State v. Campbell

481 P.3d 118

STATE of Idaho, Plaintiff-Respondent,

v.Carli Joann CAMPBELL, Defendant-Appellant.

Docket No. 47037

Supreme Court of Idaho, Boise, December 2020 Term.

Opinion filed: February 10, 2021

Eric Don Fredericksen, State Appellate Public Defender, Boise, for Appellant. Ben McGreevy argued.

Lawrence G. Wasden, Idaho Attorney General, Boise, for Respondent. Justin Porter argued.

MOELLER, Justice

This case asks us to determine whether the district court properly instructed the jury on the elements of accessory to a felony. The State charged Carli Campbell as an accessory to a felony under Idaho Code section 18-205(1) for withholding or concealing information from police officers about an aggravated battery and burglary that occurred in her home on December 24, 2017. After the evidentiary phase of the trial was completed, Campbell requested that the district court instruct the jury that the State was required to prove that the alleged assailant, Michael Cross, committed the aggravated battery or burglary beyond a reasonable doubt. The State opposed this request and the district court agreed, concluding that while the State was required to prove Campbell had knowledge of the conduct that constituted an aggravated battery or a burglary, it was not was required to prove Cross committed the aggravated battery or burglary beyond a reasonable doubt. At the conclusion of the trial, the jury found Campbell guilty. Campbell now appeals her conviction to this Court. We affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

Daniel Renaud and Carli Campbell have known each other for about fifteen years. Sometime after Campbell's husband was incarcerated, their relationship had become romantic.¹ On December 23, 2017, Campbell and her female friend met Renaud at a bowling alley around 10:00 p.m. About an hour later, Renaud, Campbell, and her friend took an Uber back to Campbell's house, near Hayden, Idaho. Renaud left his vehicle at the bowling alley because he had been drinking. Once back at Campbell's house, the three of them played cards and drank alcohol. Later, after Campbell and Renaud had engaged in sexual intercourse in her bedroom, Campbell became angry when she saw Renaud cuddling on the couch with her friend. Renaud suggested that he, Campbell, and her friend engage in a "threesome." Campbell was incensed and demanded that Renaud leave. He refused, claiming he was too drunk, it was 2:30 a.m., and his vehicle was parked at the bowling alley. Campbell went outside with her phone for about five minutes, and then returned and told Renaud that he would get his "ass kicked" if he did not leave. Campbell told him, "If I was [sic] you, I would leave." Renaud said he would be staying, and then closed his eyes and fell asleep on the couch.

Shortly thereafter, Renaud opened his eyes and saw Matthew Cross coming through the front door and rushing at him. He recognized Cross because Renaud had met him on two prior occasions. He testified that Cross pointed at Renaud and then "bull rushed" him. Cross punched and kicked Renaud, until he became unconscious.

Campbell called 911 and requested an ambulance. She told the operator, "there was like a dispute over a girl and someone got punched." Kootenai County Sheriff's Deputy Brock responded to a report of an unconscious male at Campbell's house around 3:13 a.m. on December 24, 2017. When Deputy Brock arrived, Campbell met him and directed him to the kitchen, where he observed a male, later identified as Renaud, propped up by Campbell's friend. Renaud was lethargic, mumbling, his eyes were rolling around, and he had blood on his face. Deputy Brock attempted to question Renaud but Renaud was largely incoherent.

Campbell told Deputy Brock that an unknown individual entered her home without permission, beat Renaud until he was unconscious, and then left. She stated that she had not seen anything or anybody because she was in another room sleeping when it happened. Later, Deputy Brock overheard Campbell tell medical personnel that Renaud had been kicked and punched. Because Campbell had told Deputy Brock that she did not see anything, Deputy Brock questioned her again. Campbell then told Deputy Brock, "I didn't see what happened. I just know that I saw the kick." Campbell also told another officer she saw "a person" but she could not describe their race or gender. Yet, a short time later, Campbell told a different officer that "he " had walked in and punched and kicked Renaud and then walked out—specifically using male pronouns in her statement. Officers expressed skepticism about Campbell's story and concern over her apparent indifference to the crime, explaining that she would be charged if they found out she was lying, Yet, Campbell continuously denied any knowledge of the incident, insisting that an unknown person randomly came into her house and knocked out Renaud, even though she initially told the 911 operator that "there was like a dispute over a girl."

Upon regaining full consciousness at the hospital, Renaud identified Cross as his attacker to police officers. Doctors determined that Renaud had a broken jaw and a fractured sinus that required surgery. Afterwards, doctors wired his jaw shut for five weeks. Renaud's recovery was difficult – he lost twenty pounds because he could not eat solid food, he endured serious pain, he could not work, and he could barely communicate. The metal plates used to hold his jaw in place became infected, so Renaud had to undergo a second surgery to remove and replace those. The shape of Renaud's jaw has been permanently altered as a result of the incident.

Deputy Brock and other deputies were unsuccessful in their attempts to arrest Cross until about two weeks after the incident. Deputy Brock confiscated two cell phones from Cross. Law enforcement then obtained search warrants for Cross’ two cell phones and Campbell's cell phone and extracted data from all three cell phones. Detective Kelso also obtained a search warrant for records from Cross’ cell phone provider. Data from these records showed when the phone had been used and which cell phone towers it was near during use, thereby giving a rough physical location of where the caller was when the calls were placed and the text messages sent. Detective Kelso examined the content of text messages between Cross and Campbell from the days surrounding the incident and opined that they were also engaged in a sexual relationship.

On the night of the incident, the cell phone records showed that Campbell called Cross at 2:39 a.m. and the call lasted two minutes and forty seconds, and then Cross called Campbell back at 2:42 a.m. and that call lasted fifteen seconds. At 2:55 a.m. Cross texted Campbell, "Its [sic] ok carli i [sic] know im [sic] not worth it. Wish you the best." Campbell responded at 3:01 a.m., "Actually was looking forward to you fucking him up. You are a great man wish I could have seen that." Cross replied at 3:01 a.m., "Lmfao I bet," "Cop callin [sic] for sure," and "Not setting me up." At 3:03 a.m. Campbell sent Cross a text, "He was so scared," and she sent another one at 3:04 a.m., "I am like upset that he's gonna [sic] keep his teeth."

Detective Uhrig analyzed the cell phone provider records to generate a map that showed what cell phone tower Cross’ phone was operating near at the time of the incident. At 11:37 p.m., Cross’ phone was operating in a sector on the north side of Coeur d'Alene. At 2:38 a.m. and between 2:55 a.m. and 3:06 a.m. the phone was operating in a sector on the north side of Hayden, near Campbell's house.

An analysis of Campbell's cell phone also revealed she conducted several internet searches immediately following the incident, including such topics as: (1) "can cops subpoena text messages"; (2) "How Can I Protect My Cell Phone Data Records From Law Enforcement Subpoenas[ ]"; (3) "Court Rules Police Don't Need A Warrant To Get Your Cellphone Records"; (4) "can cops read text messages"; (5) "How do you read deleted text messages"; and (6) "how long does it take cops to get phone records."

The State charged Campbell with accessory to a felony under Idaho Code section 18-205(1). The superseding indictment alleged:

That the defendant, Carli Joann Campbell, on or about the 24th day of December, 2017, in Kootenai County, Idaho, having knowledge that a felony had been committed, to wit; aggravated battery and/or burglary, did willfully withhold or conceal it from a peace officer or officers, all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the People of the State of Idaho.

The case proceeded to trial and the State presented evidence and testimony consistent with the aforementioned facts. Campbell did not testify in her defense or present any evidence.

During the jury instruction conference, following the close of evidence, Campbell objected to the district's court's refusal to give her proposed jury instructions. Campbell's proposed instructions required the jury to find that the State proved Cross committed an aggravated battery or burglary beyond a reasonable doubt. Specifically, her proposed instructions read:

In order for the defendant to be guilty of Accessory to a Felony, the state must prove each of the following elements of Aggravated Battery as related to Matthew Cross :

1. On or about December 24, 2017

2. in the state of Idaho

3. Matthew Cross committed a battery upon Daniel Renaud,

4. by wearing shoes and kicking Daniel Renaud, and

5. when doing so Matthew Cross caused great bodily harm, permanent disability or permanent disfigurement and/or used a deadly weapon or instrument

If any of the above has not been proven beyond a reasonable doubt, then you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, you must find the defendant guilty.

....

In order for the defendant to be guilty of Accessory to a Felony, the state must prove each of the following

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