Gray v. State

667 A.2d 983, 107 Md. App. 311, 1995 Md. App. LEXIS 193
CourtCourt of Special Appeals of Maryland
DecidedDecember 4, 1995
DocketNo. 244
StatusPublished
Cited by6 cases

This text of 667 A.2d 983 (Gray 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
Gray v. State, 667 A.2d 983, 107 Md. App. 311, 1995 Md. App. LEXIS 193 (Md. Ct. App. 1995).

Opinion

CATHELL, Judge.

Appellant, Kevin D. Gray, was convicted by a jury in the Circuit Court for Baltimore City of involuntary manslaughter. The court committed appellant to the custody of the Commissioner of Correction for a period of ten years, with all but seven years suspended. Appellant presents two issues for our review, which we rephrase as follows:

1. Did the trial court err in admitting into evidence the redacted statement of appellant’s codefendant that implicated appellant in the crime?
2. Did the trial court abuse its discretion when it substituted an alternate juror for a designated juror during trial?

After a review of the relevant facts and law regarding the first issue, we shall reverse appellant’s conviction and remand to the trial court. We do not reach appellant’s second issue.

Six young men were involved in the beating death of Stacey Williams on November 10, 1993. Investigation of the incident prompted the authorities to arrest Anthony Bell, who gave a written statement implicating himself, appellant, and Jacquin Vanlandingham (also known as “Tank”) in Williams’s death.1 These three individuals were the only ones identified by name as having been involved in the beating.

[315]*315Appellant and Bell were scheduled to be tried jointly. Prior to trial, appellant moved to sever his case from Bell’s, or, in the alternative, to exclude Bell’s statement from their joint trial. The court denied appellant’s motion to sever and ordered that appellant’s and Tank’s names be redacted from Bell’s statement. Bell declined to testify.

At trial, Tracey Brumfield placed appellant at the scene of the crime. She testified that she saw appellant, Tank, and several others chase Williams down the street. Shay Yarberough actually witnessed the beating. He testified that he saw Tank kick and punch Williams several times and pick Williams up over his head and throw him head first onto the sidewalk three times. He also testified that he saw appellant attempt to pick Williams up over his head and drop him on the sidewalk. Detective Homer Pennington of the Baltimore City Homicide Unit testified that he was assigned to the case and, in the course of his investigation, interviewed Bell. During the interview, Bell gave a written statement implicating himself, appellant, and Tank in Williams’s beating. The State was permitted to read the statement into evidence at trial, but, as previously stated, was required to redact the names of appellant and Tank therefrom; the words “deletion” and “deleted” were inserted in place of the redacted names. A copy of the statement was also introduced into evidence and blank white spaces marked the places where the names of appellant and Tank had been redacted. We shall address the actual reading of the statement before the jury, infra.

Appellant testified in his defense. He stated that he was talking to his girlfriend on a nearby pay phone at the time of the beating. Several other witnesses were called in appellant’s defense. Renardo Bell testified that he saw Tank pick up Williams and throw him down, but he did not see appellant in the group. Lamont Matthews also testified that appellant was not in the group of people that had gathered around and beat Williams; that appellant was at a phone booth about half a block up the street. Chanel Brown, appellant’s girlfriend, stated that appellant had called her from a pay phone and that appellant had said that Tank was up the street fighting. The [316]*316jury found appellant guilty of involuntary manslaughter. He filed this timely appeal from that conviction.

Appellant seeks resolution of a question left unanswered by the United States Supreme Court in Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), and Richardson v. Marsh, 481 U.S. 200, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987): wnether the introduction of a nontestifying codefendant’s inculpatory statement, which is redacted to exclude the names of all those involved in the crime by using the words “deleted” and “deletion,” and the reading of that statement before a jury, violates a defendant’s rights under the Confrontation Clause of the Sixth Amendment, even if the jury is instructed to consider the statement only against the codefendant-confessor. We hold that, under the circumstances of this case, it does and reverse. We explain.

The Confrontation Clause of the Sixth Amendment, made applicable to the States through the Fourteenth Amendment, Pointer v. Texas, 380 U.S. 400, 403, 85 S.Ct. 1065, 1068, 13 L.Ed.2d 923 (1965), guarantees the right of an accused “to be confronted with the witnesses against him.” The right of confrontation includes the right of cross-examination. Thus, “where two defendants are tried jointly, the pretrial confession of one cannot be admitted against the other unless the confessing defendant takes the stand.” Richardson, 481 U.S. at 206, 107 S.Ct. at 1707.

In Bruton, supra, Bruton and Evans were charged with armed robbery. Both were convicted after a joint trial, at which a postal inspector, to whom Evans had confessed his involvement and Bruton’s complicity, testified thereto. The trial court duly instructed the jury to disregard the confession in determining Bruton’s guilt or innocence and to consider it as competent evidence only against Evans. The Supreme Court began its discussion by noting what had been the Court’s premise up to that point: that “it [was] ‘reasonably possible for the jury to follow' sufficiently clear instructions to disregard [a] confessor’s extrajudicial statement that his codefendant participated with him in committing the crime.” 391 [317]*317U.S. at 126, 88 S.Ct. at 1622 (quoting Delli Paoli v. United States, 352 U.S. 232, 239, 77 S.Ct. 294, 299, 1 L.Ed.2d 278 (1957)). The problem with adhering to this principle had earlier been indicated by the dissent in Delli Paoli. Justice Frankfurter spoke for the four dissenters:

[T]oo often such admonition against misuse is intrinsically ineffective in that the effect of such a nonadmissible declaration cannot be wiped from the brains of the jurors ... and fails of its purpose as a legal protection to defendants against whom such a declaration should not tell____ The Government should not have the windfall of having the jury be influenced by evidence against a defendant which, as a matter of law, they should not consider but which they cannot put out of their minds.

352 U.S. at 247-48, 77 S.Ct. at 303.

While recognizing the efficacy of joint trials, the Bruton Court also acknowledged that the potential for abrogation of a defendant’s constitutional right of confrontation was a “hazard” that could not be ignored. 391 U.S. at 137, 88 S.Ct. at 1628 (quoting Jackson v. Denno, 378 U.S. 368, 389, 84 S.Ct. 1774, 1787, 12 L.Ed.2d 908 (1964)).

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523 U.S. 185 (Supreme Court, 1998)
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Bluebook (online)
667 A.2d 983, 107 Md. App. 311, 1995 Md. App. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-state-mdctspecapp-1995.