State v. Bingham

719 P.2d 109 (1986)

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Nature of the Case

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Facts

Bingham (D) was charged with aggravated first-degree murder in the strangulation death of Leslie Cook, a retarded adult woman. There was no evidence that the parties knew each other than on the day of the crime. The evidence showed that D got off the bus with Leslie, visited a grocery store and two residences and that Leslie was found three days later in a field where the two were last seen. The cause of death was asphyxiation through manual strangulation for approximately 3-5 minutes. Leslie’ upper lip was bruised from the killer holding his hand to her mouth. Tears were found in Leslie's vaginal wall and anal ring along with the presence of semen. There were also bite marks pre and post-mortem on Leslie’s breasts, and one of the bite marks matched D’s teeth. Premeditation was defined as the deliberate formation of and reflection upon the intent to take a human life. The State argued that D wanted to have sex with Leslie and had to kill her in order to do so. The State also relied upon the fact that the death took 3-5 minutes to accomplish and that showed premeditation and deliberation required for a conviction of aggravated first-degree murder. D argued that time alone was not proof of premeditation and that other evidence of premeditation must be shown. D was convicted of aggravated first-degree murder. D was sentenced to life in prison.