Page:BERRY V. STATE.pdf/3

Rh Hubbard, Patton, Peek, Haltom & Roberts, by: Raymond W. Jordan; and Atchley, Russell, Waldrop & Hlavinka, by: J. Dennis Chambers and Clyde Lee, for appellant.

Steve Clark, Att'y Gen., by: Clint Miller, Asst. Att'y Gen., for appellee.

J H, J., Chief Justice. Laura Berry appeals from a conviction of capital felony murder in which she was sentenced to life imprisonment without parole. Among her points for reversal, the appellant contends that the trial court erred in admitting numerous graphic photographs of the victim taken at the scene and afterward, and entered to show the injuries inflicted by her accomplice in this crime. We agree and reverse for a new trial. The only other issue we deem necessary to address, in light of our holding, is the appellant's argument that the trial court erred in denying her motion for a change of venue because of pretrial publicity. Our jurisdiction is pursuant to Sup. Ct. R. 29(1)(b) because of the length of the sentence.

It was undisputed at trial that the death of Mrs. Nancy Sangalli, the appellant's great-aunt, was the result of a beating administered by the appellant's boyfriend Kelly Mills, with a crowbar, a cooking pot and his fists. Pursuant to an agreement with the prosecuting attorney, Mills pleaded guilty to capital murder in anticipation of a life sentence without parole in return for his testimony in the appellant's trial. Mills testified that he and the appellant planned for him to go to Mrs. Sangalli's home and, when the appellant later rang the doorbell, knock Mrs. Sangalli out with a crowbar he had hidden in his back pocket. They would then steal money, checks and an express banking card to finance their escape from the country. Mills stated that the appellant and he got the crowbar from the appellant's home.

According to Mills' account, he "chickened out" when the appellant first rang the doorbell, but later struck Mrs. Sangalli with the crowbar when she was turned away from him. Mills said that when Mrs. Sangalli attempted to escape, he pulled her to the floor and began hitting her. He was unable to relate the details of the attack, saying he blacked out, but remembered the appellant coming in as he was dragging Mrs. Sangalli away. The two then ransacked the home but found only a small amount of money and some checkbooks, which they took. They stole the victim's car and