State v. Sales
State v. Sales
Opinion of the Court
Robert Lee Sales seeks reversal of his conviction of murder in the first degree and sentence of life imprisonment thereon for the killing of JoAnn Poulsen, committed on August 21, 1971. His claims of error center upon the contention that there had been so much publicity about the case that he could not and did not have a fair trial by an impartial jury in Weber County.
The victim, JoAnn Poulsen, 19 years of age, was last seen by her friends in Ogden at about 1:30 a. m. on August 20, 1971. Upon her failure to return to her home in Tremonton the authorities were notified. Continuous search and inquiry failed to locate her. In one of them the Weber County Sheriff’s Department used scuba divers and sonar equipment in the Pine View Reservoir without success. Notwithstanding continued search and inquiry the whereabouts of the missing girl and her automobile continued to be a mystery.
About one year after her disappearance, in August 1972, her parents offered a $1,000 reward for any information that would lead to finding her. At that time the defendant was in the Weber County Jail
We think it unnecessary and undesirable to burden the printed page with any extensive account of the evidence presented during this protracted trial which lastly nearly three weeks (12 trial days) and in which 42 witnesses were called, except a brief summary of some significant aspects thereof. One of these was the testimony of the defendant’s own brother. He related that he received a phone call from defendant in the early morning hours of the night of Miss Poulsen’s disappearance, that defendant asked him to pick him up at the Pine View Dam; and that he did so a block or two from where the car was later taken from the water. The brother returned Sales to his car located on the main highway between Ogden and Tremonton.
A friend of the defendant testified that the defendant told her he had put Miss Poulsen in the trunk of her car and dumped her car in the water. Another friend testified that defendant told him that defendant had killed a girl, put her in the trunk of her car, and pushed the car in the dam. An inmate of the jail testified that the defendant described to him how he had had car trouble, got a ride with Miss Poulsen, pulled a knife on her, had intercourse with her, strangled her with her bra, put the body in the trunk of her car, drove it to Pine View and pushed it over the edge.
It will be seen from the foregoing that there is no serious question about whether there is sufficient evidence to justify the jury’s finding beyond a reasonable doubt that defendant was guilty of the crime.
The mystery of the disappearance and the frustrations in searching for the missing girl were a matter of great anxiety to everyone. It is true, as it is but natural to expect, that there was considerable publicity in all news media. For example, with respect to newspaper publicity in the immediate area: It is shown that the Ogden Standard-Examiner, the leading newspaper in that area, which goes to approximately 80 per cent of Ogden’s homes, published a total of 40 articles about JoAnn’s disappearance, the finding of her body and other details concerning the arrest, trial and conviction of the defendant. There was similar coverage in many broadcasts over the area radio and television stations.
When the case was first set for trial in October 1973, the court granted a defense motion for a continuance to allow the effect of publicity to lessen. In January 1974, a similar motion was made, or in the alternative, for a change of venue. But the publicity had been so pervasive that similar difficulties would have existed elsewhere and the court denied the motion.
The trial commenced and the process of jury selection began on January 7, 1974. It is of course not to be supposed that any intelligent person in the area had not been aware of the publicity concerning this crime.
We have no desire to in any way disparage or minimize the right to a trial by a fair and impartial jury. We reiterate what has often been said: that it is a sacred part of our heritage, which should be zealously safeguarded by the courts.
Accordingly, the right to have a trial by a jury free from the influences of publicity must be considered in relation to the rights of freedom of speech and of the press,
When the foregoing considerations are taken into account as applied to the conduct of this trial, it is our judgment that the trial court exercised commendable care to determine that despite whatever jurors may have been made aware of concerning the charged offense through publicity, they conscientiously believed that they could set it aside and act without bias or prejudice as fair and impartial jurors.
Affirmed. No costs awarded.
. Defendant cites and relied on Estes v. Texas, 381 U.S. 532, 85 S.Ct. 1628, 14 L.Ed.2d 543; Rideau v. Louisiana, 373 U.S. 723, 83 S.Ct. 1417, 10 L.Ed.2d 663; Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 1507, 16 L.Ed.2d 600.
. He has since been convicted of kidnapping and is serving a life term in the Montana State Prison.
. We gave consideration to similar contentions in the case of Sinclair v. Turner, 20 Utah 2d 126, 434 P.2d 305; the observations there made are applicable here.
. E. g. See statement by Justice Murphy in Jacob v. City of New York, 315 U.S. 752, 753, 62 S.Ct. 854, 86 L.Ed. 1166.
. See Constitution of Utah, Art. I, Sec. 15; Constitution of the United States, Amendment I.
. That a person of that frame of mind is not disqualified as a juror see Sec. 77-36-21, U.C.A.1953; and that this is primarily for the trial court to determine see State v. BeBee, 110 Utah 484, 175 P.2d 478.
.That there should be no reversal unless there is error which is substantial and prejudicial so that injustice results, see Sec. 77-42-1, U.C.A.1953; State v. Lyman, 10 Utah 2d 58, 348 P.2d 340, and Murphy v. Florida, - U.S. -, 95 S.Ct. 2031, 44 L.Ed.2d 589 (1975).
Reference
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- STATE of Utah, and v. Robert Lee SALES, and
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