APPEAL FROM THE DISTRICT COURT OF COMANCHE COUNTY THE
HONORABLE GERALD NEUWIRTH, DISTRICT JUDGE
L. WILLIAMS OKLAHOMA INDIGENT DEFENSE COUNSEL FOR DEFENDANT
CABELKA ASSISTANT DISTRICT ATTORNEY COUNSEL FOR THE STATE
KATRINA CONRAD-LEGLER APPELLATE DEFENSE COUNSEL COUNSEL FOR
SCOTT PRUITT OKLAHOMA ATTORNEY GENERAL JOSHUA L. LOCKETT
KEELEY L. MILLER ASSISTANT ATTORNEYS GENERAL COUNSEL FOR
Appellant David Lee Baird was tried and convicted by a jury
in the District Court of Comanche County, Case No.
CF-2013-493, for the crimes of Count 1: First Degree Murder,
in violation of 21 O.S.Supp.2012, § 701.7 (A); Count 3:
Unlawful Desecration of Dead Body, in violation of 21
O.S.2011, § 1161.1; Count 4: Forging Certificate of
Title, in violation of 47 O.S.2011, § 4-109; and Count
5: Obtaining Food Stamps by Fraud, in violation of 56
O.S.2011, § 243 (A)(6).  The jury recommended
Baird be sentenced to life imprisonment without the
possibility of parole on Count 1; seven (7) years
imprisonment and a fine of $8, 000.00 on Count 3; a fine of
$5, 000.00 on Count 4; and three (3) months in the county
jail and a fine of $500.00 on Count 5. The Honorable Gerald
Neuwirth, District Judge, sentenced Appellant in accordance
with the jury's verdicts and ordered that Counts 1 and 3
run consecutively to each other, and that Count 5 run
concurrently with Count 1. Baird now appeals. We affirm.
In the early morning hours of September 12, 2013, the body of
Claudine Marroquin was found in a shallow grave in the
backyard of the home she shared with her husband, Appellant.
The evidence showed Appellant murdered his wife approximately
two weeks earlier after an argument on August 24, 2013.
On the night of August 24, 2013, Claudine spoke with her
sister, Elizabeth Marroquin, on the telephone. Claudine was
at home. She was upset with Appellant because he wanted to
have sex and he was agitated with her. Elizabeth instructed
Claudine to ignore him and go into a different room, which
she did. Walking into the other room, Claudine discovered
Appellant had pushed a big-screen television off a dresser
and broken it. Elizabeth then heard Claudine and Appellant
begin to argue. Claudine told Appellant she should not be
with him and she should divorce him.
As the two argued, Claudine expressed to Elizabeth that
Appellant got on her nerves and she was tired of it. At some
point, the phone call disconnected. When Claudine called
Elizabeth back approximately five to ten minutes later,
Claudine told her, "Somebody is going to die tonight. We
are knife to knife. Somebody is going to die tonight. It is
either going to be me or him, but somebody is going to die
tonight." Claudine-scared, screaming and afraid for her
life-was crying as she said this. Elizabeth urged her sister
to calm down.
In addition to the multiple telephone calls between them that
night, Claudine also sent text messages to Elizabeth,
pleading with Elizabeth to come help her. While Elizabeth was
scared for Claudine, she had heard Appellant and her sister
argue like this before, and she did not expect the situation
to escalate. During their last phone conversation, Elizabeth
suggested Claudine ask Appellant if she could go to
Elizabeth's house to calm down. Elizabeth heard Claudine
ask this of Appellant, and he agreed. Claudine told Elizabeth
that she needed to grab some clothes before she left. This
was the last time Elizabeth spoke to her sister. Claudine
never made it to Elizabeth's house.
After waiting several hours for Claudine to arrive, Elizabeth
went to the Claudine's house to check on her. When she
arrived around 3 a.m., the lights were off and she saw the
big screen television lying in the middle of the yard.
Elizabeth banged on the doors and screamed, begging her
sister to open the door. Getting no response, Elizabeth
pushed the panic button on her car alarm, leaving it running
for 30 minutes at a time. Although Claudine never came to the
door, Elizabeth could hear Appellant inside, getting
irritated, cursing and grunting. Elizabeth also tried to pry
her way into the house, but the door was wired shut-something
Elizabeth had not encountered before at her sister's
house. Elizabeth eventually gave up and returned home around
8 a.m. She called the police to report her sister missing but
was advised by an officer that it was too early to file such
Approximately two weeks later, Elizabeth formally filed a
missing person's report on Claudine. Around 5:30 p.m. on
September 11, 2013, Lawton Police Officer Chester Howe went
to the victim's home in an attempt to make contact with
her. When he knocked, nobody came to the door. He
subsequently walked around to the eastside of the house,
where he encountered "a real strong smell of what  can
only [be] describe[d] as something being dead." At that
point, Howe called his supervisor, Lieutenant Charlie Martin,
and advised him of what he had seen and smelled.
Lieutenant Martin, along with Captain Troy Morris and
Detective Ken Parsons, arrived at the scene at approximately
6 p.m. The officers eventually made contact with Appellant,
who allowed them to enter the home to look for Claudine.
While walking through the house, Detective Parsons noticed
some blood on the door frame between the living room and the
kitchen. Upon seeing the blood, Detective Parsons asked
Appellant where Claudine was. Appellant said he did not know,
but thought she may have gone out of town, possibly to Costa
Rica. Detective Parsons also asked Appellant if he had been
injured, and he said no. Thereafter, Parsons asked Appellant
if they could search the house more thoroughly and obtain a
DNA sample from him. Appellant said no to both requests.
Everyone, including Appellant, exited the house at that point
and the scene was secured while a search warrant could be
obtained. Appellant went to the Ranch Motel.
Detective Parsons returned to the house with the search
warrant around 10 p.m. Inside, officers found two folding
knives, a loaded revolver and three swords. A briefcase
containing numerous electrical cords was discovered on the
top shelf of the master bedroom closet. Additionally, in a
hallway linen cabinet, officers found a set of brass knuckles
within the folds of the linens. A piece of yellow nylon rope
along with some large trash bags were found in a guest
bedroom. In the laundry room, a pair of disposable gloves was
found lying on top of the trash.
The victim was ultimately found buried in a small, shallow
grave in the backyard of the house. The grave was covered
with a blue swimming pool liner. On top of the liner were
five tires, a ladder and a blue tub. The grave was about
eleven inches deep and three-and-a-half to four feet long.
The victim's body was contained inside a plastic bag in
the grave, similar to a large trash bag found in the guest
bedroom of the house. Tool marks that appeared to be made
from a shovel were found during the excavation of the grave,
and a scrap of label found in the grave near the body matched
the partial label on a shovel found in a backyard shed. A
piece of green fabric was also found in the grave. The fabric
appeared to be from a silk flower, similar to silk flowers
found in the master bedroom closet.
Appellant was arrested at the Ranch Motel following the
discovery of the victim's body. Among the personal items
with Appellant inside the motel room was an Oklahoma Access
card with Claudine's name on it.
Dr. Marc Harrison performed the autopsy on Claudine's
body. She was contained in a black plastic bag tied with a
white electrical cord. A similar cord was found wrapped
around her ankles. Claudine's head was covered with two
plastic bags, one of which was in two pieces and covered with
a second loosely-tied bag. These plastic bags were similar to
a trash bag found in the laundry room of Appellant's
house. A can of pepper spray was found in Claudine's bra.
Her body was in a moderate to early advanced state of
decomposition, meaning her body was bloating with gases, and
her skin was stained and beginning to slough off all over her
body. Because of the skin sloughing and decomposition, Dr.
Harrison was unable to see any bruises or trauma that may
have been present on Claudine's external skin. Due to the
plastic bags around her head and the fact her body was
contained in another bag, Dr. Harrison determine the probable
cause of her death to be asphyxia due to smothering.
Between the time Elizabeth last spoke to Claudine and when
her body was discovered, Appellant got rid of Claudine's
belongings, donating several bags of women's clothing to
Goodwill and selling other items at a garage sale held by the
Jung family. Appellant told the Jung's, who were his
friends, that Claudine had gone to an island somewhere and
was not coming back. During this time, Appellant also
purchased groceries for the Jung family. The grocery receipt
showed that the groceries were bought with food stamps. He
additionally sold Claudine's 1999 Mazda pickup truck to
Tony Warren. At the time of the sale, Appellant gave Mr.
Warren the car title, which bore Claudine's purported
signature. Elizabeth testified the signature on the
certificate of title was not her sister's.
Claim of Double Jeopardy Following Mistrial.
In his first proposition of error, Appellant contends the
trial of this case was barred by double jeopardy after his
first trial ended in ...