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State v. Marlow11/21/2005
I. Factual Background
The following factual account is set forth in this Court's opinion on direct appeal:
On February 7, 2000, [the victim] arrived at his home. [The victim] exited his vehicle and headed for his back door. [The co-defendant] stepped out of the laundry room (located on the carport) and shot [the victim] two times. As the victim fell to the ground, [the co-defendant] fled on foot. The victim's wife, [the defendant], came outside and found the victim laying on the carport in a pool of blood. She ran back inside the home, called 911 and grabbed several towels. When law enforcement officers arrived at the scene they found [the defendant] sitting on the carport with the victim's head in her lap. She was rocking back and forth saying "Why--who did this?"
The victim was taken to the hospital and flown via life flight helicopter to Vanderbilt Hospital where he died from his wounds. Medical reports show that the victim was shot once in the arm with the bullet traveling through the arm and into his torso and once in the head. The ensuing investigation was conducted by the Coffee Co. Sheriff's Dept., the 14th Judicial District Attorney General's Office and the Tennessee Bureau of Investigation. Investigators received a phone call from the sister of [the co-defendant] in July 2001 reporting that he had been bragging about shooting the victim and that he and his wife, Laurie, had disposed of the weapon. Investigators brought [the co-defendant] in for questioning. [The co-defendant] admitted that he had shot the victim and stated that it was done at the request of [the defendant], the victim's wife. [The co-defendant] agreed to wear a wire and talk with [the defendant] about the murder of her husband. [The co-defendant] had taped conversations with [the defendant] on July 12th, 13th, 24th and 30th of 2001. In these conversations, [the defendant] implicated herself in arranging for the murder of her husband.
On the night of the murder, [the co-defendant] went to the home where [the defendant] gave him a Smith and Wesson .38 Special (the property of the victim) and concealed him in the laundry room. When the victim arrived home, [the co-defendant] stepped out of the laundry room and shot the victim two times. [The co-defendant] fled on foot to his home. [The co-defendant] and his wife, Lauire , would later dispose of this weapon by throwing it in a lake.
The first witnesses to testify at the sentencing hearing were Billy Cook, an investigator for the district attorney's office, and Kendall Barham, an agent with the Tennessee Bureau of Investigation. They communicated with the defendant on numerous occasions throughout the course of the twenty-month investigation into the victim's death. The defendant appeared to be cooperating and even gave the investigators the names of several potential suspects that she thought might have been involved. The co-defendant, Roger Dale Wimley, agreed to cooperate with the authorities in July of 2001. He stated that the defendant called him to the residence on February 5, 2000, gave him a gun, and told him to shoot the victim as he was walking to the door. The co-defendant showed the police the location of the weapon used in the shooting. He also agreed to wear a recording device and engage the defendant in conversation about the victim's death. Transcripts of the four recorded conversations were entered into evidence at the sentencing hearing. The transcripts of the recorded conversations revealed several incriminating statements made by the defendant. Apparently referring to the shooting of the victim, the defendant stated on July 12 that she was "not a bit sorry about that. Not when I get to sleep at night."
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