Butler v. United States

688 A.2d 381, 1996 D.C. App. LEXIS 285, 1996 WL 745001
CourtDistrict of Columbia Court of Appeals
DecidedDecember 30, 1996
Docket95-CF-492
StatusPublished
Cited by9 cases

This text of 688 A.2d 381 (Butler 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
Butler v. United States, 688 A.2d 381, 1996 D.C. App. LEXIS 285, 1996 WL 745001 (D.C. 1996).

Opinions

Opinion for the court by Associate Judge REID.

Concurring opinion by Associate Justice FERREN at 389.

Concurring opinion by Senior Judge NEWMAN at 398.

REID, Associate Judge:

Appellant Roosevelt Butler was charged with assaulting a police officer while armed, in violation of D.C.Code § 22-505(b) (1996 Repl.), and assault with a dangerous weapon, in violation of D.C.Code § 22-502 (1996 Repl.). Before trial, Butler contemplated one of two possible defenses, (a) bias, harassment and fabrication on the part of the arresting police officers; or (b) misiden-tification. Defense counsel orally sought an in limine ruling on the permissible extent [382]*382of the government’s response to its bias, harassment and fabrication defense. When the trial court preliminarily ruled, inter alia, that if the defense relied on that theory, the government could introduce evidence of the officers’ prior contacts 'with Butler, including the “reasons, times and dates” of the contacts, Butler decided to use the mis-identifieation theory. With regard to mis-identification, the trial court permitted the police officers to testify as to their prior contacts with Butler, but precluded any reference to their prior arrests of him. Butler was convicted on both charges and sentenced under the Youth Rehabilitation Act, D.C.Code § 24-803(b) (1996 Repl.).1

Butler appeals on two grounds: (1) the trial court’s ruling that his reliance on a police bias, harassment and fabrication theory would open the door to detailed impeachment testimony by the two arresting police officers regarding their prior contacts with him, constituted reversible error, because the ruling severely prejudiced his case; and (2) the trial court abused its discretion in permitting the two arresting police officers to testify at trial concerning their “official contacts” with Butler. We affirm because we conclude that (1) on the specific record before us, Butler failed to preserve the impeachment issue for appellate review, and hence, there is no record on which this court could reach a decision without conjecture; and (2) the trial court did not abuse its discretion in permitting the police officers to testify about their official contacts with Butler in response to his misidentification theory, and there was no unfair prejudice to Butler.

FACTUAL SUMMARY

On September 11, 1994, at approximately 3:53 a.m., police officer Dennis Spalding and his partner Michael Baker, both four and one-half year veterans of the Metropolitan Police Department, were on duty in a police cruiser in the 2500 block of Elvans Road, S.E. When the officers approached a four-way stop sign at Elvans and Stanton Roads, they stopped and watched as a green Ford Explorer waited at its stop sign. Officer Spalding recognized the driver of the Explorer as appellant Roosevelt Butler, “someone [whom he] knew from the area.” The officer recalled that Butler’s driving permit had been suspended.

When the Explorer made a right turn onto Elvans Road and picked up speed, Officers Spalding and Baker followed. Soon the Explorer turned into a dead end parking lot used by the residents of apartments located at 2500 Elvans Road. The officers continued to follow the Explorer, turned into the parking lot and saw a man approach the driver’s side of the Explorer. At this point, Officer Spalding illuminated the police cruiser’s emergency, rotating and take down lights. He then exited the police cruiser with Officer Baker and locked the door. As Officer Spalding walked toward the Explorer, it took off and began to make a U-tum. Officer Spalding retreated toward the police cruiser. He fumbled around trying to find the right key on the chain because he was not driving his regular cruiser. Periodically, he looked at the Explorer. When it moved towards him, Officer Spalding “walked fast or ran” to the rear of the police cruiser. The car hit the officer and “knocked [him] behind the trunk of the ... cruiser” where he “hit the ground.” He estimated that the Explorer pushed him about six or seven féet. He was not injured. As he was hit, he looked the driver “right in the face” and recognized him as Butler.

Officer Spalding returned to his cruiser with Officer Baker, and the two officers tried to pursue the Explorer. They also radioed a description of the Explorer, identified the driver as Butler, and stated that Butler was nineteen years old. Based upon his familiarity with Butler, Officer Spalding told the dispatcher the area in which Butler lived and might be found. Officer Spalding received a return report that Butler did not have a driver’s permit, and the license tags on the Explorer were not listed. The dispatcher reported that Butler lived on Ridge Crest [383]*383Court, S.E. However, the police officers first looked for Butler in the area they thought he frequented. When the officers did not see Butler, they drove to the Ridge Crest Court address. There they saw a car and recognized the driver as the person who had approached the Explorer in the Elvans Road parking lot. Squinched down in the front passenger seat of the ear was Butler. He was arrested for assaulting Officer Spalding with the Explorer. At trial, Officer Baker confirmed Officer Spalding’s account of the events.

Various defense witnesses, including Butler, testified as to Butler’s whereabouts on the night and the early morning hours in which Officer Spalding was hit with the Explorer. The mother of Butler’s infant child said he was with her in his parents’ home until he went out around 8:45 a.m. to buy some Pampers for the baby.2 One of Butler’s sisters initially stated that he did not leave the house while she was there on the night of September 11, 1994. On cross-examination, however, she acknowledged that Butler left the house and admitted uncertainty as to whether it was around 2:30 a.m. or some other time. She insisted that only approximately two minutes elapsed between the time Butler left the house with his cousin and the arrival of the police.

Butler’s cousin testified that Butler called him to request a ride to the store to purchase milk and Pampers for the baby. Prior to picking Butler up, the cousin said he went to a party in the 2500 block of Elvans Road. There he saw a green truck get close to a police officer. The police officer pushed off from the truck but did not fall to the ground. The cousin stated that the driver of the green truck was not Butler. In his own testimony, Butler denied being in the Explorer that hit Officer Spalding.

Pretrial Discussion of the Bias, Harassment and Fabrication Issue

Dining a pretrial conference on January 25,1995, and continuing to January 26, counsel for the government raised an issue Regarding what he anticipated as the defense theory, and the probable government response to that theory. In essence, he expected a harassment and fabrication defense, and indicated that the government would respond .by denying the allegations and by presenting evidence of police contact with Butler.

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Butler v. United States
688 A.2d 381 (District of Columbia Court of Appeals, 1996)

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Bluebook (online)
688 A.2d 381, 1996 D.C. App. LEXIS 285, 1996 WL 745001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-united-states-dc-1996.