People v. Fenton

59 V.I. 163, 2013 V.I. LEXIS 71
CourtSuperior Court of The Virgin Islands
DecidedAugust 22, 2013
DocketCase No. SX-10-CR-347
StatusPublished

This text of 59 V.I. 163 (People v. Fenton) is published on Counsel Stack Legal Research, covering Superior Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Fenton, 59 V.I. 163, 2013 V.I. LEXIS 71 (visuper 2013).

Opinion

BRADY, Judge

MEMORANDUM OPINION

(August 22, 2013)

THIS MATTER is before the Court on the People of the Virgin Islands’ Motion in Limine to Introduce Prior Bad Acts, filed March 29, 2012 [166]*166(“Motion”); Defendant’s Opposition to People’s Motion in Limine to Introduce Prior Bad Acts, filed September 4,2012 (“Opposition”); and the People’s Supplemental Memorandum in Support of Motion in Limine/Motion to Introduce Prior Bad Acts, filed March 19, 2013 (“Supplemental Memorandum”).

The People argue that various prior bad acts of Defendant must be admitted to help “complete the story.” Motion, at 5. The People argue that these acts are admissible as permitted uses of character evidence pursuant to Federal Rule of Evidence 404(b)(1) and (2), which state in relevant part:

Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

Defendant contends that “Rule 404(b) does not allow for the introduction of prior bad acts evidence for the purposes of.. . completing the story.” Opposition, at 2. The People, according to Defendant, are attempting to package character evidence demonstrating Defendant’s criminal propensities with inadmissible hearsay and non-probative evidence immaterial to the present charges.

The People, in their Supplemental Memorandum, reaffirm their need “to complete the story of Defendant’s pattern of isolation and control of the victim.” Supplemental Memorandum, at 5. They argue the need to identify Defendant as the criminal perpetrator, to establish motive and to prove Defendant’s intent in order satisfy the People’s burden of proof under the law.

For the reasons that follow, the People’s Motion is granted in part and denied in part.

FACTS

Present Incident.

On March 19, 2010, Jo-Ana Lang (“the Victim”), was shot in her home while in the presence of her boyfriend, Defendant Jahzeel Fenton. Her four minor children were living with her and were home at the time of the [167]*167shooting. The Victim suffered extensive injuries from the gunshot but survived, although with permanent crippling injuries, following weeks of hospitalization and treatment.

Police recovered DNA samples from the scene and a firearm under a stairwell on the western side of the building. When the Victim recovered her health sufficiently to speak with police, she initially gave a video statement on October 13, 2010 wherein she identified Defendant as her assailant. However, on July 8, 2011, the Victim recanted her previous video statement in writing, claiming she could no longer identify Defendant as the shooter. Defendant maintains that he was not the shooter; but that the culprit is still on-the-loose and yet to be the subject of police investigations.

To refute Defendant’s contention that he was not the shooter, the People seek to introduce evidence of Defendant’s prior bad acts. This evidence “complete[s] the story” and, according to the People, is essential in establishing the intent, motive and identity of Defendant as the perpetrator. Motion, at 5.

Proposed Evidence.

In its Motion and Supplemental Memorandum, the People request in limine that this Court admit the following when offered at trial:

1) Evidence of an August 3,2009 incident of domestic violence involving Defendant and a previous girlfriend, Betsaida Santiago, through the testimony of Officer Quailey;
2) Prior acts of domestic violence involving Defendant and the Victim that occurred between January and March 19, 2010, through testimony of social worker Mary Dupigny, of neighbor David Henry, of other unnamed neighbors of the Victim, of Margarita Ayala, the Victim’s mother, and of Sandra Brannigan, the aunt of the Victim’s minor children;
3) Prior acts of child abuse that allegedly occurred between January and March 19, 2010 against the Victim’s four minor children, specifically the possession of a firearm and ammunition, through testimony of Vanessa Gonzales, another aunt of the Victim’s children;
4) Threats allegedly made by Defendant against Sandra Brannigan approximately four months prior to March 19, [168]*1682010, through testimony of Sandra Brannigan and Mary Dupigny;
5) Statements pertaining to the March 19, 2010 shooting and statements pertaining to prior domestic violence against the Victim and her minor children, as told by the minor children to Sandra Brannigan, who would testify at trial.

DISCUSSION

I. The “Intent” and “Identity” exceptions of Rule 404(b)(2) permit the People to “complete the story” relative to the present charges through evidence of a prior incident of domestic violence by Defendant against his former girlfriend.

The People seek to introduce evidence of prior domestic violence involving Defendant and former girlfriend Betsaida Santiago by offering the testimony of Officer Quailey. The People argue that this evidence meets the intent and identity exceptions, among others, to the prohibition against admission of prior bad acts as set out within Fed. R. Evid. 404(b)(2).

At the outset, whether or not a 404(b) exception to inadmissibility may apply, the Court must review whether this information is admissible through the testimony of Officer Quailey rather than through testimony of the former girlfriend herself. Any attempt to admit the statement of the victim of the prior incident solely by reference to the police report of the prior incident would constitute impermissible hearsay. See Krepps v. Gov’t of the Virgin Islands, 47 V.I. 662, 672, (D.V.I. App. 2006).1

As such, evidence of any prior incident of domestic violence involving Defendant and his former girlfriend may not be admitted through the [169]*169hearsay testimony of Officer Quailey or through any contemporaneous police report of such incident.

Turning to whether direct evidence from the former girlfriend alleged victim of any prior incident of domestic abuse may be admitted, we begin with the premise that Rule 404 generally prohibits evidence that is intended to show a defendant’s propensity for crime or a disposition to commit a particular crime. See U.S. v. Scarfo, 850 F.2d 1015, 1018-1019 (3d Cir. 1988). “Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.” Fed. R. Evid. 404(b)(1). This rule keeps information that might pigeonhole a defendant into a criminal class from the jury’s ears.

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59 V.I. 163, 2013 V.I. LEXIS 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fenton-visuper-2013.