STATE OF SOUTH DAKOTA v. SAMUEL WAYNE BOSTON 2003 SD 71
Annotate this CaseSTATE OF SOUTH DAKOTA,
Plaintiff and Appellee,
v.
SAMUEL WAYNE BOSTON,
Defendant and Appellant.
[2003 SD 71]
South Dakota Supreme Court
Appeal from the Circuit Court of
The Seventh Judicial Circuit
Custer County, South Dakota
Hon. Janine M. Kern, Judge
LAWRENCE E. LONG
Attorney General
GARY CAMPBELL
Assistant Attorney General
Pierre, South Dakota
Attorneys for plaintiff and appellee.
MATTHEW T. STEPHENS
Rapid City, South Dakota
and
LYNN A. MORAN
Custer, South Dakota
Attorneys for defendant and appellant.
Considered on Briefs April 28, 2003
Opinion Filed 6/11/2003
#22439
SABERS, Justice
[¶1.] Samuel Wayne Boston was convicted of second-degree felony murder on May 5, 2002. The trial court sentenced Boston to life in prison without parole for the murder of Richard Gitter. Boston appeals his conviction raising five issues. We affirm.
FACTS[¶2.] On March 17, 2001, Boston placed a 911 call requesting assistance because Gitter was unresponsive. When emergency personnel arrived at Boston’s apartment, they found 45-year-old Gitter lying on his side in Boston’s bathtub. Gitter was completely unclothed and not breathing. His clothing had been folded and placed on the edge of Boston’s bed. Boston told officers that Gitter had arrived at the apartment earlier in the afternoon very inebriated and had passed out on Boston’s couch. Boston told police that he disrobed Gitter and placed him in the tub. According to Boston, Gitter was unconscious but alive when Boston put him in the tub, but he later stopped breathing. Medical personnel determined that Gitter was dead. Gitter had a fresh laceration over his right eye and injuries similar to rug burns on both knees. Boston’s explanation of how Gitter received the injuries changed with nearly every telling. The investigating officer felt that the circumstances of death were highly suspicious and designated the area a crime scene.
[¶3.] A subsequent search revealed blood-stained clothing belonging to both the victim and the Defendant, blood stains in various places throughout the apartment and blood stains on the inside and outside of the underwear worn by Defendant. The police found a rug and other laundry that Boston had washed that day prior to their arrival. Police also found a camera with film. The film contained several pictures of the unclothed victim lying in the bathtub. In some of the pictures, Defendant’s shoes are visible because he is standing on the edge of the tub and shooting downward. In one of the pictures, Defendant’s unclothed stomach is visible. All of the pictures focus on the victim’s backside, with one focusing only on his buttocks. In a laundry room located outside of Boston’s apartment, police found pornographic material focusing on female buttocks which Boston had torn, removed from his apartment and placed in a garbage can prior to the arrival of the police. Police also found a videotape entitled “Butt Man.”
[¶4.] The State’s pathologist determined that the cause of death was manual strangulation and Boston was charged. At trial, Boston was convicted of second-degree felony murder, specifically, murder while engaged in or attempting sexual contact with a person incapable of consenting as defined in SDCL 22-22-7.2 in violation of SDCL 22-16-9. He appeals raising five issues:
1. Whether the trial court erred when it denied Defendant’s motions for judgment of acquittal.
He claims the trial court abused its discretion when it:
2. allowed evidence regarding Defendant’s sexual orientation;
3. denied Defendant’s motion for a new trial based on alleged failure to disclose exculpatory evidence;
4. denied admission of Defendant’s psychological and psychiatric history; and
5. denied Defendant’s motion for a new trial based on prosecutorial misconduct and compromise verdict.
We affirm the trial court on all issues.
[1] . At one time, Boston was an Army paratrooper.
[2] . Ligature is defined as, “a cord wire, or bandage used for tying or binding.” American Heritage College Dictionary, 784 (3ed 1997). Ligature strangulation is thus strangulation through use of a cord or rope or similar device as opposed to manual strangulation which occurs when one strangles another with their hands.
[3] . Defendant argues on appeal that he has obsessive compulsive disorder. This argument was never made before the trial court and is thus waived. Andrews, 2001 SD 31, ¶19, 623 NW2d at 83.
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