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Wilson v. State

Admission of a testifying witness's prior inconsistent statement did not violate the defendant's confrontation right.

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Brenda Wilson appeals her conviction for malice murder in connection with the fatal shooting of Charles Russell. She challenges the admission into evidence of certain testimony and a videotape interview, the failure to grant her a new trial due to an alleged Brady violation, and the sufficiency of the evidence of her guilt. Finding the challenges to be without merit, we affirm.1 During the early morning hours of October 14, 1981, Charles Russell received a telephone call from his niece, Suzanne Johnson; he left his house on Old Cove Road ostensibly to take some vitamins or medicine to her. Russell got out of his car to open the gate across his driveway and was shot twice —once by a shotgun blast to the head that came from an elevated embankment next to the driveway, and once by a blast from a high velocity small caliber weapon through his back. Russell’s wife heard a vehicle leaving the area after she heard shots fired. Russell managed to walk back to his house where he told his wife that “they” shot him, but he did not identify his assailants. Russell died shortly after his arrival at the emergency room of a local hospital.

Investigations at the crime scene turned up two different kinds of fresh cigarette butts in the wooded area next to the driveway; one set of butts was from brown cigarettes. Bushes and brush in the area had been trampled down. This and the number of cigarette butts found led police to believe that the assailant or assailants laid in wait for some time to attack Russell as he opened the gate that they had closed. Russell’s car was found down an embankment covered in kudzu, approximately one half mile from his home. Fingerprints were lifted from the steering wheel, but the prints did not match any of the initial suspects of the crime.

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