury answer the question posed in Laws of 1981, ch. 138, 6(4), that is: "Having in mind the crime of which the defendant has been found guilty, are you convinced beyond a reasonable doubt that there are not sufficient mitigating circumstances to merit leniency? (f) What sentence was imposed? DEATH (4) Information about the Victim (a) Was ANY victim related to the defendant by blood or marriage? If yes, please describe the relationship: (b) What was the victim's occupation, and was the victim an employer or employee of the defendant? 1. RENAE WICKLUND - EDUCATIONAL CONSULTANT - NO 2. SHANNAH WICKLUND - STUDENT - NO 3. BARBARA HENDRICKSON - HOUSEWIFE - NO

10 - 8 - (c) (d) Was the victim acquainted with the defendant, and if so, how well? RENAE WICKLUND WAS ASSAULTED AND SODOMIZED BY DEFENDANT IN 1974, IN THE SAME RESIDENCE IN WHICH SHE WAS KILLED IN HER DAUHTER SHANNAH WAS RESTRAINED BY THE DEFENDANT WHO HELD A KNIFE AT HER THROAT AND THREATENED HARM TO HER IF RENAE DID NOT SUBMIT TO ACTS OF SODOMY. AFTER THIS EVENT, RENAE RAN TO THE HOUSE OF HER NEIHBOR BARBARA HENDRICKSON, WHO OBSERVED HER DISTRAUHT CONDITION AND HEARD HER EXCITED UTTERANCES. BOTH RENAE WICKLUND AND BARBARA HENDRICKSON TESTIFIED IN DEFENDANT S TRIAL IN DEFENDANT WAS PRESENT DURIN THE TRIAL. If the victim was a resident of Washington, please state: Length of Washington residency: County of residence: UNKNOWN, BUT ALL 3 VICTIMS LIVED IN SNOHOMISH COUNTY AT AND SINCE Length of residency in that county: THE SODOMY OFFENSE IN (e) Was the victim of the same race or ethnic origin as the defendant? If no, please state the victim's race or ethnic origin: ALL 3 WERE WHITE, (BUT WITHOUT ANY KNOWN HAWAIIAN ANCESTORS) (f) Was the victim of the same sex as the defendant? (g) Was the victim held hostage during the crime? UNKNOWN If yes, for how long: (h) Please describe the nature and extent of any physical harm or torture inflicted upon the victim prior to death: ALL THREE VICTIMS HAD BEEN BEATEN AND ASSAULTED PRIOR TO DEATH. RENAE WICKLUND WAS SEVERELY BEATEN AND SUSTAINED SUBSTANTIAL PHYSICAL INJURY. SHANNAH WICKLUND SUSTAINED NUMEROUS CUTS AND PUNCTURE WOUNDS PRIOR TO THE FATAL WOUNDS. BARBARA HENDRICKSON WAS ASSAULTED TO A LESSER DEREE PRIOR TO THE INFLICTION OF FATAL WOUNDS.

11 - 9 - (i) What was the age of the victim? RENAE WICKLUND, 31 - SHANNAH WICKLUND, 8 - BARBARA HENDRICKSON, 51 (j) What type of weapon, if any, was used in the crime? THE WEAPON WHICH CAUSED DEATH OF ALL 3 VICTIMS, THOUH NOT RECOVERED, HAD THE CHARACTERISTICS OF A KNIFE. THE PATHOLOIST DESCRIBED IT AS A STURDY BLADE, APPROXIMATELY.5 WIDE, WITH ONE SHARP EDE AND ONE DULL EDE, A MINIMUM OF 3 IN LENTH PLUS A HANDLE OR RIPPIN AREA. IN ADDITION RENAE WICKLUND S VAINAL CANAL WAS TORN BY INSERTION OF A BLUNT INSTRUMENT AT LEAST 10 IN LENTH AND 1 TO 1.5 IN DIAMETER. (5) Information about the Representation of Defendant (If more than one counsel represented the defendant, answer each question separately as to each counsel. Attach separate sheets containing answers for additional counsel.) (a) Name of counsel: KENNETH LEE (b) Date on which counsel was secured: 4/20/82 (c) Was counsel retained or appointed? If appointed, please state the reason therefor: APPOINTED. DEFENDANT INDIENT. (d) How long has counsel practiced law, and what is the nature of counsel's practice? SINCE ENERAL CIVIL AND CRIMINAL (e) Did the same counsel serve at both the trial and the special sentencing proceeding, and if not, why not? WITHDREW AT DEFENDANT S REQUEST ON 7/20/82 PRIOR TO COMMENCEMENT OF TRIAL.

12 (5) Information about the Representation of Defendant (If more than one counsel represented the defendant, answer each question separately as to each counsel. Attach separate sheets containing answers for additional counsel.) (a) Name of counsel: ROYCE FERUSON (b) Date on which counsel was secured: 4/21/82 (c) Was counsel retained or appointed? If appointed, please state the reason therefor: APPOINTED. DEFENDANT INDIENT. (d) How long has counsel practiced law, and what is the nature of counsel's practice? SINCE ENERAL CIVIL AND CRIMINAL (e) Did the same counsel serve at both the trial and the special sentencing proceeding, and if not, why not? WITHDREW AT DEFENDANT S REQUEST ON 7/20/82 PRIOR TO COMMENCEMENT OF TRIAL.

13 (5) Information about the Representation of Defendant (If more than one counsel represented the defendant, answer each question separately as to each counsel. Attach separate sheets containing answers for additional counsel.) (a) Name of counsel: MARK MESTEL (b) Date on which counsel was secured: 7/22/82 (c) Was counsel retained or appointed? If appointed, please state the reason therefor: APPOINTED. DEFENDANT INDIENT. (d) How long has counsel practiced law, and what is the nature of counsel's practice? SINCE CRIMINAL PRACTICE. (e) Did the same counsel serve at both the trial and the special sentencing proceeding, and if not, why not? YES.

14 (5) Information about the Representation of Defendant (If more than one counsel represented the defendant, answer each question separately as to each counsel. Attach separate sheets containing answers for additional counsel.) (a) Name of counsel: ANTHONY SAVAE (b) Date on which counsel was secured: 8/24/82 (c) Was counsel retained or appointed? If appointed, please state the reason therefor: APPOINTED. DEFENDANT INDIENT. (d) How long has counsel practiced law, and what is the nature of counsel's practice? SINCE ENERAL CIVIL AND CRIMINAL. (e) Did the same counsel serve at both the trial and the special sentencing proceeding, and if not, why not? YES.

15 (6) eneral Considerations (a) Was the race or ethnic origin of the defendant, victim, or any witness an apparent factor at trial? If yes, please explain: (b) What percentage of the population of the county is the same race or ethnic origin as the defendant? NOTWITHSTANDIN THE TRACE OF HAWAIIAN DESCENT, I WOULD REARD MR. CAMPBELL AS BEIN OF THE WHITE RACE. Race Ethnic Origin Under 10% 10-25% 25-50% 50-75% 75-90% Over 90% If there appears to be any reason to answer this question with respect to a county other than the county in which the trial was held, please explain: THE JURY WAS SELECTED IN SPOKANE COUNTY AND BROUHT TO SNOHOMISH COUNTY. I WOULD ASSUME THAT THE ABOVE FIURES OF RACIAL - ETHNIC MIX ARE THE SAME IN BOTH COUNTIES.

16 (c) How many persons of the defendant's or victim's race or ethnic origin were represented on the jury? DEFENDANT WHITE (SEE NOTE ABOVE). ALL VICTIMS WHITE - 12 JURORS AND 3 ALTERNATES WHITE. Defendant: Victim: Further explanation or comment: (d) Was there any evidence that persons of any particular race or ethnic origin were systematically excluded from the jury? If yes, please explain: (e) Was the sexual orientation of the defendant, victim, or any witness an apparent factor at trial? If yes, please explain:

17 (f) Was the jury specifically instructed to exclude race, ethnic origin, or sexual preference as an issue? (g) Was there extensive publicity in the community concerning this case? (h) Was the jury instructed to disregard such publicity? (i) Was the jury instructed to avoid any influence of passion, prejudice or any other arbitrary factor when considering its verdict or its findings in the special sentencing proceeding? (j) Please describe the nature of any evidence suggesting the necessity for instructions of the type described in 6(f) through 6(i) above which were given: THE EXTENT OF PUBLICITY IVEN THE CRIMES AND THE TRIAL AS WELL AS THE BRUTAL NATURE OF THE CRIMES WARRANTED THE IVIN OF SUCH INSTRUCTIONS.

18 (k) eneral comments of the trial judge concerning the appropriateness of the sentence, considering the crime, the defendant, and other relevant factors: THE SENTENCE IS APPROPRIATE. (7) Information about the Chronology of the Case (a) Date of offense: 4/14/82 (b) Date of arrest: 4/19/82 (c) Date trial began: 10/25/82 (d) Date jury returned verdict: 11/26/82 (e) Date post-trial motions ruled on: 12/17/82 (f) Date special sentencing proceeding began: 11/29/82 (g) Date sentence was imposed: 12/17/82 (h) Date this trial judge's report was completed: 1/12/83 DENNIS BRITT TRIAL JUDE