Hawthorne v. United States

504 A.2d 580
CourtDistrict of Columbia Court of Appeals
DecidedFebruary 10, 1986
Docket83-1269, 84-292
StatusPublished
Cited by50 cases

This text of 504 A.2d 580 (Hawthorne 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
Hawthorne v. United States, 504 A.2d 580 (D.C. 1986).

Opinions

FERREN, Associate Judge:

A jury convicted appellants Hawthorne and Myrick of first-degree felony murder while armed, D.C.Code §§ 22-2401, -3202 (1981), and armed robbery, id. §§ 22-2901, -3202. Hawthorne contends on appeal that the trial court abused its discretion in denying his motion for severance and erred in failing to ensure proper redaction of his co-defendant’s admissions, in refusing to permit defense counsel to revive a witness’ memory, and in finding Hawthorne’s confession voluntary. Appellant Myrick contends that he was denied his right to a fair trial by the government’s knowing use of false testimony by two key witnesses, and that the court abused its discretion in denying his motion for a new trial based on newly discovered evidence of perjury at trial. Because we conclude that any error was harmless under the circumstances and that there was no abuse of discretion, we affirm all convictions.

I.

This case relates to the mid-day execution-style killing of a drug dealer on November 5, 1981. The evidence at trial tended to show that five persons were together in an alley at the time of the killing: appellants Hawthorne and Myrick, Melvin Thomas,1 Leroy Farley,2 and William Michael Reed, the murder victim. There was conflicting evidence as to how, and in what order, these persons entered and (except for Reed) left the alley, and as to who was armed.

Before trial, appellant Hawthorne filed a motion to suppress an oral statement to the police. On the day of Hawthorne’s arrest, the police had read him his rights, and he had indicated he understood them and was willing to answer questions. The next day, Officer Douglas Norris questioned Hawthorne. Norris showed him form PD 47, asked Hawthorne if he understood his rights, told Hawthorne he did not have to make a statement, and added that anything he said could be used against him. Hawthorne replied that he did not want to talk to an attorney and wanted to make a statement. He declined, however, to reduce it to writing.

The court denied Hawthorne’s motion to suppress, concluding that he had “knowingly and intelligently waived [his] rights and voluntarily made the statement that is the subject of this litigation.” That statement, as memorialized in a police report, was introduced into evidence. In this statement, Hawthorne admitted that he, along with Myrick, Farley, and Thomas, had planned to rob Reed, and that his role during the actual robbery had been to bring Reed into the alley, holding a gun on him.

At trial, Catherine Pounds, a drug user acquainted with most of the principals in the case, provided the basis for the government’s “economic” theory of the killing: appellants had murdered Reed, a competing drug dealer, because he was underselling them. Pounds testified that, in the fall of 1981, “Heavy” Hinton and Curleytop were the only wholesale suppliers of pills in the area. Reed distributed pills for Hinton. Myrick distributed pills for Curleytop, and Hawthorne sometimes “juggled” pills for Myrick. As a result, Myrick and Reed competed for sales in the area, although Reed regularly undercut Myrick’s price.

Pounds further testified that, on the day of the crime, she overheard Myrick make a threatening statement about Reed.3 She [584]*584saw Reed and Thomas enter the alley, then later saw Myrick, Hawthorne, and Thomas exit the alley. Myrick was carrying “something black.” On cross-examination, defense counsel challenged Pounds’ belated reporting to the police of the identities of the men she had seen fleeing, as well as her description of Hawthorne’s height. Counsel also impeached Pounds with her pending drug charges, suggesting that she expected favorable treatment from the government in exchange for her testimony.

Jacqueline Butler, another drug user familiar with the area, testified that Myrick had told her several times he did not want Reed in the area selling drugs. He repeated this sentiment on the day of the crime and showed Butler a gun in the waistband of his pants. She later saw Myrick and someone named “Pete” approach Reed.4 Butler left the area briefly to buy drug paraphernalia. When she returned, she heard three shots and saw three men—Myrick, “Pete,” and an unidentified other person—running out the alley.5 Defense counsel extensively impeached Butler with prior convictions.6

Leroy Farley was the only eyewitness to the murder, other than appellant Myrick, who testified at trial.7 He testified that, on the day of the murder, Myrick had said he was going to rob Reed. Appellant Hawthorne, who was also present, had asked if he could join Myrick, and they walked off. Farley saw no weapons at this time. Farley, who wanted to see what would happen, looked into one entrance of the alley accompanied by Melvin Thomas. They saw Myr-ick and Hawthorne enter the alley from the other side, along with Reed. Myrick and Hawthorne pulled out guns and robbed and killed Reed.8 Thomas and Farley then ran in opposite directions. Defense counsel extensively questioned Farley, who initially had been charged with Reed’s murder along with appellants, about his plea bargain with the government.

Nancy McIntyre, who lived in the neighborhood of the crime, testified that she had heard the shots fired and saw a man “carrying something in his left hand” run out of the alley. She did not see his face.

Appellant Myrick took the stand in his own behalf. He testified that he was present but played no role in the killing. Melvin Thomas and Leroy Farley planned the robbery, he said, and forced Myrick to go along because he knew of their plan. At first, Myrick saw no weapons. Reed, Farley, and Hawthorne were already in the alley when Thomas and Myrick approached them. Farley, Thomas, and Hawthorne pulled out guns. Farley took something out of Reed’s pocket and then shot Reed. Myrick ran. He heard a second shot but did not know who fired it.

Defense counsel, in an attempt to take the sting out of an inconsistency between a statement Myrick had made to the police and his testimony at trial, elicited from Myrick that Melvin Thomas had threatened him. Myrick, therefore, had been afraid to tell the police that Thomas had participated in the killing. The prosecutor impeached Myrick with other inconsistencies and cross-examined him regarding motive.

After his conviction, Myrick filed a new trial motion on July 18, 1983. He alleged that Catherine Pounds’ eventual guilty [585]*585pleas to drug charges demonstrated that she had testified falsely when she denied guilt of these charges. at his trial. At Pounds’ sentencing hearing on September 14, 1983, the prosecutor9 suggested that the court treat two of the earlier guilty pleas as Alford pleas, thereby preserving her claims of innocence.10 The sentencing judge did so. At the September 30 hearing on Myrick’s new trial motion, defense counsel suggested, in effect, that the government’s eagerness to convert Pounds’ guilty pleas to Alford pleas was intended to cover up her perjury. Counsel therefore asked for an opportunity to present “independent evidence of [Pounds’] guilt in the two drug cases.” After reviewing the pleadings and transcript of Pounds’ sentencing hearing, the trial judge denied Myrick’s new trial motion.

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Bluebook (online)
504 A.2d 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawthorne-v-united-states-dc-1986.