Skamarocius v. State

731 P.2d 63, 1987 Alas. App. LEXIS 203
CourtCourt of Appeals of Alaska
DecidedJanuary 9, 1987
DocketA-1068
StatusPublished
Cited by17 cases

This text of 731 P.2d 63 (Skamarocius v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Skamarocius v. State, 731 P.2d 63, 1987 Alas. App. LEXIS 203 (Ala. Ct. App. 1987).

Opinions

OPINION

SINGLETON, Judge.

A jury convicted William Skamarocius of sexual assault in the second degree in violation of AS 11.41.420. He appeals, challenging the exclusion of expert testimony regarding problems in evaluating the accuracy of eyewitness testimony. We reverse.

FACTS

P.P. is a real estate agent. On November 3, 1984, she was holding an open house at a condominium, hoping to show it to potential purchasers. At 2 p.m., a man stopped by and she showed him the property. They first went to the garage where she introduced him to two other visitors, Roberta Storo and Mr. Bradley. P.P. and the man then went upstairs where he unexpectedly attacked her. P.P. struggled with [64]*64the man which resulted in his beating her about the face. Eventually, the man succeeded in pulling down her pants and making sexual contact. The assailant then broke off the assault and fled the premises. In hysterics, P.P. ran down the stairs and reported the assault to Storo and a neighbor, Lyman Woodman, who called the police.

P.P. was with her assailant for approximately seven minutes before he attacked her. She estimated that they struggled for ten to fifteen minutes. She described him as being dressed in a grey jogging outfit, a blue knit hat, which covered his hair and ears, and wearing a cream-colored towel around his neck and distinctive white running shoes with black soles. P.P. said her assailant had wide-set jaws, fair skin, was clean shaven and “kind of chubbyish,” and estimated that he was twenty-eight to thirty years old, five foot ten inches tall, and weighed 185-190 pounds.

Several weeks after the incident occurred, the police showed P.P. a photographic lineup, but she was unable to identify anyone. Later, on February 13, 1985, she was shown a second photographic lineup, which she was told contained the picture of a man who had been bothering women at the University of Alaska. She examined the six photographs provided by the police and picked out Skamarocius as her assailant. P.P. told the police that she was ninety percent certain that he was the one but wished either to see a more current photograph or find another way for her to identify him in order to be even more certain.

Officer Weeks of the Anchorage Police Department told P.P. that the man whose photograph she picked was the one that the police suspected was causing trouble at the University and that they scheduled him for an interview on February 15, 1985, at the University to inquire about these problems. The officer asked P.P. if she wished to go to the University at the scheduled interview time to observe Skamarocius firsthand. P.P. agreed and went to the University, where she met Officer Weeks. She and Weeks waited in the lobby until Ska-marocius arrived. She testified that Ska-marocius saw her and walked over to where she was sitting, looked intently at her for a few . moments, and then walked .away and sat down. P.P. positively identified Skamarocius as her assailant at this time.

Based upon P.P.’s identification, the police obtained a search warrant for Skamar-ocius’ residence where they found a towel similar to the one described by P.P. They also seized some jogging clothes similar to those P.P. described. When P.P. was shown the property obtained through the search warrant, she did not recognize the clothes and could not positively identify the towel.

P.P. also identified Skamarocius, as her assailant, at the trial. She testified that the towel found by the police looked like the one used by her assailant. Storo corroborated P.P.’s testimony about being beaten, but she could not positively identify Skamarocius as the man she saw with P.P. that day. The prosecutor also established that Skamarocius closely fit the initial description that P.P. gave the police the day she was assaulted: white male, thirty years old, 180 pounds.

Skamarocius denied assaulting P.P., and said he never saw her before the first day of trial, and had no recollection of having seen her at the University on February 15. His defense was alibi. He testified that he was a student at Anchorage Community College studying computer programming. He stated that he spent the afternoon of November 3, 1984, at the computer lab. His testimony was corroborated in part by the testimony of Marion Guerin, who was in charge of the computer lab, and who testified that Mr. Skamarocius, as a student, was allowed to use the computers. The computer records showed that on Saturday, November 3, 1984, Skamarocius’ account was logged on at 12:59 p.m. and logged off at 7:28 p.m. Mr. Guerin conceded that there was no way of knowing if Skamarocius was there the entire time, since he could have logged on, left, and [65]*65then returned later. On rebuttal, the state offered testimony that the condominium where P.P. was attacked was a ten-minute walk from the computer lab at the college.

In order to bolster the defense, Skamaro-cius sought to introduce the expert testimony of a psychologist, Dr. Robert Madigan, to testify about certain factors that can make eyewitness testimony unreliable. Specifically, Dr. Madigan was to testify to the deterioration of memory over time, the danger that subsequent events would become inseparably incorporated into a memory of an earlier event, the danger that a traumatic event might distort rather than impress an event in a person’s memory, and the fact that an individual’s confidence in his or her memory of an event may be unrelated to its accuracy.

The state initially objected to Dr. Madi-gan’s testimony on the ground that the defense had not given the advance notice of an intent to rely on an expert, which Alaska R.Crim.P. 16 requires. The trial court sustained this objection and precluded the defense from calling Dr. Madigan for twenty-four hours to enable the prosecutor to interview him, prepare for cross-examination, and rebuttal. It appears that the prosecution considered this a reasonable time. The prosecutor mentioned that he was familiar with the literature regarding eyewitness identification, and had on previous occasions cross-examined Dr. Elisabeth Loftus, a leading authority. The defense then made an offer of proof consisting of Dr. Madigan’s entire testimony on direct. The state briefly cross-examined, and then objected again to any testimony by the defense expert. However, it did not repeat its claim of surprise, implicitly conceding that an effective cross-examination and rebuttal might be prepared in the time made available by the court. Instead, it argued two points: first, that testimony about problems with eyewitness identification invaded the province of the jury; and second, that the testimony was based on laboratory experiments with students, not rape victims, which therefore could not help a jury evaluate the testimony of a person admittedly attacked by another.

Judge Carlson sustained the state’s objection to the expert testimony.1 He ruled:

All right. The — Doctor Madigan will not be permitted to testify, because I find that his testimony would create confusion. It’s less probative than prejudicial. It’s irrelevant. The issue of memory processes will overcome the main issue in the trial. And it’s even less relevant than polygraph information, which we have determined not to allow, and the primary reason is, however, it would emphasize something which is not the chief point in the trial, and therefore he will not be permitted to testify.

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Skamarocius v. State
731 P.2d 63 (Court of Appeals of Alaska, 1987)

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Bluebook (online)
731 P.2d 63, 1987 Alas. App. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skamarocius-v-state-alaskactapp-1987.