Deblasi v. State

481 A.2d 804, 60 Md. App. 154, 1984 Md. App. LEXIS 414
CourtCourt of Special Appeals of Maryland
DecidedOctober 4, 1984
DocketNo. 1502
StatusPublished
Cited by1 cases

This text of 481 A.2d 804 (Deblasi v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deblasi v. State, 481 A.2d 804, 60 Md. App. 154, 1984 Md. App. LEXIS 414 (Md. Ct. App. 1984).

Opinion

BELL, Judge.

Appellant, Patricia Lea DeBlasi, was convicted by a jury in the Circuit Court for Harford County of arson, setting fire while perpetrating a crime, and malicious destruction of property. On appeal from these convictions, DeBlasi raises numerous issues; however, since we reverse on the basis of only two of them we need not and will not address the other issues. The two issues we will address are (1) did the court err in excluding evidence which would tend to show bias on the part of the prosecuting witness; and (2) did the court err in excluding evidence that appellant’s husband committed the crimes.

Before we address the merits, we will briefly describe the pertinent facts.

[156]*156On November 29, 1981, DeBlasi went to the residence of her ex-husband, Ralph DeBlasi, to pick up her child support check and their child’s Christmas presents. According to DeBlasi, when she arrived at the house, her ex-husband refused to accommodate her because he was in the process of leaving. Nevertheless, after he departed, DeBlasi entered the dwelling by kicking in the basement window. While she was in the house, DeBlasi recovered her child’s gifts, which had been purchased by her and Mr. DeBlasi, and then proceeded to fix herself a cup of coffee. DeBlasi testified that while she prepared her coffee a towel caught fire. She threw the towel into the sink, and believing it was extinguished, exited the house.

The Fire Investigator, Robert Thomas, informed the jury that three separate fires occurred in the home, all of which, he believed, were incendiary in origin. A book of matches, with a spent match tucked behind the unspent ones was produced and identified by Thomas as the pack he suspected was used to start the fire.

The day after the fire, DeBlasi met her husband for lunch. Unbeknownst to her, undercover police officers accompanied Mr. DeBlasi and overheard their entire conversation. During lunch, Mrs. DeBlasi admitted to her husband that she had broken into the home, had taken the toys they purchased for their daughter, and while preparing her coffee caused a towel to become ignited on the stove. She claimed she had extinguished the fire before she left and denied destroying property elsewhere in the house. As DeBlasi left the restaurant, the police approached her, searched her car with her consent, discovered the toys, and then arrested her.

After deliberations, the jury returned a verdict of guilty of arson, setting a fire while perpetrating a crime and malicious destruction.

We address the two issues together because they both deal with whether the court should have excluded certain proffered evidence pertaining to appellant’s defense and to [157]*157Mr. DeBlasi’s alleged bias, “spite, hate, revenge and malice” toward Mrs. DeBlasi.

Appellant had cross-examined Mr. DeBlasi concerning his past behavior in an effort to prove his bias against her and that he could have started the fire. Appellant asked Mr. DeBlasi if he had ever thrown lighted matches down on the carpet and if he had ever threatened to burn the house down. He was questioned on whether he had kicked the partition in the foyer his wife built, whether he struck a match to the wood, and whether during that incident he had made the comment, “burn, baby, burn”. Appellant further examined Mr. DeBlasi as to whether he had ever snubbed cigarettes out on the walls or furniture, whether he ever threatened the children, and whether he threatened to get back at appellant for embarrassing him at work. Mr. DeBlasi replied negatively to all of these questions.

Appellant then proffered testimony to the court, out of the presence of the jury, which allegedly would have impeached Mr. DeBlasi and contradicted the answers he gave on cross-examination. Mrs. DeBlasi adduced that her witnesses would testify that Ralph DeBlasi made several attempts to set the carpet and curtains on fire; that he regularly threw lighted matches into the carpet; that he put lighted cigarettes out on the walls and the television; and a few months before the incident in question he had knocked over a wooden foyer entrance that appellant was constructing and tried to start the rubble on fire in the house stating to the family “burn, baby, burn”.

In response to a question pertaining to Mr. DeBlasi’s mode of lighting matches, appellant proffered

Normally when Ralph lights a cigarette, like in the car, in the house, at the dinner table, he lights the match, lights a cigarette, blows it out, puts it in behind the match cover, and he might build up several matches in the match cover in the meantime.

When Mrs. DeBlasi looked at State’s Exhibit # 5, a book of matches with one spent match, she responded that the [158]*158matchbook depicted the manner in which her ex-husband would place his spent matches.

Further there was proffered testimony that Mr. DeBlasi had threatened to burn the house down and had threatened appellant that someday he would set her up to prove she was unfit to have custody of their daughter. Appellant’s counsel also tried to introduce Mr. DeBlasi’s constant failure to pay child support.

After hearing the proffered testimony, the court admitted the evidence concerning Mr. DeBlasi’s desire to get custody of the daughter, but excluded the evidence relating to support checks. The court rejected all evidence concerning Mr. DeBlasi’s past destructiveness and violence on the ground that it was collateral. In summary, the court stated

So I think it’s highly prejudicial to let anything more in because it’s irrelevant.
The inference is that if he played with fire before, he’d do it again, and that simply is not permissible, I believe, in a Court case in these sort of circumstances.
And there’s also evidence he did it to annoy Mrs. DeBlasi. Again, it’s irrelevant and a little farfetched he’s going to burn his own house down sooner or later.
So just as we can’t let in evidence to show that the victim is a good guy, so we can’t let in evidence to show that the victim was a bad guy, that he’s destructive, violent, late with child support payments, because they’re irrelevant in this kind of a case and the Jury might get sidetracked on the victim’s alleged inequities.
So I’m going not to let it in.

Furthermore, the court permitted Mr. DeBlasi to testify that he had no insurance and allowed the jury to hear testimony from the Fire Marshall and from the State Police that the modus operandi of the crime was the pack of “odd” matches; yet he excluded any explanation and testimony from the defense which would link the matches to the prosecution’s witness, Mr. DeBlasi.

[159]*159Appellant now contends that the court erred in excluding evidence that the husband could have committed the crime; and, that the court erred in excluding evidence that Mr. DeBlasi was biased. She argues that the exclusion of this testimony amounted to a denial of due process under the standard set forth in Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973) and Foster v. State, 297 Md. 191, 464 A.2d 986 (1983), cert. denied, — U.S.-, 104 S.Ct. 985, 79 L.Ed.2d 221 (1984).

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Bluebook (online)
481 A.2d 804, 60 Md. App. 154, 1984 Md. App. LEXIS 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deblasi-v-state-mdctspecapp-1984.