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STATE v. CADY5/24/1991
The opinion of the court was delivered by
John Richard (J.R.) Cady was convicted of first-degree murder. At the time of the murder Cady was a 16-year-old juvenile. The State's request that Cady be tried as an adult was granted by the district court. Cady appeals, claiming: (1) The district court erroneously allowed the State to prosecute him as an adult (K.S.A. 38-1636); (2) the district court erred by denying his request that the jury be instructed on diminished capacity; and (3) juror and prosecutorial misconduct violated his right to a fair trial.
At 12:15 p.m. on November 2, 1988, Cady gained entrance to 16-year-old Melissa Brown's house by asking Melissa's older sister to let him stay in the house so that he could talk to Melissa before he left to go to California. Melissa was Cady's former girlfriend. The older sister testified that before she left the house, Cady appeared normal to her and had assured her that nothing would happen to Melissa.
Melissa's stepfather arrived home after 4:30 p.m. Shortly thereafter, Melissa arrived and immediately went to her bedroom. The stepfather heard Melissa scream. When the stepfather entered Melissa's bedroom, he saw Cady standing with his arm around Melissa's neck and holding a knife at his side. The stepfather said Cady looked directly at him with a determined look. When the stepfather asked Cady what he was doing, Cady began stabbing Melissa in the chest with the hunting knife and said, "This is what the hell I'm here for." As the stepfather went to call the police, Cady left the house.
At about 5:00 p.m., Cady walked up to Rick Emery's house and asked if he could use the phone to call the police. Cady told Emery, in a normal voice, that he (Cady) had just stabbed and killed his girlfriend. Emery testified that while waiting for the police to arrive, Cady told the young adults at Emery's house that they should not follow in his footsteps. When Emery asked Cady if he just cut her, Cady replied, "No, I stabbed her and watched the life flow out of her." Cady stated, "I know what I did was wrong, but I had to do it, and I know that I'm probably going to the electric chair for this." Emery testified that while
Cady was using the phone he heard Cady say, "I killed her and I told you I was going to kill her, and I did it."
Detectives Roger T. LaRue and Joseph Pruett were dispatched to Emery's house. When LaRue and Pruett arrived at approximately 5:40 p.m., they observed a group of young adults in front of the house. Cady walked up to the law enforcement officers and stated, "I'm the guy you're looking for." LaRue said that Cady was cooperative when LaRue requested Cady to be quiet so he could be read his Miranda rights. Cady was arrested and taken to the police station by Pruett. A written waiver of Cady's rights was obtained at 5:52 p.m. Cady's videotaped confession lasted from 5:52 p.m. until 9:15 p.m. During the videotaped interview, Cady conversed with Pruett in a rational, responsive, and coherent manner.
After Cady's arrest, LaRue went to the scene of the crime. In Melissa's bedroom, LaRue found Cady's knife on the victim's bed, and, in her top dresser drawer, he found a leather-like sheath that appeared to fit Cady's knife.
James M. Beasley, a law enforcement officer whose son had grown up with Cady, testified that at about 5:00 p.m. on the day of the murder, Cady called him. In a normal conversational tone, Cady talked about running away to California. The conversation was interrupted when Cady suddenly hung up the phone. Beasley said that ten minutes after the first telephone conversation, he received a second phone call from Cady. During this conversation C
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