People v. Greene

661 N.W.2d 616, 255 Mich. App. 426
CourtMichigan Court of Appeals
DecidedMay 6, 2003
DocketDocket 239074
StatusPublished
Cited by33 cases

This text of 661 N.W.2d 616 (People v. Greene) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Greene, 661 N.W.2d 616, 255 Mich. App. 426 (Mich. Ct. App. 2003).

Opinions

Whitbeck, C.J.

This is a case of first impression in which we must construe and apply MCL 750.122(6), a relatively new witness-tampering statute, to determine whether the circuit court erred in quashing the information. The prosecutor appeals by right. We reverse and remand for further proceedings.

I. BASIC PACTS AND PROCEDURAL HISTORY

The prosecutor originally charged defendant Jimmy Eric Greene, Jr., with manslaughter for the willful killing of an unborn quick child1 after he allegedly physically assaulted his pregnant girlfriend, Christa Hughbanks. At his arraignment, the district court ordered Greene not to have any contact with Hughbanks.

Greene moved to adjourn the preliminary examination so his attorney could study medical records regarding the death. During the discussion of the motion, the prosecutor expressed concern that Hughbanks, who was present and available to testify, might not return to court for future proceedings. The prosecutor revealed that Greene had contacted Hughbanks from jail and told her not to come to court, and that those conversations had been recorded. The district court ruled that the preliminary examination would commence that day with [429]*429Hughbanks’ testimony, but the examination of other witnesses would be adjourned to allow Greene time to prepare. Hughbanks testified about a fight she had with Greene, as well as her reluctance to testify against him because she still loved him. She also admitted that she had talked with Greene on the telephone while he was incarcerated.

A few days later, the prosecutor filed a new criminal information charging Greene with witness intimidation and reciting the language of MCL 750.122(3), which prohibits using threats or intimidation to tamper with a witness. When the district court reconvened for the second part of the preliminary examination, this charge was added to the scope of the examination. The testimony previously presented was, by stipulation, applied to the new charge, and Hughbanks was questioned again.

The district court received in evidence the taped conversation and a transcript of the conversation. Greene did not challenge that evidence. The transcript reflected many inaudible parts, evidently because Greene called an acquaintance from the jail, and the acquaintance used three-way calling on the telephone to bring Hughbanks into the conversation.

In the telephone call, Greene asked Hughbanks about what her sister, who had witnessed the altercation at the center of the prosecution, planned to testify. There was some difficulty hearing all three callers, so sometimes Greene told his acquaintance to pass messages to Hughbanks rather than attempt to speak directly with her. When informed that Hughbanks’ sister planned to testify that she saw Greene hit Hughbanks, Greene said:

[430]*430J [defendant Jimmy Greene]: Tell her if her sister’s gonna say that tell her on the 13th don’t even show up.
P [unknown female]: Okay — hold on.
F: Christie — Christie—Christie . . .
Inaudible discussion
J: Krisha — No—tell her not to come.
F: Christa?
J: Yeah
F: Christa — you don’t come on the 13th.
C [Christa Hughbanks]: Me — I’ll get a warrant for my arrest.
F: She said she subpoenaead [sic], too.
J: Tell her it’s only a $150 fine.
F: He said it’s only a $150 fine.
C: That it?
F: Yeah
J: Tell her that’s the only way I’m gonna get up off of it.
# * *
J: Tell her if her sister gonna say — I ain’t touch it tell her don’t even show up.
F: He said if your sister do show up — don’t show up on the 13th.
C: But they gonna have a warrant for my arrest.
J: No they won’t.
C: No they won’t — he says—
J: I already talked to my lawyer.
F: He already talked to his lawyer.
C: I don’t know what to do — I was subpoenaed to come to court on Wednesday.
F: She said she was — 1 was subpoenaed today — to come on Wednesday.
J: That don’t matter, that subpoena ain’t shit.
F: He said it don’t matter that subpoena ain’t nothing.
* * *
J: Tell her all she gotta do is lay low until after 5:00.
F: All you gotta do is lay low until after 5:00.
[431]*431C: They’re gonna know where to find me. Tell him that they know — I got an appointment at The Comer [medical clinic] at 3:45.
F: They know she’s got an appointment at The Comer at 3:45.
J: But the court is at 1:00 — tell them fucked up on the appointment.
F: She said she don’t care about her health now.
J: Just tell her go over to Pigeon’s house and chill out until after 5:00 when the court close.
F: Inaudible
J: Hello?
F: Whose house?
J: Tell her to go to Pigeon Toe’s house and chill out until after 5:00.

Greene twice repeated that Hughbanks should stay away from court until after 5:00, when the court would close, and that Hughbanks only had to say “she forgot.” Greene also said that, wherever Hughbanks went, she could not be in her car.

In another conversation, Greene repeated his desire that Hughbanks stay away from court:

J: You gotta wait — I gotta get my probation transferred and shit. . . but look, when the time comes, you gotta just leave early that morning and stay gone until after 5:00— straight up.
C: Okay.
J: Just say your people—
C: She told me herself.
J: What?
C: _ Inaudible . . . and I was tellin’ people _ grabbed her and _pulled her_ it’s in her statement
[432]*432J: They even — got it out that I beat her up.
C: Yeah, they tried to ask me that, I said “No—
J: They gotta say she called cryin’, and I beat her up.
C:_
J: You know ol’ girl not black—
C: Who?

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Bluebook (online)
661 N.W.2d 616, 255 Mich. App. 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-greene-michctapp-2003.