Smith v. Commonwealth

920 S.W.2d 514, 1995 WL 692952
CourtKentucky Supreme Court
DecidedMay 23, 1996
Docket94-SC-397-MR
StatusPublished
Cited by28 cases

This text of 920 S.W.2d 514 (Smith v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Commonwealth, 920 S.W.2d 514, 1995 WL 692952 (Ky. 1996).

Opinions

FUQUA, Justice.

On August 25, 1992, Detective William Stanley [hereinafter Stanley], a member of [516]*516the Louisville Police Department’s Crimes Against Children Unit (CACU) arrested the appellant pursuant to a warrant alleging his sexual molestation of F.T., his step-granddaughter. At the time of the arrest, Stanley orally advised the appellant of his Miranda rights and later advised him of his rights in writing at the CACU office which the appellant then waived in writing.

Stanley then specifically informed the appellant of one of the charges against him. The appellant responded, “I can’t say I didn’t do those things, but I want to speak to an attorney.” At that point Stanley stopped his questioning and took the appellant to jail for booking, since his attorney was unavailable. While en route to jail, the appellant tried to re-open the discussion about the charges against him. Stanley informed the appellant that since he had requested the assistance of counsel, Stanley could not discuss the case with him any further.

After arriving at the jail, Stanley placed the appellant against a wall and went across the room to speak with another officer. Stanley then noticed a brief conversation between Officer Childress, a corrections officer, and the appellant. After the conversation, Childress walked over to Stanley and inquired as to why the appellant was under arrest. While Childress was standing with Stanley and another officer, the appellant voluntarily walked up to the officers and allegedly said, “One good thing about being here is I can’t do it to anyone else.” Chil-dress then asked the appellant, “Are you telling me you did these things?” The appellant replied, “I’m a sick person,” and then walked away. Appellant later returned and stated, “The first case I think I could prove I wasn’t guilty, but this case is just a little seven year old girl. She is only about this high and I am a rotten son of a bitch.” The appellant disputed the content of these alleged statements.

At trial, the prosecution called F.T. as its first witness. F.T. testified in detail as to many things she had already conveyed to Detective Stanley and others. On cross-examination, the defense tried to bring out inconsistencies between F.T.’s statements at trial and her statements to Stanley. Subsequently, the Commonwealth called Stanley whose extensive testimony reiterated that to which F.T. had already testified. The appellant objected to Stanley’s testimony as it was not within the limited scope of hearsay admissible under KRE 801A(a)(2) as a prior consistent statement.

Ultimately, the jury convicted the appellant of two counts of first-degree sodomy and one count of sexual abuse. A total sentence of twenty-four (24) years’ imprisonment was imposed and the appellant now appeals as a matter of right.

The appellant’s most important contention is that the trial court committed reversible error by permitting Detective Stanley to testify about prior consistent statements by F.T. which only served to bolster the credibility of F.T.’s trial testimony. The Commonwealth, on the other hand, argues that the trial court did not err in admitting the testimony since appellant’s theory of the case (that F.T.’s story was fabricated and continued “growing”) opened the door for the Commonwealth to rebut the allegation. The Commonwealth further asserts that any error in admitting the prior consistent statement was harmless.

This court has continuously held that the hearsay testimony of social workers is inadmissible and constitutes reversible error because it unfairly bolsters the testimony of the alleged victim. Sharp v. Commonwealth, Ky., 849 S.W.2d 542, 546 (1993); Brown v. Commonwealth, Ky., 812 S.W.2d 502, 503-504 (1991); Mitchell v. Commonwealth, Ky., 777 S.W.2d 930 (1989); Reed v. Commonwealth, Ky., 738 S.W.2d 818, 821-822 (1987); Hester v. Commonwealth, Ky., 734 S.W.2d 457 (1987); Bussey v. Commonwealth, Ky., 697 S.W.2d 139, 141 (1985).

The rationale behind prohibiting hearsay testimony in situations involving social workers is appropriately applicable to the present case of a police detective relating prior statements by the victim. The testimony of Detective Stanley was highly prejudicial because it only served to bolster F.T.’s credibility. In addition, the testimony lacked probative value because F.T. had already ef[517]*517fectively testified. Basically, Stanley’s testimony was unnecessary because no dispute existed as to what F.T. alleged since she had adequately stated it in the courtroom and in front of the jury.

Moreover, the recent Supreme Court ruling in Tome v. U.S., 513 U.S. -, 115 S.Ct. 696, 130 L.Ed.2d 574 (1995), suggests Stanley’s testimony would have been admissible only if F.T. had made statements to Stanley before her motive for fabrication existed. This case strengthens the long held rule in Kentucky set forth in Eubank v. Commonwealth, 210 Ky. 150, 275 S.W. 630 (1925), that generally

a witness cannot be corroborated by proof that on previous occasions he has made the same statements as those made in his testimony. Where, however, a witness has been assailed on the ground that his story is a recent fabrication, or that he has some motive for testifying falsely, proof that he gave a similar account of the matter when the motive did not exist, before the effect of such an account could be foreseen, or when motive or interest would have induced a different statement, is admissible. (Emphasis added.)

Id., at 633. Clearly, F.T.’s motive remained the same from the start of the investigation and through the trial. Thus, given the lack of probativeness of Stanley’s testimony and the consistency of F.T.’s motive, the admission of Stanley’s testimony as a prior consistent statement constitutes reversible error.

Secondly, the appellant contends that the trial court committed reversible error in admitting, over objection, several of the appellant’s statements while in police custody. The appellant believes that these statements should not have been admitted for constitutional, procedural, and evidentiary reasons.

Appellant allegedly made the following statements while at the jail intake area. “One good thing about being in here, I can’t do it to anyone else.” “I’m a sick person.” The appellant’s constitutional rights were not violated since the appellant made the statements after invoking his Miranda rights, because the appellant voluntarily reinitiated contact with the police and made these statements. The appellant, on the contrary, argues that once he asserted his fifth amendment right to counsel, the initiation of further conversation with him was absolutely forbidden until counsel was made available. Basically, the appellant contends that the Commonwealth had the burden to overcome the presumption that the appellant’s statements were not voluntary.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Donovan Pitmon v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2025
King v. Commonwealth
554 S.W.3d 343 (Missouri Court of Appeals, 2018)
Tackett v. Commonwealth
445 S.W.3d 20 (Kentucky Supreme Court, 2014)
Edmonds v. Commonwealth
433 S.W.3d 309 (Kentucky Supreme Court, 2014)
Hoff v. Commonwealth
394 S.W.3d 368 (Kentucky Supreme Court, 2011)
Alford v. Commonwealth
338 S.W.3d 240 (Kentucky Supreme Court, 2011)
Sanderson v. Commonwealth
291 S.W.3d 610 (Kentucky Supreme Court, 2009)
Winstead v. Commonwealth
283 S.W.3d 678 (Kentucky Supreme Court, 2009)
Allen v. Commonwealth
278 S.W.3d 649 (Court of Appeals of Kentucky, 2009)
Dickerson v. Commonwealth
174 S.W.3d 451 (Kentucky Supreme Court, 2005)
Noel v. Commonwealth
76 S.W.3d 923 (Kentucky Supreme Court, 2002)
Miller v. Commonwealth
77 S.W.3d 566 (Kentucky Supreme Court, 2002)
Dike v. State
990 P.2d 1012 (Wyoming Supreme Court, 1999)
Belt v. Commonwealth
2 S.W.3d 790 (Court of Appeals of Kentucky, 1999)
Slaven v. Commonwealth
962 S.W.2d 845 (Kentucky Supreme Court, 1997)
Savage v. Commonwealth
939 S.W.2d 325 (Kentucky Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
920 S.W.2d 514, 1995 WL 692952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-commonwealth-ky-1996.