Bedney v. United States

684 A.2d 759, 1996 D.C. App. LEXIS 222, 1996 WL 609146
CourtDistrict of Columbia Court of Appeals
DecidedOctober 24, 1996
Docket93-CF-832
StatusPublished
Cited by25 cases

This text of 684 A.2d 759 (Bedney v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bedney v. United States, 684 A.2d 759, 1996 D.C. App. LEXIS 222, 1996 WL 609146 (D.C. 1996).

Opinions

TERRY, Associate Judge.

Appellant was convicted of distributing Dilaudid, a controlled substance, in violation of D.C.Code § 33-541(a)(l) (1993). On appeal she contends that the trial court erred in (1) refusing to admit into evidence the prior recorded testimony of her co-defendant, who had previously pleaded guilty; (2) refusing to admit this same testimony under the hearsay exception for declarations against penal interest; (3) denying two defense requests for a continuance in order to locate the absent co-defendant; (4) permitting the government to impeach appellant with her post-arrest silence; and (5) allowing a police officer called as a lay witness to testify as an expert witness. Additionally, appellant argues (6) that the evidence was insufficient to support her conviction. We affirm.

I

Appellant was an aider and abettor in the distribution of Dilaudid. The principal was her co-defendant, Reginald Morris, who pleaded guilty a few months after the indictment was filed. When entering that plea, Mr. Morris repeatedly stated that on the date of his arrest he had been selling drugs alone, and that he had never met or worked with appellant. About five months after Morris’ plea, appellant went to trial alone before a jury.

The government’s evidence established that on the evening of March 19, 1992, Metropolitan Police Officer Lauren Callen was working undercover in the 1400 block of Eleventh Street, N.W. While walking along Eleventh Street, Officer Callen encountered Reginald Morris and said that she wanted to purchase a Dilaudid pill. Morris told her to “come on,” and the two of them started walking together down the street. Morris then directed Officer Callen to wait near a white van. While she stood next to the van, Morris walked a short distance to the basement doorway of a nearby house. Returning after a few moments, he sold Officer Callen one Dilaudid pill, for which she paid him $40 in currency whose serial numbers had been pre-recorded. Callen then walked down Eleventh Street, and Morris returned to the basement door of the house where he had gone before. The address of this house was later determined to be 1412 Eleventh Street, N.W.

At this point Sergeant Gerald Neill, another member of the undercover team, started to walk behind Mr. Morris and followed him to the basement doorway. Neill watched as Morris went up to the door, bent down, and stuffed money through a hole where the doorknob would ordinarily have been. Looking past Morris through the hole, Sergeant Neill saw a person wearing casual clothes consisting of “a black top and a white bottom.” That person “sort of move[d] down, and then [Neill] saw a hand come up to take the money” that Morris had pushed through the hole. Almost immediately, Morris straightened up and, seeing Sergeant Neill directly behind him, yelled “Police.” In response, Neill ran past Morris, through the doorway,1 and into the basement of the house. There in a “vestibule area” he found appellant, dressed in casual clothes with a [762]*762black top and white slacks.2 Another officer, at Neill’s direction, arrested appellant and recovered the pre-recorded money, which was lying on the floor. Appellant had an additional $190 in her pockets. No one else was in the vestibule except for police officers.

Detective Charles Culver was called as an expert witness on the subject of drug trafficking. He testified generally about the use of “runners” and “holders” in a drug transaction. When the prosecutor asked him a series of questions about “a runner and someone inside a house,” the thrust of his testimony was that the person in the house was the holder, that the person on the street was the runner, that the two of them were working together, and that the house was “a stash location” where drugs and money were kept.

Appellant was the only defense witness. She testified that she was in no way involved in the drug transaction between Morris and the undercover officer. She said that on the evening of March 19, 1992, she was in the basement apartment at 1412 Eleventh Street, N.W., caring for the elderly resident of that apartment, Velma Langford. While she was there, appellant heard a knock on the front door, but she could not answer the knock immediately because she was in the bathroom. Approximately five minutes later, as she approached the door from the living room, she saw Sergeant Neill and Reginald Morris come through the doorway.3 Shortly thereafter, appellant was arrested and taken to the police station, and $190 was seized from her person.

In rebuttal, the government presented the testimony of Rhonda Brown, the manager of the James Apartments at 1425 N Street, N.W. Ms. Brown testified that a lease for an apartment in that building — a different building, about four blocks from the one where appellant was arrested — was signed by Velma Langford on February 3,1992.

II

Appellant’s main contention is that the trial court abused its discretion in refusing to admit into evidence the prior recorded testimony of Reginald Morris, given during the course of his guilty plea. She argues that this testimony was admissible under the pri- or recorded testimony exception to the hearsay rule, and that the trial court’s ruling violated her Sixth Amendment right to present evidence in her defense. We hold that the exclusion of this testimony was proper because the government did not have an adequate opportunity to cross-examine Morris during the prior proceeding in which his testimony was recorded.

A. Factual background

When Morris pleaded guilty to the charge of drug distribution, the court placed him under oath, questioned him about the facts of the case, and sought to determine whether he qualified for the so-called “addict exception” to the mandatory minimum sentence.4 After the court had completed its questioning, the prosecutor (the same one who later tried appellant’s case) asked Morris several follow-up questions about his eligibility for the addict exception.

Morris testified that on March 19,1992, he was selling drugs alone, that the basement stairwell where he had been hiding his stash of narcotics was not being guarded by anyone, and that he did not know appellant was on the other side of the basement door when he pushed the money through the doorknob hole. He explained that after he had sold the Dilaudid to Officer Callen, he “had a feeling” that she was a police officer, and then he saw a police car “speeding up the street.” When that happened, he knew the police were coming to get him, so he stuffed the money through the hole in the door that [763]*763he had noticed earlier. “I didn’t want the money on me, and I figured that they wouldn’t be able to confiscate the money through the hole.”

Focusing on a later statement by Morris that he had worked with others in the past when selling drugs, the prosecutor asked who those others “typically” were. Morris’ counsel objected, stating that the question was “going into other crimes” about which Morris “would have a Fifth Amendment right not to incriminate himself_” Agreeing, the court instructed the prosecutor to limit his questions about Morris’ drug distribution activities to March 19, 1992. Then, after the prosecutor asked a few more questions about the events of that date, the court found that Morris was an addict and set a date for sentencing.

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Cite This Page — Counsel Stack

Bluebook (online)
684 A.2d 759, 1996 D.C. App. LEXIS 222, 1996 WL 609146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bedney-v-united-states-dc-1996.