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SUPREME COURT OF LOUISIANA
NO. 96-K-0766 STATE OF LOUISIANA v. JONATHAN HAWKINS ON WRIT OF REVIEW TO THE COURT OF APPEAL, FOURTH CIRCUIT, STATE OF LOUISIANA

KITCHENS, Justice*
On March 2, 1989, the defendant, Jonathan Hawkins, was indicted for the first degree murder of Samuel Klingensmith while in the perpetration or attempted perpetration of an armed robbery in violation of LSA-Rev. State. 14:30(A)(1). At his arraignment on March 6, 1989, the defendant entered a plea of not guilty. On February 8, 1990, after a three day jury trial, the defendant was found guilty as charged. At the sentencing phase of the trial, the jury recommended that the defendant serve a sentence of life imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence. After waiving all legal delays, the defendant was sentenced, and after his conviction and sentence were affirmed by the Louisiana Fourth Circuit Court of Appeal affirmed (State v. Hawkins, #90-KA-1235 (La.App. 4 Cir. 9/15/95), ____ So.2d ____ .), we granted defendant's application for writs. We now affirm Hawkins' conviction and sentence.

FACTS Our review of the record indicates that the court of appeal's recitation of the facts is accurate. Thus, we adopt it for this opinion: Around 10:00 P.M. on October 13, 1986, Tulane University Professor Samuel Klingensmith was shot and killed near the corner of Freret and Adams Streets. Several residents in the area heard a gunshot and came out to investigate. Henry Hayes came out, saw the victim lying on the sidewalk, placed the victim's briefcase under his head for comfort, and was with him when he died. Hayes did not see anyone fleeing the scene. Louis Otto, who lives on Burdette Street, went outside with his son Kevin and saw an unknown black male run around the corner from Freret Street onto Burdette, run one hundred feet on Burdette then slow to a walk the remaining two-thirds of the block to Zimple Street. Otto and his son saw the black male throw something into the bushes as he approached Zimple Street and then turn onto Zimple. Otto saw the suspect unmasked but could only describe him in general terms. When the man was out of sight, Otto and his son went over to the bushes and looked on the ground for the object but found nothing in the dark. The next morning, after reading about the murder in the newspaper, Otto went around the corner to the crime scene and told the detective what he had seen the night before. Otto showed the officer the bushes where the man had thrown something. The officer found the victim's wallet inside the bushes and crime lab technician, Gregory Migaud, was summoned to collect it. New Orleans Police Officers Gary Scioneaux and Glenn Banks were the first police on the scene. When they arrived, the victim was lying on the sidewalk with a briefcase under his head. The officers secured the scene for the homicide detectives and the crime lab technicians. Homicide Detective Norman McCord arrived and took charge of the investigation. Crime Lab Technician John Treadway took photographs and collected physical evidence. McCord was able to locate only one eyewitness, Troy Jupiter. Hugh Straub and Rev. David Cameron, who, [sic] with their wives, were driving together on Hillary Street in a lake-ward direction at approximately 10:00 p.m. the night of the murder. As the two couples approached the Freret intersection, they saw a man walking from their right on Freret Street. The man had a white handkerchief draped mask-like over his nose, which he pulled down as the car entered the intersection, and kept his left hand under his shirt. After passing him, Straub observed that the man had a gun in his hand. The two couples then went directly to Straub's house and called 911 to report what they had seen. After learning of the shooting the next day, Straub and Cameron contacted the police. Detective McCord interviewed the two men and arranged a session with police artist Johnny Donnels, resulting in a composite sketch of the suspect. On October 28, 1986, Tulane University announced a $10,000 reward for information leading to conviction in the case. The same day, the police received an anonymous telephone tip naming Roy Mason as the perpetrator. Detective McCord located a mugshot of Roy Mason and included the photograph in a lineup shown to Troy Jupiter. Jupiter was not able to identify anyone in the photographic lineup as

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Judge Graydon K. Kitchens, Jr., District Court Judge, 26th Judicial District, and Judge Ian W. Claiborne, 18th Judicial District Court, participating as Associate Justices Pro Tempore, in place of Associate Justices Jack C. Watson and E. Joseph Bleich. Lemmon, J., not on panel, Rule IV, pt. 2,

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