Matter of CBN

499 A.2d 1215, 1985 D.C. App. LEXIS 553
CourtDistrict of Columbia Court of Appeals
DecidedNovember 7, 1985
Docket83-1533
StatusPublished

This text of 499 A.2d 1215 (Matter of CBN) 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
Matter of CBN, 499 A.2d 1215, 1985 D.C. App. LEXIS 553 (D.C. 1985).

Opinion

499 A.2d 1215 (1985)

In the Matter of C.B.N. Appellant.

No. 83-1533.

District of Columbia Court of Appeals.

Argued November 14, 1984.
Decided November 7, 1985.

*1216 David J. Sitomer, Washington, D.C., appointed by the court, for appellant.

Karen J. Krueger, Asst. Corp. Counsel, Washington, D.C., with whom Inez Smith Reid, Corp. Counsel, John H. Suda, Principal Deputy Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellee.

Before PRYOR, Chief Judge, BELSON, Associate Judge, and PAIR, Senior Judge.

BELSON, Associate Judge:

A Family Division judge found appellant guilty of armed robbery, D.C.Code §§ 22-2901, -3202 (1981 & 1985 Supp.), and adjudicated him a delinquent. Appellant assigns as error the trial court's refusal to permit the defense to introduce extrinsic evidence to impeach the government's key witness. We agree and reverse.[1]

I

The complainant testified that at approximately 12:15 a.m., on August 3, 1983, he was walking on Independence Avenue, S.E., between 9th and 10th Streets. He saw a group of five or six boys walking toward him on the opposite sidewalk. After they passed, complainant crossed Independence Avenue and continued walking away from the boys. Complainant explained that one of the boys from the group then ran back, jumped in front of complainant, and pointed a revolver at him. Complainant later identified the gunman as W.E. Upon W.E.'s command, complainant handed over his wallet and his Seiko watch. As W.E. started to run away, complainant asked for his documents. After removing about $50, W.E. threw the wallet to complainant.

A juvenile, D.W., testified that shortly before the robbery he had chanced upon W.E., appellant, and about five other boys. D.W. decided to walk with them. In conversation, appellant stated to D.W. that W.E. possessed a gun. W.E. confirmed that by lifting up his shirt to reveal a gun. D.W., considering that action just "play," continued walking with the group. Thereafter, D.W. observed complainant walking toward the boys on the opposite sidewalk of Independence Avenue. After complainant passed the group, complainant crossed the street and continued walking in the opposite direction. D.W. explained that *1217 appellant and W.E. then dropped back from the group, turning in the direction of complainant. D.W. remained with the group, which had stopped walking about 3½ car lengths away from complainant. D.W. then watched as W.E. pointed his gun at complainant while appellant stood about 2½ feet behind complainant. Complainant gave his wallet to W.E. W.E. and appellant then ran away past D.W. D.W. explained that he did not run away with appellant and W.E. Instead, he reported the robbery to the police.

According to another government witness, police officers stopped appellant, W.E., and two other juveniles the following morning in response to two radio lookouts. They recovered a gun that W.E. threw into the bushes. They also searched appellant and recovered from him a Seiko watch. Later, complainant identified that watch as the one stolen from him and the gun as the one used in the robbery. Complainant also identified W.E. as the gunman.

W.E. testified for the defense. According to W.E., he had joined with D.W., who held the gun, and another boy, D.S., in robbing complainant. All three boys stood in front of complainant. W.E. stated that appellant had not participated in the robbery, but instead had remained down the street with some other boys.

Appellant testified to the same effect. He explained that he possessed complainant's watch because he was holding it for W.E., who did not have a pocket. Appellant attested that he had seen W.E. wearing the watch all day and thought W.E. owned it.

II

Appellant asserts that the trial court erred in excluding extrinsic evidence proffered to impeach D.W., the government's only witness able to identify appellant as one who assisted in the robbery.

D.W. testified for the government in the afternoon of the second day of trial. Defense counsel introduced T.G. as a witness on the following morning, after the government had rested. T.G. was one of the boys with appellant and W.E. when they were stopped by the police on the morning following the robbery. Defense counsel questioned T.G. about an alleged conversation he had had with D.W. on the previous day.[2] The prosecutor objected to that question on the grounds that "an improper foundation" had been laid for impeaching D.W., and that the topic was not relevant. The defense counsel explained to the court that T.G. and four other boys present at the scene of the robbery would testify that D.W. had approached them the previous day and stated that he wanted money from the four boys or he would give testimony that would get them all in trouble. The court sustained the objection, observing that T.G. was not charged with the robbery. In ruling, the court did not refer to the lack of foundation for this impeachment, but stated that for the "alleged extortion" to be relevant, the threat had to be directed to appellant.

Appellant asserts that the excluded testimony of T.G. was relevant to demonstrate D.W.'s "bias" in that D.W.'s attempt to blackmail the other boys was indicative of "corrupt activity," provable by extrinsic evidence.

The government replies that the proposed impeachment concerned not bias or corruption, but prior bad acts by D.W., and as such "may be elicited only by cross-examination of the witness; it generally may not be proved by extrinsic evidence." Lawrence v. United States, 482 A.2d 374, 377 (D.C.1984) (citing United States v. Akers, 374 A.2d 874, 878 n. 9 (D.C.1977)).

For the purpose of examining appellant's argument, we look to some general precepts *1218 regarding the use of cross-examination and extrinsic evidence to show the bias or corruption of a witness. The Sixth Amendment of the Constitution guarantees to a criminal defendant the right to cross-examine the witnesses against him. See, e.g., Davis v. Alaska, 415 U.S. 308, 315-16, 94 S.Ct. 1105, 1109-10, 39 L.Ed.2d 347 (1974); Springer v. United States, 388 A.2d 846, 854 (D.C.1978). A respondent in a juvenile delinquency proceeding has an equivalent right as a matter of due process.[3] The trial court is vested with discretion to control the extent of cross-examination. Alford v. United States, 282 U.S. 687, 694, 51 S.Ct. 218, 220, 75 L.Ed. 624 (1931); Lawrence, 482 A.2d at 376. That broad discretion "`cannot . . . justify a curtailment which keeps from the jury relevant and important facts bearing on the trustworthiness of crucial testimony.'" Springer, 388 A.2d at 855 (quoting United States v. Harris, 501 F.2d 1, 8 (9th Cir. 1974), and Gordon v. United States, 344 U.S. 414, 423, 73 S.Ct. 369, 375, 97 L.Ed. 447 (1953)).

The trustworthiness of a witness' testimony may be undermined by demonstrating that bias or partiality motivates the witness. Benjamin v. United States, 453 A.2d 810, 811 (D.C.1982).

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Bluebook (online)
499 A.2d 1215, 1985 D.C. App. LEXIS 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-cbn-dc-1985.