1. Accomplices and Accessories-_accessory after the fact--motion to dismiss--
sufficiency of evidence
The trial court did not err by denying defendant's motion to dismiss the charge of
accessory after the fact to voluntary manslaughter, because the State proved the three elements
that: (1) the principal committed the manslaughter; (2) defendant gave personal assistance to the
principal to aid in his escaping detection, arrest, or punishment; and (3) defendant knew that the
principal committed the felony.
2. Evidence--impeachment--reversed conviction
The trial court did err in an accessory after the fact to voluntary manslaughter case by
excluding evidence of the principal husband's significantly higher sentence after his jury trial in
comparison to the sentence later imposed pursuant to a plea agreement even though defendant
contends it prevented her from impeaching the principal's testimony, because: (1) the effect of a
reversal is to overturn a conviction, and N.C.G.S. § 8C-1, Rule 609 does not envision the usage
of convictions that either have not come to fruition or have become nullities; and (2) although
defendant attempted to raise a constitutional claim in her brief, she failed to include it in her
assignments of error.
3. Evidence_-testimony--privileged matter--attorney-client relationship
The trial court did err in an accessory after the fact to voluntary manslaughter case by
allowing the State to question her regarding alleged privileged matter between defendant and an
attorney, because: (1) defendant's answers indicate that there was no attorney-client relationship
between defendant and her husband's attorney; and (2) defendant did not reveal the content of
any communication between herself and her husband's attorney, as defendant did not recall
speaking to the attorney, and if she did, could not remember what she said.
4. Criminal Law--prosecutor's argument--personal beliefs
The trial court did err in an accessory after the fact to voluntary manslaughter case by
allowing the State to reference during closing arguments the impact of the evidence on the
decision of the principal's attorney to pursue a plea for his client, because: (1) the State simply
raised the reasonable question inferred from the evidence adduced at trial; and (2) this question
was not an injection of personal beliefs and matters outside the record.
Attorney General Roy Cooper, by Special Deputy Attorney
General E. Burke Haywood, for the State.
William D. Auman for defendant-appellant.
BRYANT, Judge.
Teresa Watson Jordan (defendant) appeals a judgment dated 29
August 2002 entered consistent with a jury verdict finding her
guilty of being an accessory after the fact to voluntary
manslaughter.
On 16 August 1999, defendant was indicted for being an
accessory after the fact to the murder on 14 January 1999 of
Christopher Pendley by Kenneth Ray Jordan (Jordan), defendant's
husband. At trial, the evidence revealed that Jordan had been
previously tried and found guilty by a jury of voluntary
manslaughter for having shot and killed Pendley while Pendley was
a guest in his home. The Court of Appeals reversed Jordan's
conviction and granted him a new trial. See State v. Jordan, 149
N.C. App. 838, 562 S.E.2d 465 (2002). Jordan subsequently pled
guilty to voluntary manslaughter. When defense counsel attempted
to question Jordan regarding the sentence he had received based on
the jury trial, the trial court sustained the State's objection to
this line of questioning. Jordan testified that according to the
plea agreement he had entered, he received the minimum sentence for
which he was eligible. In addition, Jordan had agreed to make a
statement to Detective Mark Shook. Jordan further testified that
he and defendant had been separated since his incarceration on 16
May 2000.
Jordan explained that on the evening of 13 January 1999, he,
defendant, Pendley, and Monique Harmon, another guest, were in the
home he shared with defendant where they consumed alcohol,marijuana, and Xanax. Jordan shot Pendley after seeing Pendley and
defendant together in the living room. Jordan accused Pendley of
being with [his] wife, and an altercation started that ended with
a fatal gunshot wound to Pendley's neck. After the shooting,
defendant suggested to Jordan and Harmon we could make it look
like a rape. Jordan testified that he never saw Pendley rape
defendant and that he did not shoot Pendley because Pendley was
trying to rape his wife. Harmon also testified that Pendley's body
was fully clothed when she saw his body lying on the floor after
the shooting.
Richie Greene, defendant's friend, testified that, in the
early morning hours of 14 January 1999, defendant and Jordan came
to his residence and woke him up. Defendant told Greene that
Jordan had shot someone and asked Greene what she should do. When
asked by the State if defendant ever told Greene why Jordan had
shot someone, Greene stated she said she was being raped. Greene
did not observe any injuries on defendant or tears in her clothing.
The only thing Greene noted were defendant's eyes, which were
swollen from crying. Sherry Rominger, Greene's girlfriend, was
also present during this visit and testified defendant had stated
that Jordan shot a guy who was trying to rape her.
According to Laraye Rudisill, a certified sexual assault nurse
examiner at the Emergency Department of the Watauga County Medical
Center, defendant arrived at the hospital on 14 January 1999
teary-eyed and told her she had been sexually assaulted by Pendley,
her husband's friend, until Jordan had found them and kicked
[Pendley] off. Rudisill prepared an evidence kit that includeddefendant's shirt, which defendant claimed Pendley had ripped off
during the assault. As part of her physical examination of
defendant, Rudisill noted bruises on defendant's left cheek,
shoulder, and arm, a red mark on defendant's right chest, and a
small fracture to her nose.
Detective Shook with the Watauga County Sheriff's Office
interviewed defendant at the hospital. Initially, defendant
notified Detective Shook that Scott Casey, an attorney who
represented Jordan, told her not to talk to him. After some
initial hesitation, defendant then told the detective that Pendley
had forced her to the living room floor and pulled off all her
clothes after Jordan had left to buy some beer. Pendley had pulled
off his jeans and started trying to penetrate her with his hands
and penis. Defendant was not sure whether he actually penetrated
her. When Jordan came home, he fought with Pendley for a few
minutes and then went down the hall to get his gun. The gun went
off as Pendley grabbed its barrel. Thereafter, defendant and
Jordan left the house.
Lisa Ann Watkins, a housekeeper at an inn defendant checked
into after the shooting, testified that she found several shirt
buttons on the floor of the room defendant had occupied. Watkins
later handed the buttons over to the police when they came to look
at the room. Jonathan Dilday, special agent with the North
Carolina State Bureau of Investigation, compared the collected
buttons, which appear[ed] to have been torn off, and the thread
remaining on them to the buttons on the shirt the police had
received from defendant and concluded that the buttons could haveoriginated from the . . . shirt because he could see no
difference in the material.
Defendant testified in her defense, stating that Pendley had
started taking a sexual interest in her and she had been wrestling
with him on the living room floor until Jordan found them. Pendley
then put on his shorts and started walking down the hall with
Jordan as the two men argued. Defendant ran outside and suddenly
heard a gunshot.
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