Brown v. Commonwealth

469 S.E.2d 90, 22 Va. App. 316, 1996 Va. App. LEXIS 283
Court of Appeals of Virginia·Decided April 23, 1996·No. Record No. 0926-94-2·Published·Cited by 5 cases

Opinions

BENTON, Judge.

Thomas Payne Brown, Jr.’s first trial for murder ended in a mistrial after the jury failed to reach a verdict. In his second trial, Brown was convicted of first degree murder. The Supreme Court reversed the conviction because the trial judge did not allow Brown to cross-examine the Commonwealth’s chief witness, Daniel Sydow, regarding offers of leniency made by the Commonwealth and also because the trial judge refused to allow Brown’s counsel to proffer the barred testimony. Brown v. Commonwealth, 246 Va. 460, 437 S.E.2d 563 (1993). When Brown was tried a third time, he was convicted by a jury of second degree murder. On this appeal, Brown contends that the trial judge erred in prohibiting him from introducing evidence in his defense to rebut Sydow’s testimony and erred in admitting hearsay evidence. For the reasons that follow, we reverse the conviction and remand for a new trial.

I.

The evidence proved that Wayne Peyton was found dead in a utility room at his residence between 3:30 and 4:30 p.m. on March 21, 1991. Peyton’s skull had been crushed. Inside the utility room, the police found a broken watch. In Peyton’s bedroom, the police found cocaine, scales, several thousand dollars in cash, and a small handgun. Peyton’s cellular telephone was missing.

Two months after Peyton’s death, a police officer interviewed Brown. Brown told the police that Peyton was a drug dealer who supplied him with cocaine. Brown said that in the early morning of March 21, he went to Peyton’s house, bought cocaine, and remained with Peyton twenty minutes before leaving. Brown identified the watch found in the utility room as his; he said the watch often fell off because the band was broken. He denied killing Peyton. Brown was arrested for the killing.

[320]*320II.

Brown contends that the trial judge improperly limited his efforts to elicit testimony from his witnesses rebutting testimony given by the prosecution’s chief witness, Daniel Sydow. He first challenges the trial judge’s ruling sustaining the prosecutor’s objection to the testimony of Dr. Miller Ryans.

On direct examination as a witness for the Commonwealth, Sydow testified that he and Brown were cellmates in jail after Brown was arrested for Peyton’s murder. Sydow testified that Brown told him that he had a disagreement with Peyton over a drug debt and that he killed Peyton with a cellular phone. When asked on direct examination why he chose to tell authorities of his conversations with Brown, Sydow testified that “after he told me what he was in for I pretty much stayed away from him. I’m ' not a violent—I’m not into violence at all.” In response to the prosecutor’s questioning, Sydow said that none of his thirty felony convictions were for crimes of violence.

Sydow also testified on direct examination as follows:

Q Sir, you have a disorder; is that correct?
A Yes.
Q Tell the jury what that disorder is?
A I’m. a bipolar disorder. I’m a manic depressant.
Q And if you are taking the prescribed medication you’re as normal as everyone else?
A Correct. It’s a chemical disorder. It’s not a psychological or medical disorder, it’s organic.
Q And that doesn’t inhibits your ability from remembering things and telling the truth does it?
A No.

On cross-examination, Sydow admitted reporting to prison authorities in 1991 that he was hearing voices. He said he heard voices when he stopped taking medication. When asked whether he had ever said that he has been diagnosed with an antisocial personality, Sydow responded, “I guess that’s a trait of being a manic depressive, yes.” When asked whether he [321]*321had been recently diagnosed by Dr. Ryans as having an antisocial personality, he responded, “No, I think the diagnosis was bipolar personality disorders.” In discussing his disorder, he testified that he has “never wanted to hurt anybody.” However, he admitted that on a personality test he responded “True” to the question: “Sometimes I feel like I must do something to hurt myself or someone else.” He denied saying that he heard demons urging him to harm others. Sydow admitted to having lied in the past in order “to get out of trouble.”

During the defense case, Brown’s counsel called as a witness Dr. Miller Ryans, a forensic psychiatrist employed by the Commonwealth. When the Commonwealth objected, the trial judge required Brown’s counsel to proffer Dr. Ryans’ testimony out of the presence of the jury. Brown’s counsel asserted that Dr. Ryans would contradict Sydow’s testimony that he had not been committed to the mental hospital and Sydow’s testimony concerning his mental condition. Dr. Ryans then stated that he was chief of forensic services at Central State Hospital where Sydow was admitted in 1993 complaining of hearing demons. Dr. Ryans stated that Sydow reported that the demons were telling him to harm himself and others. Dr. Ryans diagnosed Sydow’s condition as an antisocial personality disorder. He said that one of the symptoms of Sydow’s condition was a tendency to have no regard for the truth, as indicated by repeated lying. He said that Sydow exhibited that symptom when he was at the hospital.

The trial judge ruled that Dr. Ryans could only testify concerning Sydow hearing demons. In the jury’s presence, Dr. Ryans testified that Sydow was admitted to Central State Hospital and claimed that demons were telling him to harm himself and others.

III.

“Whether rooted directly in the Due Process Clause of the Fourteenth Amendment or in the Compulsory Process or Confrontation clauses of the Sixth Amendment, the Constitu[322]*322tion guarantees criminal defendants ‘a meaningful opportunity to present a complete defense.’ ” Crane v. Kentucky, 476 U.S. 683, 690, 106 S.Ct. 2142, 2146, 90 L.Ed.2d 636 (1986) (citations omitted). See also Va. Const, art. I, § 8. Applying these principles, we have held that “a defendant cannot be deprived of the opportunity to put his evidence and version of the facts before the jury so ‘as to deprive a criminal defendant of his Sixth Amendment right to confront and cross-examine his accuser and to call witnesses in his defense,’ or simply because the trial court finds the prosecutrix’s version more credible than the defendant.” League v. Commonwealth, 9 Va.App. 199, 205, 385 S.E.2d 232, 236 (1989) (citation omitted). The opportunity to present a complete defense “would be an empty one if the State were permitted to exclude competent, rehable evidence bearing on ... credibility ... when such evidence is central to the defendant’s claim of innocence.” Crane, 476 U.S. at 690, 106 S.Ct. at 2147. “Combined, the rights to compulsory process, confrontation and due process give the defendant a constitutional right to present relevant evidence.” Neeley v. Commonwealth, 17 Va.App. 349, 356, 437 S.E.2d 721, 725 (1993).

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Brown v. Commonwealth, 469 S.E.2d 90, 22 Va. App. 316, 1996 Va. App. LEXIS 283 (Va. Ct. App. 1996).

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