May 3, 2016
From Richland County Alison Renee Lee, Circuit Court Judge
Michael J. Anzelmo and Matthew A. Abee, both of Nelson
Mullins Riley & Scarborough, LLP, of Columbia; and Chief
Appellate Defender Robert Michael Dudek, of Columbia, for
Attorney General Alan McCrory Wilson, Chief Deputy Attorney
General John W. McIntosh, Senior Assistant Deputy Attorney
General Donald J. Zelenka, Assistant Attorney General J.
Anthony Mabry, and Solicitor Daniel Edward Johnson, all of
Columbia, for Respondent.
William Porch appeals his conviction for murder, arguing the
trial court erred in failing to void the State's arrest
warrant pursuant to Franks v.
Delaware. Porch also argues the trial court erred by
limiting Porch's testimony in violation of the
Confrontation Clause. We affirm.
early morning hours of May 13, 2006, Justin Mallory (Mallory)
found his wife, Nikea Mallory (Victim), dead in the
family's apartment in Richland County. Victim suffered
blunt force trauma to the head, a bruise on her neck, a stab
wound on the right side of her neck, and a stab wound on her
right eyebrow. The stab wound to Victim's neck was the
fatal injury. Hours after discovering Victim's body,
Mallory was charged with Victim's murder.
the murder investigation, Mallory told officers they should
talk to Joshua Porch, who lived near Mallory. Investigator
Randy Strange interviewed Porch and his wife. Porch told
Investigator Strange he was not in the Victim's apartment
the night of the murder.
interviewed Porch again on June 27, 2007, after they
discovered unidentified male DNA at the crime scene. Porch
agreed to provide officers with a DNA sample and told them
that he was in the Victim's apartment the day before the
murder. Porch stated he cut himself while he was peeling or
cutting an apple for his child and he attempted to clean up
the blood with paper towels in the kitchen. Porch then signed
a written statement of his version of events. In that
statement, Porch also indicated he told this version of
events to the investigators that interviewed him after the
the second interview, Major James Smith contacted
Investigator Strange to confirm Porch's story.
Investigator Strange told Major Smith he could not recall
Porch telling him he cut himself in the Victim's
apartment the day before the murder. Major Smith returned to
Porch's home that same day and asked Porch about his
story. Porch told Major Smith he could not recall whether he
told Investigator Strange about the cut. Porch stated he was
scared to tell the police about the cut because he did not
want to be considered a suspect.
2, 2007, Captain James White and Major Smith interviewed
Porch again. Porch told the officers he was present at
Victim's apartment during the early morning hours of May
13, 2006. Porch stated he and Victim were drinking together
that night and started kissing and fondling one another.
According to Porch, Mallory arrived at the apartment and
became angry. Mallory and Victim started arguing in front of
Porch but later went to the kitchen to continue arguing.
Porch stated he saw Victim push Mallory and Mallory
"swung at her" with an unidentified item in his
hand. Porch told the officers he stepped in between Mallory
and the Victim to stop them from fighting and Mallory cut
him. Porch then went to the kitchen to wrap his hand with
paper towels and clean up the blood. According to Porch,
Victim was "slouched" on the couch when he left,
but he did not think she was badly injured. Porch explained
he made inconsistent statements to police because he
"was afraid [he] would be charged as an accomplice, or
accused of actually doing it. [He] was also afraid [his] wife
would find out about [him] and [Victim] getting involved that
morning." During the interview, Captain White noticed
Porch was left handed.
was tried twice for Victim's murder. Porch testified
consistent with his July 2, 2007 statement in each of those
proceedings. The first trial ended in a hung jury. Mallory
then elected to proceed to a bench trial and was acquitted.
Following his acquittal, Mallory contacted the Richland
County Sheriff's Department (RCSD) and requested they
reopen the investigation into his wife's murder. Deputy
Chief David Wilson was assigned to investigate the case.
Chief Wilson reviewed the investigation file and noticed
several inconsistencies. Chief Wilson was bothered by
Porch's shifting statements to police. Chief Wilson noted
the stab wounds were to the Victim's right side, which
led him to suspect the assailant was left-handed. Chief
Wilson learned Porch was left-handed. Finally, Chief Wilson
reviewed DNA evidence from the crime scene, which revealed
further inconsistencies relating to Porch's version of
events. Specifically, investigators found Porch's blood
not only in the kitchen, but also on Victim's shirt.
Wilson interviewed several other witnesses and secured a
warrant for Porch's arrest. Officers learned Porch had
moved from South Carolina back to his home town in
California. On July 8, 2009, RCSD officers arrested Porch in
a store in California and transported him to the Long Beach
Police Department for questioning. Investigators Shawn
McDaniel and Brian Godfrey notified Porch of his Miranda
rights around 1:00 a.m. on July 9, 2009. That morning, Porch
admitted he stabbed Victim but claimed it was an accident.
McDaniel and Godfrey reviewed the case file to determine if
the evidence supported Porch's accident claim. The
investigators then interviewed Porch again on July 10, 2009.
At that time, Porch told the investigators he initiated
intimate contact with Victim and she attacked him with the
knife. Porch told officers he hit ...