McClain v. State

40 A.3d 396, 425 Md. 238, 2012 WL 933672, 2012 Md. LEXIS 148
CourtCourt of Appeals of Maryland
DecidedMarch 21, 2012
Docket17, September Term, 2010
StatusPublished
Cited by4 cases

This text of 40 A.3d 396 (McClain v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McClain v. State, 40 A.3d 396, 425 Md. 238, 2012 WL 933672, 2012 Md. LEXIS 148 (Md. 2012).

Opinions

BARBERA, J.

Petitioner Elliott McClain was convicted by a jury in the Circuit Court for Baltimore City of first degree murder and related offenses. At trial, the State offered into evidence an audiotape of a prior statement by a State’s witness, Sheila Billings, without explicitly offering at that time a theory for its admission. The trial court admitted that audiotape, among other items of physical evidence, saying that it was admissible as either a prior consistent statement or a prior inconsistent statement.

Petitioner asks us to decide whether the court erred in admitting the audiotape statement of Ms. Billings, given that the State did not offer the grounds for admission and the court did not make explicit findings regarding admissibility. We are also asked to decide whether the trial court erred in sending to the jury room during deliberations, absent a specific request from the jury, the audiotape statement of Ms. [241]*241Billings and other prior audiotape statements that were admitted into evidence. For the following reasons, we hold that the trial court did not err in either respect.

I.

This case arises out of the death of Tidell Harris, who was shot during the early morning hours of June 1, 2004. The next day, Kerwayne Stanton was arrested on drug related charges. He informed the arresting officer that he had witnessed the shooting the previous night. The police transported Stanton to the police station, where he spoke with Detective Ron Ciraolo. Based on information that Stanton supplied, Detective Ciraolo prepared two photographic arrays. Stanton identified the photographs of the Petitioner, Elliott McClain, also known as “Goo” or “Gooh,” and Kevin Fletcher, known as “Pooh,” as depicting the two gunmen who shot Harris, known as “Popcorn” (hereafter, “the victim”). Stanton then provided a recorded statement of his account of the incident.

During the days that followed, Detective Ciraolo separately questioned Fletcher and Petitioner at the police station. Fletcher gave a recorded statement in which he implicated himself and Petitioner in the shooting of the victim. Petitioner, at his interview, told Detective Ciraolo the following: he was at Sooner’s Bar on the night of the shooting; the victim came into the bar, remained there for a short time, then left; thereafter, Petitioner heard gunshots outside, looked out the window, and saw a man lying in the street; Petitioner then told Sheila Billings, a server at the bar, to call the police.

Several months later, Detective Ciraolo conducted an audio-taped interview of Sheila Billings. Billings told Detective Ciraolo that, on the night of the shooting, Petitioner and the victim were in the bar; the victim left about thirty minutes before Petitioner himself left the bar; then a girl ran into the bar and said that the victim had been shot, outside. The audiotape contains the following exchange between Detective Ciraolo and Billings:

[242]*242[Ciraolo]: Um, Miss Billings, do you remember or can you remember after Gooh [Petitioner] left the bar about how much time went by before the girl came running back in saying that ah ...
[Billings]: Well, ah, when the girl ran in I believe that was before he left. Ah, it was about, now I might be wrong on this, it, it was either just right, right after she came in and said it or it was right before and I’m not real clear on that.
[Ciraolo]: Okay.
[Billings]: Okay, so I’m not so, I believe it was, no I’m . wrong. It was like thirty minutes. He left and it’s right before he was, that girl came in, when she ran in and said he was shot and he had left.
[Ciraolo]: So ...
[Billings]: And he never, he never came back.
[Ciraolo]: So he was already out of the bar ...
[Billings]: Right.
[Ciraolo]: when the girl came in ...
[Billings]: Right.
[Ciraolo]: and told you ...
[Billings]: That’s correct, yes.
[Ciraolo]: Okay, um, it’s a little confusion.
[Billings]: Right.
[Ciraolo]: Just to clarify, Popcorn [the victim] left ...
[Billings]: Yes.
[Ciraolo]: Gooh [Petitioner] left ...
[Billings]: Yes.
[Ciraolo]: Sometime after that the girl came in and said he was shot?
[Billings]: Right.

At trial, the State called Billings to testify about the events of June 1, 2004. Contrary to her audiotaped statement to Detective Ciraolo, in which she stated that Petitioner left the bar after the victim but before the report that the victim had [243]*243been shot, Billings answered “yes,” when asked whether Petitioner was still in the bar when the girl ran in and said someone had been shot. The State then attempted to show Billings a transcript of her November 2004 interview with Detective Ciraolo, and, upon defense counsel’s request, the following bench conference took place:

[Defense]: Your Honor, I object to giving the witness anything to refresh her recollection. She testified to something, and she does not need the document to refresh her recollection for any purpose. She was asked a question, and she answered it.
[The Court]: Well, if she answered the question inconsistently or incorrectly with regard to her previous statement, the State can certainly put the statement in front of her, and see if that refreshes her recollection.
[Defense]: Very good. But there’s no foundation which would suggest that we needed that, Your Honor, so to allow her to review the document before that question is asked is problematic.
[The Court]: I disagree.
[Defense]: All right.
[The Court]: You all have had an opportunity to review the statement, I mean I assume — what’s your proffer, [State]? Why are you putting the statement in front of her?
[State]: She advised the police that Goo [Petitioner] left after Popcorn [the victim], and it was before the individual came in and said somebody had been shot.
[Defense]: The statement actually says that Goo [Petitioner] was in the bar. The statement says that Goo [Petitioner] was in the bar when the person came in, and then after police questioning she says, “Well, I don’t really recall which.” So it’s not a matter of whether or not she recalls as she is sitting here today; it’s a question of whether or not the State can show that the police managed to turn her statement around into something more ambiguous, and that’s inappropriate as a purpose for her [244]*244reviewing this statement at this point in time, Your Honor.
[The Court]: Well what does the statement say, [State]?
[State]: Would you like a copy?
[The Court]: Sure.
(State hands document to the Court.)

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McClain v. State
40 A.3d 396 (Court of Appeals of Maryland, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
40 A.3d 396, 425 Md. 238, 2012 WL 933672, 2012 Md. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclain-v-state-md-2012.