Rakestrau v. State

Trial counsel were not deficient for failing to interview and present a witness who gave a statement to police, implicating the defendant as the person who stabbed and killed the victim.

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Defendant Gregory Rakestrau was convicted of malice murder in connection with the stabbing of Adrian Jenkins III.1 On appeal, Rakestrau asserts three enumerations of error: ineffective assistance of trial counsel, violation of Batson v. Kentucky , and violation of the rule of sequestration. Finding no error, we affirm. On December 21, 2002, defendant, his girlfriend, and his nephew went to a dance party at the Radium Springs Country Club in Dougherty County. Total attendance at the party was approximately 150-200 people. The dance area of the club was illuminated only by a strobe light and light from the bar area. During the party, defendant was involved in a physical altercation with the victim, Adrian Jenkins, as a result of the Jenkins’ alleged touching of defendant’s girlfriend in a provocative manner. Defendant and Jenkins engaged in a fistfight that progressed to a “tussle” on the dance floor. Defendant was observed by onlookers making what appeared to be stabbing motions while on top of Jenkins.

The fight was broken up and defendant left the club. A Dougherty County deputy sheriff who was working off-duty as a security guard observed blood on defendant’s shirt. Police officers attempting to control the scene overheard onlookers saying that defendant had stabbed Jenkins. Defendant told one of his friends that he had stabbed the victim. Additionally, defendant’s nephew told another friend that defendant had stabbed Jenkins during the fight. Jenkins was helped by friends to the parking lot of the club where he collapsed. Medical help was summoned and Jenkins was transported to a local hospital. Jenkins suffered nine stab wounds, including one which penetrated his heart, and he was pronounced dead at the hospital.

Rakestrau v. State

Trial counsel were not deficient for failing to interview and present a witness who gave a statement to police, implicating the defendant as the person who stabbed and killed the victim.

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