Blanks v. State

959 A.2d 1180, 406 Md. 526, 2008 Md. LEXIS 611
Court of Appeals of Maryland·Decided November 12, 2008·No. 13 September Term, 2008·Published·Cited by 7 cases

Opinions

BARBERA, J.

We decide in this case whether the trial court erred by permitting the prosecutor to cross-examine petitioner Richard Lavonte Blanks regarding the timing and content of his communications with defense counsel about his trial testimony. We agree with petitioner that the court erred by permitting the challenged cross-examination. Moreover, we reject the State’s contention that the error was harmless beyond a reasonable doubt. We therefore reverse the judgment of conviction and remand for a new trial.

[530] I.

In May 2006, petitioner was tried before a jury in the Circuit Court for Dorchester County, for the 2004 murder of 22-year-old Tyshika Askins. Petitioner knew Ms. Askins through his girlfriend, Lisa Pinder.1 The State’s theory of the case was that petitioner went to Ms. Askins’s apartment sometime during the night of June 6 or early morning hours of June 7, 2004, and killed her during a quarrel about the whereabouts of Ms. Pinder. The State offered considerable evidence in support of that theory. Petitioner, in turn, testified that he was elsewhere when Ms. Askins was killed and had nothing to do with the crime.

Teresa Warner Slacum was Ms. Askins’s neighbor. Around 1 p.m. on June 7, 2004, she saw Alonza Dennis, the father of Ms. Askins’s baby, in the hallway of the apartment building. He was “hollering, oh no, oh no.” Ms. Slacum entered Ms. Askins’s apartment and discovered the body of Ms. Askins on the bedroom floor with a pillow over her head.

The police and a forensic investigator responded to the scene. Forensic evidence disclosed that Ms. Askins died about 4:00 a.m. on June 7. The bedroom showed signs of a struggle; an orange juice container, but no drinking glass, was on the kitchen counter; and the cap of the container was on the floor. Latent fingerprints were lifted from the orange juice container.

Danielle Gaines, a longtime friend of Ms. Askins, testified that Ms. Askins was a neat person who would not be inclined to drink orange juice from the container, or let anyone else do so. Ms. Gaines also testified in the State’s rebuttal case that she knew Ms. Askins’s boyfriend, who is not petitioner. Further, she had no knowledge that Ms. Askins ever had a romantic relationship with petitioner. Ms. Gaines last saw [531] Ms. Askins at the latter’s apartment on the evening of June 6, 2004.

The medical examiner who performed the autopsy on Ms. Askins testified that she sustained injuries to her head, neck, and torso, and the cause of death was “strangulation and blunt force injuries.” There was evidence that she had fought her aggressor. There was no evidence of recent sexual relations or the consumption of drugs or alcohol.

Police focused their investigation on petitioner once they learned his fingerprints had been left on the orange juice container in Ms. Askins’s apartment, and Ms. Pinder was a friend of Ms. Askins. Petitioner agreed to go to the police station to discuss the case. There, Detective Chris Flynn read petitioner his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Petitioner agreed to be interviewed. He told the detective he believed Ms. Askins was a friend of Ms. Pinder, and he knew generally where Ms. Askins lived but had never gone to her apartment. He then made a written statement.

Following that, Detective Flynn presented petitioner with a search warrant to obtain buccal skin cell and hair samples, for DNA testing. Petitioner initially refused and demanded to speak with an attorney. Petitioner spoke with an attorney, then agreed to a buccal swab. Petitioner’s DNA matched DNA found under Ms. Askins’s fingernails and on her T-shirt.

Petitioner’s father testified as a State’s witness that petitioner came to live with him around the middle of June 2004. He explained that petitioner called him on June 7, 2004, (the day of the murder) and asked to stay with him at his home in New Jersey for awhile, because petitioner was having problems with his girlfriend. According to petitioner’s father, petitioner arrived at his home with a car full of clothing on June 14, 2004 and stayed until Labor Day. Petitioner’s father denied telling police that petitioner had said he wanted to stay until “things settled down.”

Petitioner testified in his defense. He suspected in April 2004 that Ms. Pinder was having an affair. He learned the [532] identity of her paramour from Ms. Askins, whom he met during the winter of 2003 at a party given by Ms. Pinder. Petitioner testified that he and Ms. Askins began a romantic relationship in April 2004, and they engaged in sexual intercourse at her apartment on several occasions during April and May of 2004.

Petitioner acknowledged that he was with Ms. Askins in her apartment between 9:40 and 10:00 p.m. on June 6, 2004. At that time, they engaged in oral sex but not intercourse, and he touched Ms. Askins’s neck, breasts, stomach, and back during the encounter. Afterwards, petitioner asked for a glass of juice. Ms. Askins retrieved the orange juice container from the refrigerator, and he poured himself a glass. Petitioner took the glass with him when he left the apartment because he was in a hurry to see the first game of the NBA finals. He went to a friend’s house and stayed there until 7:30 the following morning. Petitioner testified that Ms. Askins left the apartment when he did, and he saw her walk in the direction of her car.

Petitioner denied telephoning his father or driving to his father’s home in New Jersey on June 7. He testified that he went to his father’s home either on June 14 or June 20 to give Ms. Pinder “some space.” He returned home after “five months” because he missed his children and wanted to work things out with Ms. Pinder.

Petitioner acknowledged near the end of his direct examination that he did not reveal in his statement to police that he had been in Ms. Askins’s apartment on the evening of June 6. He further acknowledged that he had not told the police about having an affair with Ms. Askins. He explained that he did not want to reveal the affair because he did not want Ms. Pinder to learn about it. Defense counsel then asked: “Had you revealed the affair to anyone at this point?” Petitioner replied: “Just my father.” Petitioner concluded his direct testimony by denying that he killed Ms. Askins or had any reason to kill her.

[533] At the outset of cross-examination, the prosecutor, over objection of defense counsel, probed whether and when petitioner had discussed his testimony with defense counsel. The transcript discloses the following exchange between the two, interrupted midway through by a bench conference at which the propriety of the cross-examination was discussed:

[Prosecutor]: You and your attorney have talked about your testimony here previously, right?
[Petitioner]: Only for a brief moment.
[Prosecutor]: Only for a brief moment?
[Petitioner]: That’s correct.
[Prosecutor]: Did your attorney go over with you what you were going to testify to?
[Defense Counsel]: Objection, Your Honor.

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Blanks v. State, 959 A.2d 1180, 406 Md. 526, 2008 Md. LEXIS 611 (Md. 2008).

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