Lindsey v. State

176 A.3d 741, 235 Md. App. 299
CourtCourt of Special Appeals of Maryland
DecidedJanuary 2, 2018
Docket2704/16
StatusPublished
Cited by9 cases

This text of 176 A.3d 741 (Lindsey 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
Lindsey v. State, 176 A.3d 741, 235 Md. App. 299 (Md. Ct. App. 2018).

Opinion

Panel: Leahy, Reed, Shaw Geter, JJ.

Shaw Geter, J.

*304 Appellant, Marcus Jamal Lindsey, was convicted by a jury in the Circuit Court for Montgomery County of second-degree assault and two counts of human trafficking. The court sentenced appellant to twenty years in prison for one count of human trafficking, and to concurrent ten-year sentences on the remaining counts. Appellant presents the following questions for our review, the first of which we have rephrased:

1. Was the evidence sufficient to sustain appellant's conviction for human trafficking for placing or causing another to be placed in the hotel for prostitution? 1
*305 2. Did the circuit court abuse its discretion by instructing the jury, in response to a jury note, that one count of human trafficking related to *745 alleged conduct "on or about March 3, 2016," rather than " on March 3, 2016?"
3. Did the circuit court abuse its discretion in refusing to allow the defense to play recordings of jail telephone calls involving [appellant]?
4. Did the circuit court err in barring the defense from introducing evidence that the woman whom appellant allegedly forced into prostitution was engaging in prostitution while appellant was in jail?
5. Did the circuit court abuse its discretion by failing to clearly delineate the elements of human trafficking in the jury instructions?

For the reasons set forth below, we shall affirm the judgments of the circuit court.

FACTUAL BACKGROUND

The State alleged that appellant took S.S. 2 to a hotel room in Rockville, attempted to force her to have sex with someone, and struck her in the face. S.S. did not testify. The defense's theory of the case was that S.S. was appellant's girlfriend, and that she prostituted against his wishes. With respect to the second-degree assault charge, appellant admitted that he hit S.S. in the face during an argument in the hotel room, but claimed that he did so in self-defense.

Solange Kpela, a housekeeper at the Radisson hotel in Rockville, testified that on March 3, 2016, she was cleaning the hallway of the second floor of the hotel when she heard a man and woman arguing and "struggling" inside room 201. Ms. Kpela explained:

It sound-normally when you come in the hotel, what caught my attention, that part is to have fun, but it was something like struggling. The male was saying, who are *306 you going to talk to. The lady was screaming, get away from me, you lied to me.
* * *
It was like, you are a hook-like this embarrasses me-you are a hook, you deserve it, who are you going to talk to. And it was back and forth. The lady was screaming, leave me alone, get away from me, stuff like that.

Ms. Kpela's first instinct was to get help for the woman. Before going to the front desk to report the incident, however, she decided to first record the argument by using her cell phone. The cell phone recording was played for the jury and admitted into evidence. Sounds of a struggle can be heard in the recording, and a female voice saying, "Marcus, stop it. No, no, no. No. No," and "He didn't mean anything."

Sandra Liuzzi, the catering sales manager at the Radisson, testified that she was at the front desk of the hotel on March 3, 2016, when a female guest approached her appearing "very frightened," "crying," and "extremely upset." Ms. Liuzzi tried to calm the guest down so that she could figure out what the problem was and get her help if she needed it. According to Ms. Liuzzi, the guest stated that "someone had hurt her," "assaulted her in some way," and that "someone was trying to make her have sex with someone." As Ms. Liuzzi was picking up the phone to call 911, the guest said, "oh my god...there he is." The man then began to approach them, but once he noticed that Ms. Liuzzi was making a phone call, he walked away. During this time, Ms. Kpela also approached Ms. Liuzzi at the front desk appearing very upset and insistent that she needed to speak with Ms. Liuzzi.

*746 Ms. Liuzzi called 911, and the 911 recording was played for the jury and admitted into evidence. In the call, Ms. Liuzzi stated to the dispatcher that a guest had been "beaten up" by "[appellant]." On cross-examination, Ms. Liuzzi acknowledged that she did not state to the 911 dispatcher that the guest had told her that someone had forced the guest to have sex, because, she explained, her goal was "just to get the police there as quickly as possible."

*307 Rockville City Police Officer Tibbs 3 responded to the Radisson. Upon arrival, he encountered S.S., whom he observed to have a bruise on her right eye. S.S. advised Officer Tibbs that she had no identification, no wallet, and no cell phone.

Montgomery County Police Detective Molly Stone of the Vice and Intelligence Unit, the lead investigator assigned to the case, arrived at the Radisson and encountered S.S., whom she observed had a "swollen mark" under her right eye and redness on the left side of her face. The hotel folio records indicated that Kelly Nost had checked-in to the hotel and signed for the room by providing her address and phone number. The second page of the hotel folio record contained a photograph of a driver's license for Cicley Ann Lindsey-Asmani ("Ms. Asmani"), indicating that she was the individual who had rented the room. Ms. Asmani is appellant's mother.

After speaking with S.S. for approximately one hour, Detective Stone accompanied her to room 201, where S.S. retrieved some clothing items and commented that appellant had taken other things from the room. Police photographs of room 201 were introduced into evidence showing boxes of condoms, condom wrappers, condoms in the nightstand drawer, a large piece of braided hair on the floor, a cell phone in a box, a sheet of paper with a list of phone numbers, and a Verizon phone bill addressed to Ms. Asmani.

S.S. directed Detective Stone to the website, "Backpage.com," where the detective located escort advertisements for S.S. and Ms. Nost by using the phone number that Ms. Nost had provided to the hotel at check-in. Print-outs of those ads were introduced into evidence. On cross-examination, Detective Stone testified that the escort ads for S.S. and Ms. Nost were associated with the e-mail addresses, "braman5, or something along those lines," and "betterplayitsmart@icloud.com."

On April 1, 2016, appellant was arrested at an extended stay hotel in Germantown, where he had been staying with S.S.

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Bluebook (online)
176 A.3d 741, 235 Md. App. 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsey-v-state-mdctspecapp-2018.