State v. Lindsey

Ramsey County OPINION A jury found appellant Charles Lindsey guilty of first- and second-degree murder for the shooting death of Craig Clark, and guilty of attempted first- and second-degree murder for the shooting of Randy Lusby. No direct appeal was filed, but in March 2000 Lindsey filed a pro se petition for post-conviction relief, claiming: (1)Áhe was denied his right to a public trial; (2) the trial court erred when instructing the jury on eyewitness identification; (3) the trial court erred by refusing to redact an audiotaped interrogation before playing it to the jury; and (4) the trial court's restitution order should be vacated. Lindsey also raised prosecutorial misconduct, ineffective assistance of trial counsel, and police use of impermissibly suggestive identification procedures as issues. The post-conviction court denied relief without holding an evidentiary hearing. In this court, in addition to the issues raised before the post-conviction court, Lindsey argues that two of his convictions must be vacated under Minn. Stat. § 609.04, subd. 1(1) (2000). We affirm in part and remand for a determination of whether restitution to the murder victim's girlfriend was proper. On December 30, 1993, Lindsey arrived at a St. Paul bar at about 12:30 a.m. accompanied by his brother, Freeman Lindsey, Freeman's girlfriend, Renie Bernier, and her uncle, Keith Richardson. When Freeman began arguing with the bartender, the bartender threatened to call the police and ordered the group to leave. Before leaving, Freeman picked up a stool and threw it over the bar.