Spain v. State

872 A.2d 25, 386 Md. 145, 2005 Md. LEXIS 179
CourtCourt of Appeals of Maryland
DecidedApril 7, 2005
Docket81, September Term, 2004
StatusPublished
Cited by70 cases

This text of 872 A.2d 25 (Spain 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
Spain v. State, 872 A.2d 25, 386 Md. 145, 2005 Md. LEXIS 179 (Md. 2005).

Opinions

HARRELL, J.

I.

On Sunday, 3 February 2002, Officer Cornelius Williams, assigned at the time to the Western District FLEX unit1 of the Baltimore City Police Department, was walking eastbound in the 1900 block of West Baltimore Street, near its intersection with North Monroe Street, when he saw a group of seven men at the corner. As Officer Williams, who was dressed in plain clothes, walked toward the group, one group member, a man wearing a gray sweat suit with a red stripe and later identified as Jesse Spain, Jr. (referred to as “Spain” or Petitioner subsequently), approached the officer and asked, “What do you want?” Interpreting this remark as ah inquiry about the possible sale of illegal narcotics, Officer Williams, trained and experienced in matters involving street level narcotics distribution, responded, “What do you have?” Spain responded, “Pve got some pills.” Officer Williams interpreted this statement to indicate that Spain was offering for sale heroin in gel cap form.

Spain then tapped the shoulder of another man in the group (later identified as Petitioner’s father, Jesse Spain, Sr.), who [149]*149advised Spain, “I’m going to take [Officer Williams] up the street.” As Officer Williams and Spain, Sr. walked northbound on Monroe Street towards the 1900 block of West Fairmount Avenue, Spain, Sr. stated that he had “a kid on a bike, who’s got some pills on him.” After walking approximately 90 feet further, Spain, Sr. “whistled out.” A young man on a bicycle approached them. Officer Williams recognized the young man on the bicycle as Juan Wilson, whom Officer Williams previously had arrested for street level narcotics distribution. Wilson stopped his bicycle in front of Officer Williams and removed from his pocket a clear plastic bag that contained several gel caps filled with what was later stipulated to be heroin powder. Wilson, at this point, recognized Officer Williams and began to ride slowly away.

Officer Williams identified himself as a police officer and arrested Wilson. Meanwhile, Spain, Sr. fled through an alley on West Fairmount Avenue. When a patrol car and wagon responded to the scene of the narcotics transaction, the original group of men on the corner of West Baltimore Street and North Monroe Street dispersed. As Officer Williams was arresting Wilson, he observed Spain walk westbound on West Baltimore Street out of his sight. A few minutes later, as he was riding in a police wagon, Officer Williams arrested Spain, whom he found standing on the front steps of a residence on West Baltimore Street.

By criminal information filed in the Circuit Court for Baltimore City, Spain was charged with various violations relating to his role in the drug transaction on 3 February involving Officer Williams.2 At Spain’s jury trial, the State’s sole wit[150]*150ness was Officer Williams,3 who testified as both a fact witness and an expert on the packaging, identification, and distribution of street level narcotics in Baltimore City. The defense consisted of only one witness, Spain’s sister, Dawn Spain, who testified that she spoke with Spain earlier on 3 February and he told her that he planned to attend a Super Bowl party later that evening at his grandfather’s house, which happened to be near the scene of the narcotics transaction. Spain’s defense at trial appeared to hinge on the contentions that Officer Williams was mistaken as to the encounter between himself and Officer Williams and that he was in no way involved in the narcotics transaction that followed.4

[151]*151Against this backdrop, the State’s Attorney advocated during closing argument as follows:

[STATE’S ATTORNEY]: The second point I wanted to make to you is that the Officer in this case — the Defense’s argument is that Mr. Spain was outside his house. He was going to attend a Superbowl party and was buying beer. Part of what you have to determine is the credibility of the witnesses. The defense put on a witness who testified, and the State put on one witness, the Officer in this case. You have to weigh the credibility of each individual. Who has a motive to tell you the truth. The Officer in this case would have to engage in a lot of lying, in a lot of deception and a conspiracy of his own to come in here and tell you that what happened was not true. He would have to risk everything he has worked for. He would have to perjure himself on the stand.
[DEFENSE COUNSEL]: Objection.
THE COURT: Basis?
[DEFENSE COUNSEL]: Reference to the Officer perjuring himself your Honor. It’s as far as credibility.
THE COURT: Okay, well the jury understand^] that this of course is closing argument, and that they will [consider the statements to be] lawyers’ arguments. Overruled.
[STATE’S ATTORNEY]: So basically you have to determine who has the credibility. Who’s telling you the truth. Is the Officer coming here and making up a story? What’s [152]*152his incentive to lie and frame Mr. Spain? The reality is that this Officer — they attempted to sell this Officer drugs on the street. They didn’t know he was a police officer. He was out there trying to enforce the law. But, you have to understand that Officer Williams has no motive to lie, because he has everything to risk in this case. Because he doesn’t have to go out and make up drug arrests. Because he has plenty of legitimate drug arrests. There’s absolutely no incentive for him to come in here and tell a story about Mr. Spain. So is Mr. Spain the victim of circumstance? He was just taken up in front of his house, trying to attend a Superbowl party? That’s the defense’s theory in the case. You will ultimately have to decide who you want to believe.

On 6 March 2003, the jury returned a guilty verdict on all counts.5 Spain timely appealed to the Court of Special Appeals, which affirmed his conviction in an unreported opinion. He then petitioned this Court for a writ of certiorari, which we granted, 383 Md. 256, 858 A.2d 1017 (2004), in order to consider the following question:

Did the trial court properly exercise discretion in regulating the scope of closing argument when it allowed the State’s Attorney to argue that the police officer in this case had no motive to lie and would risk his career by testifying falsely?

II.

In Degren v. State, 352 Md. 400, 722 A.2d 887 (1999), we outlined the “great leeway” attorneys are afforded in presenting closing arguments to the jury:

The prosecutor is allowed liberal freedom of speech and may make any comment that is warranted by the evidence or inferences reasonably drawn therefrom. In this regard, [generally, ... the prosecuting attorney is as free to com[153]*153ment legitimately and to speak fully, although harshly, on the accused’s action and conduct if the evidence supports his comments, as is accused’s counsel to comment on the nature of the evidence and the character of witnesses which the [prosecution] produces.

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Cite This Page — Counsel Stack

Bluebook (online)
872 A.2d 25, 386 Md. 145, 2005 Md. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spain-v-state-md-2005.