Deblase v. State

294 So.3d 154

John Joseph DEBLASE

v.STATE of Alabama

CR-14-0482

Court of Criminal Appeals of Alabama.

November 16, 2018

Rehearing Denied February 22, 2019

Certiorari Denied August 23, 2019

Alabama Supreme Court 1180393

Alicia A. D'Addario, Carla C. Crowder, and Rachel P. Judge, Montgomery; Glenn L. Davidson, Mobile; and Arthur T. Powell III, Mobile, for appellant.

Luther Strange and Steve Marshall, attys. gen., and Beth Jackson Hughes, asst. atty. gen., for appellee.

KELLUM, Judge.

John Joseph DeBlase was convicted of three counts of capital murder in connection with the murders of his children, four-year-old Natalie Alexis DeBlase ("Natalie") and three-year-old Jonathan Chase DeBlase ("Chase"). The murders were made capital (1) because Natalie was less than 14 years of age, see § 13A-5-40(a)(15), Ala. Code 1975; (2) because Chase was less than 14 years of age, see § 13A-5-40(a)(15), Ala. Code 1975; and (3) because two or more persons were murdered by one act or pursuant to one scheme or course of conduct, see § 13A-5-40(a)(10), Ala. Code 1975. By a vote of 10-2, the jury recommended that DeBlase be sentenced to death for his capital-murder convictions. The trial court followed the jury's recommendation and sentenced DeBlase to death.¹

In its sentencing order, the trial court set out the facts of the crimes as follows:

"A. Background Facts

"At the time of her death on March 4, 2010, Natalie DeBlase (‘Natalie’) was age four years and four months. At the time of his death on Father's Day, June 20, 2010, Jonathan Chase DeBlase (‘Chase’) was age three years and six months. At the time of the children's deaths, DeBlase was twenty-five years old.

"DeBlase enjoyed a relatively normal upbringing in the Mobile area, attended public schools and graduated high school in 2003, earning a standard diploma. After high school, DeBlase worked several jobs and began a romantic relationship with Corrine Heathcock. Natalie was born of that relationship on November 4, 2005. In June 2006, DeBlase and Corrine married, and Chase was born on December 29, 2006. The marriage was tumultuous with intermittent periods of separation. DeBlase became involved with entertainment wrestling as a hobby, and developed a close circle of friends with the same interest. During a separation from Corrine, one of his wrestling friends moved in with DeBlase to defray living expenses. Corrine returned home and began an illicit relationship with the friend. Corrine left, and DeBlase moved in with his parents, Richard and Ann DeBlase. Corrine kept the children until DeBlase filed for divorce in May 2009. The children then lived with DeBlase and his parents. The divorce was final in June 2009 with DeBlase awarded primary physical custody of their children. Corrine's circumstances were such that she could not provide for the children, but for some time she had regular visitation with the children which DeBlase helped facilitate.

"By all accounts, Natalie and Chase were normal happy children. Medical records indicate they were regularly treated for expected childhood illnesses until approximately a year before their deaths. There is no indication the children were mistreated or abused until several months before their deaths. Corrine last had contact with the children on November 17, 2009. At that time, Corrine felt DeBlase was a proper and caring father for Natalie and Chase. She had no concerns about the safety of the children.

"In October 2008, DeBlase met the Co-Defendant, Heather Keaton (hereinafter ‘Keaton’), through a social media website. She was then enrolled as an undergraduate student at Springhill College in Mobile, attending on a scholarship. She is visually impaired. In 2009, she became ill and returned to her family's home in Louisville, Kentucky. Upon recovering, she came back to Mobile and moved into the home of Richard and Ann DeBlase, along with DeBlase, Natalie, and Chase. Keaton argued with Ann DeBlase about the proper way to care for the children, asserting superior knowledge on child rearing. She was domineering to the point that Richard DeBlase told her to leave his home. On December 23, 2009, Keaton, DeBlase, and the children left the DeBlase home and moved in with Dana Mullins (now deceased).

"In January 2010, they left Dana Mullins's home and stayed several weeks with a friend DeBlase knew through wrestling, Robin ‘Rivers’ Rios, his wife Heather Rios, and their children. There, DeBlase and Keaton argued over Keaton's desire to move back to Louisville. She told Heather Rios she did not want to raise DeBlase's children, but DeBlase wanted his children and Keaton to be a family. The arguments became more heated to the point the Rioses asked them to leave their home. Heather Rios called Ann DeBlase to express concern that DeBlase and Keaton would not properly care for Natalie and Chase.

"In early 2010, DeBlase contacted his parents and asked to borrow a car for the purpose of bringing Natalie and Chase back to live with them. When his parents talked to him the next day, he stated that he and the children would stay with Keaton and not return to his parents' home.

"In February, DeBlase, Keaton, and the children returned to the Rioses' home for a birthday party for one of the Rios children. Chase had diarrhea and smelled bad. Heather Rios bathed him. Both Natalie and Chase appeared hungry and ate unusually large quantities of food. The Rioses advised DeBlase and Keaton to get medical attention for Chase. After the birthday party in February, the Rioses never saw Natalie again.

"DeBlase, Keaton, Natalie, and Chase visited Roger Champion and his family in their trailer in the Chunchula area of north Mobile County in late January 2010. The Champions were relocating to north Alabama and agreed for DeBlase to rent the trailer. The night before the Champions departed, DeBlase bought hamburgers for he and Keaton for supper. Only one small salad was shared by Natalie and Chase. The next morning, Champion saw the children sharing one small individual snack-sized box of cereal. As DeBlase and Champion were loading the Champions' furniture into a truck, they heard the children screaming and crying. Upon investigation, Champion's wife told them that she had seen Keaton holding Natalie by the hair while she beat her with a belt and Chase was pushed to the floor. Keaton was enraged because the children had eaten part of a chocolate pie left on the kitchen counter. Champion confronted DeBlase and warned him not to let anything happen to the children. DeBlase responded that Keaton was in charge of disciplining the children and it was only a spanking. The treatment of the children so upset Champion's wife that she left the trailer. Champion knew DeBlase's parents and called them to say he thought Natalie and Chase were at risk of harm. Champion called Creighton Hobbs, a mutual friend with DeBlase, and asked him to check on Natalie and Chase after Champion left the area.

"Hobbs had previously attended a cook-out at the Champions' trailer with DeBlase, Keaton, and the children. On that occasion, Hobbs observed Keaton abusing Natalie and Chase. He saw Keaton screaming and cursing the children and roughly grabbing Natalie. Keaton said the children were ‘just horrible’ and ‘like demon spawn from Hell.’ Hobbs thought Keaton's conduct was out of line and warned her not to treat the children that way or he would call the police. DeBlase did nothing to stop Keaton's abuse of the children. Based on his interactions with DeBlase and Keaton, Hobbs felt Keaton was dominant and DeBlase the subservient member of their relationship.

"Hobbs visited DeBlase in February 2010 to check on the children at the Champions' trailer. DeBlase was on the floor in pain and Keaton was upset. Keaton claimed DeBlase's parents and his aunt and uncle had forced entry into the trailer, causing injury to DeBlase's ribs in the process and pushing Keaton to the floor. In a very agitated manner, Keaton, while referring to herself, declared, ‘I hope this baby dies.’ This is when Hobbs learned Keaton was pregnant. Hobbs took them to the emergency room for DeBlase to be examined, and then returned them to the trailer. While DeBlase was being examined, Hobbs took Natalie and Chase to supper. The children were extremely hungry. Soon thereafter, DeBlase advised Hobbs they were moving to Peach Place Apartments.

"Richard and Ann DeBlase testified to a different version of events. They had not seen the children since December 23, 2009, and had not given them their Christmas gifts or Chase's birthday gifts. They did not know where DeBlase was living, but by inquiring of his friends, learned they were at the Champions' trailer. In February, along with Richard's sister, Rose Heathcox, and her husband, they took the children's gifts to the trailer. Rose knocked on the door and DeBlase opened the door, expressed surprise at their visit, and allowed them to come in. He did not seem pleased by the unannounced visit, but let Natalie and Chase open their presents. Keaton came from the back of the trailer and became upset, shouting words to the effect of ‘what is that bitch doing here,’ referring to Ann DeBlase. To avoid a confrontation, Ann and Richard left the trailer and waited in the car for Rose and her husband. This was the last time they saw or spoke to their grandchildren. They denied any physical altercation or struggle while at the trailer.

"Later that month, DeBlase, Keaton, and the children moved into Unit 41 of Peach Place Apartments. Nicole Conniff was the manager of Peach Place. Many times she observed the children outside the apartment unattended in the parking area adjacent to a high traffic street. She and occupants of Peach Place were concerned about the safety of the unattended children. Chase often appeared with a dirty ‘sagging’ diaper.

"The rental agreement at Peach Place allowed access to all units by the manager for the purpose of pest control inspections. On one occasion, Conniff accompanied the pest

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