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Appendix a Lindsay V Appendix A Lindsay v. State, --- So.3d ---- (2019) Cole, J., recused himself. 2019 WL 1105024 Only the Westlaw citation is currently available. Appeal from Etowah Circuit Court (CC-13-652). William NOT YET RELEASED FOR PUBLICATION. B. Ogletree, Judge Court of Criminal Appeals of Alabama. Attorneys and Law Firms Stephon LINDSAY Angela L. Setzer and Alison N. Mollman, Montgomery; Paul v. R. Roberts II, Gadsden; and Scott F. Stewart, Gadsden, for STATE of Alabama appellant. Steve Marshall, atty. gen., and Stephen M. Frisby, asst. atty. CR-15-1061 gen., for appellee. | March 8, 2019 Opinion Synopsis KELLUM, Judge. Background: Defendant was convicted in the Etowah Circuit Court, CC-13-652, of capital murder, and was sentenced to *1 The appellant, Stephon Lindsay, was convicted of death. Defendant appealed. murdering his 21-month-old daughter, Maliyah Lindsay, an offense defined as capital by § 13A-5-40(a)(15), Ala. Code 1975, because Maliyah was less than 14 years of age. The jury unanimously recommended that Lindsay be sentenced to Holdings: The Court of Criminal Appeals, Kellum, J., held death. The circuit court followed the jury's recommendation that: and sentenced Lindsay to death.1 This appeal, which is trial court was not required to conduct formal competency automatic in a case involving the death penalty, followed. See hearing to determine defendant's competency to stand trial; § 13A-5-55, Ala. Code 1975. prospective juror was not required to be removed for cause The State's evidence tended to show that on March 12, 2013, based on fact that juror had gone to school with defense police discovered Maliyah's body in a wooded area after counsel's mother and father and had known the district Lindsay confessed to murdering her and told police where attorney his whole life; he had taken her body. Dr. Valerie Green, medical examiner with the Alabama Department of Forensic Sciences, testified any error in trial court's failure to remove prospective juror that Maliyah died of “multiple sharp force injuries” to her for cause, based on fact that juror had gone to school with neck and that the cuts severed her jugular vein and carotid defense counsel's mother and father and had known the artery. (R. 1811.) The cuts were so deep, Dr. Green said, district attorney his whole life, was harmless; that Maliyah's spinal cord was visible. Maliyah also had cuts on her chest and chin, defensive wounds on her hands, prospective juror was not required to be sua sponte removed and bruising around her mouth, which was consistent with for cause based on her indication during voir dire that she someone holding his hand over Maliyah's mouth. (R. 1786.) might have a hard time due to the nature of crime photos; and Tasmine Thomas, Maliyah's mother, testified that she and prospective juror was not required to be sua sponte removed Lindsay had two children together and that Maliyah was born for cause based on fact that juror was a probation officer and in June 2011. She testified that at the time Maliyah was knew district attorney and staff. murdered she and Lindsay and the children lived in a two- story apartment on White Avenue in Gadsden. On March 5, 2013, she said, she stayed in the apartment all day and went Affirmed as to conviction; remanded for correction of to the grocery store that evening. When she got back from the sentencing order. store she started feeling sick and went to bed. Lindsay told © 2021 Thomson Reuters. No claim to original U.S. Government Works. 1 Lindsay v. State, --- So.3d ---- (2019) her that his sister was going to take Maliyah to go stay with In the circuit court's sentencing order, the court set out the her so that Thomas could have a break. Thomas testified: following facts surrounding Lindsay's confession: “[Prosecutor]: Was there anything unusual about the way “The videotape of [Lindsay's] statement to police was that [Lindsay] was acting between the time that you last admitted into evidence at trial, in which [Lindsay] talked saw Maliyah and when you wanted to go get her? at length about his religion, Yahweh ben Yahweh, and how he came to be a believer. He said that he was told “[Thomas]: No. He was -– He did what he normally does. by Yahweh to kill his daughter. He said that the reason Like, he was cleaning a lot downstairs. He was cleaning a he had to kill Maliyah was because she had become like lot. an idol to him because of her beauty and innocence, and because he loved her too much. Lindsay described how “[Prosecutor]: Was that unusual? he murdered his daughter, cutting her throat and nearly “[Thomas]: No. He cleaned a lot already. But he was doing decapitating the child. He told Hammonds that he used an it a little bit too much. axe or hatchet to kill the child on the evening of March 5, 2013, at the apartment on White Avenue, while Tasmine “[Prosecutor]: Why do you say a little bit too much? and their infant daughter were sleeping upstairs. He said the murder took place in the room beside the kitchen. Lindsay “[Thomas]: Because I smelled a lot of bleach. It was strong. told detectives that during the murder, Maliyah tried to “[Prosecutor]: Did you ask him about it? scream but he held his hand over her mouth. “[Thomas]: I asked him why was he using so much bleach. “Lindsay said that he placed Maliyah's body in a tote bag, and put it on the front seat of his car when he left the “[Prosecutor]: What did he tell you? apartment. He said that he waited until very late to leave with the body, then just started driving. He said he left her “[Thomas]: He said because he liked the smell of bleach body in the bag in the woods off the side of the road. He when he cleans. Like, he was using bleach Pine-sol.” took the hatchet and his swords to another street and threw (R. 1569-70.) Thomas said that on March 11, 2013, she asked them into the woods. He then used Clorox and washing Lindsay when he was going to bring Maliyah home. She said powders to clean up the blood in the apartment. He left the that Lindsay left their apartment early that morning and told apartment on March 11, 2013, after telling Tasmine he was her that he was going to get Maliyah. She waited for Lindsay going to pick up Maliyah at this sister's house. He said that about three hours and then telephoned Lindsay's sister. His he sold his car, but that he never intended to run away, he sister told her that Maliyah had not been with them and just needed the money. Lindsay said he always intended to that she had not seen Maliyah since March 5. Thomas then tell the truth about what he had done to Maliyah. telephoned emergency 911. “Following the directions Lindsay gave, Gadsden police *2 Det. Thomas Hammonds with the City of Gadsden Police officers went to a wooded area off Plainview Street and Department testified that he was assigned to investigate the began to search. They found Maliyah's body near a bucket case and that police tried to locate Lindsay and tracked his in the woods containing a dead puppy. After searching that cellular telephone to an address in Clayton. When Lindsay area, officers brought Lindsay to the scene. He directed came out of the door of the residence he asked Lindsay if them to an area on the side of the mountain off Brentwood Maliyah was okay and Lindsay responded, “No, she's not Avenue, where he said he threw the hatchet and the okay” ... “She is not alive.” (R. 1600.) He took Lindsay back swords into the woods. Investigators from Gadsden Police to the police station and advised him of his Miranda2 rights. Department, the Etowah County Sheriff's Department, the Lindsay confessed that he killed Maliyah by cutting her neck, Etowah County Drug Enforcement Unit, and agents from and he told police that he put her body in a bag and took the Center for Applied Forensics at Jacksonville State the body to a wooded area. He also said that he took several University conducted an extensive search of the heavily weapons, an axe and several swords, and disposed of them wooded hillside that went on throughout the night and the near the body. following day. Officers found two knives or swords that had belonged to Lindsay, but the hatchet was not recovered, due to the steep terrain and dense woods. On the other © 2021 Thomson Reuters. No claim to original U.S. Government Works. 2 Lindsay v. State, --- So.3d ---- (2019) side of the road, in a ravine, officers recovered several torn The jury found Lindsay guilty of murdering Maliyah. A pieces of paper and/or cardboard containing [Lindsay's] presentence report was prepared and a sentencing hearing religious writings, as well as an empty Clorox bottle.” was held before the same jury. The jury unanimously (C. 115-16.) recommended a sentence of death after it found two aggravating circumstances: (1) that Lindsay had previously In his defense, Lindsay presented the testimony of Dr. been convicted of a felony involving the use or threat of Robert Bare, a psychologist at Taylor Hardin Secure Medical violence to the person, § 13A-5-49(2), Ala. Code 1975; and Facility (“Taylor Hardin”). Dr. Bare testified that he evaluated (2) that the murder was especially heinous, atrocious, or cruel Lindsay and that it was his opinion that Lindsay suffered from as compared to other capital murders, § 13A-5-49(8), Ala.
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