State v. Brown

919 A.2d 107, 190 N.J. 144, 2007 N.J. LEXIS 439
CourtSupreme Court of New Jersey
DecidedApril 17, 2007
StatusPublished
Cited by53 cases

This text of 919 A.2d 107 (State v. Brown) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Brown, 919 A.2d 107, 190 N.J. 144, 2007 N.J. LEXIS 439 (N.J. 2007).

Opinions

[148]*148Justice WALLACE, JR.,

delivered the opinion of the Court.

In this case, the Appellate Division held that defendant’s right to remain silent was not violated when the prosecutor questioned defendant about his pre-arrest silence. Following a violent physical altercation with another man, defendant fled. He was arrested ten months later and charged with assault, robbery, and weapons offenses. At his trial, defendant claimed he was not the aggressor, but merely defended himself when the other man pulled out a knife. The State cross-examined defendant on his pre-arrest conduct in order to challenge defendant’s self-defense testimony. The jury found defendant guilty and the Appellate Division affirmed. We now affirm. We hold that when there is no governmental compulsion involved, the State may fairly cross-examine the defendant concerning pre-arrest conduct or silence to challenge his self-defense testimony. We also conclude that the trial court should give a jury instruction that limits the use of that evidence in assessing a defendant’s credibility. ■

I.

At trial, the State presented evidence to show that on September 12, 2002, defendant, Lawrence Brown, and Paul Russell were playing cards outside of Russell’s apartment. At some point, defendant asked Russell to borrow some money. Russell refused, claiming he did not have any money. In fact, Russell had $130 in his wallet. Defendant did not believe Russell and called him a derogatory name. Russell left for his apartment where he remained for about an hour and then returned to join the group. When defendant asked for a beer, Russell retrieved a bottle of beer from his apartment, gave it to defendant, and sat down on the porch. Defendant again asked to borrow money and expressed disbelief that Russell had none. Russell turned away and was subsequently struck in the face with a beer bottle, causing Russell to fall backwards.

Defendant then slashed Russell three or four times with the broken bottle, severing a portion of his ear. Russell was stunned. [149]*149He heard defendant say “[y]ou made it like this, you make it like this” as defendant reached inside Russell’s pocket, took his money, and fled. Russell had a pocketknife in his possession, but did not use it. Unaware of the extent of his injuries, Russell removed his bloody shirt and attempted to find defendant. When Russell paused to rest, a little girl looked at him and said, “you’re really bleeding.” At that point, Russell returned to his apartment.

By that time, the police had arrived. Officer James Stettner observed Russell’s condition. At first, Russell refused medical attention, and Officer Stettner suggested that he look in a mirror. Russell did so and agreed to go to the hospital. Russell’s detached ear was located and taken to the hospital, but medical personnel were unable to reattach his ear. Russell received over 900 stitches and his face was permanently scarred and disfigured.

At trial, two of Russell’s neighbors testified. Twelve year-old N.B. stated that she heard Russell say “[s]top” and someone else say “[g]ive me money.” N.B. told her mother that someone was doing something to Russell. She and her mother opened the back door and saw a man on top of Russell. N.B. identified defendant as the man she saw on top of Russell. She said that defendant ran away and Russell followed after him. N.B.’s mother testified that when she opened the back door of her apartment, she saw defendant on top of Russell, whose face was bloody. She yelled for defendant to stop and then called the police. Officer Stettner testified that when he arrived at the scene he observed a puddle of blood near the door. He found a piece of Russell’s ear, bloody shards of green glass, a broken beer bottle, and a blood spattered fifty-dollar bill in the area of the assault.

Detective Robert Schmeltzly, one of the investigating officers, testified that he took a statement from Russell on September 25, 2002, and signed a complaint against defendant. He testified that he attempted to locate defendant but “the information on the street was that he went to Ohio.” Defense counsel objected to that comment. At sidebar, the prosecutor argued that defendant would raise self-defense and he wanted to disprove that defense. The [150]*150trial court suggested the prosecutor ask, “[d]id you ever hear from [defendant]? ... did [defendant] ever come in and say, ... I understand you’re looking for me.”.

Before the jury, the following exchange between the prosecutor and Detective Sehmeltzly took place:

Q. Detective ScKmeltzly, did you ever, from September 12th, 2002 until August of 2003, did you ever get contacted by [defendant]?
A. No, I did not, sir.
Q. Did the Phillipsburg Police Department get contacted by [defendant]?
A. No, they did not, sir.
Q. Were any charges filed by [defendant] as a victim during that time?
A. Not that I’m aware of, sir.

Defendant testified in his defense and presented a different set of facts. He stated that he was living in Ohio at the time and was visiting friends on September 12, 2002, when he attended a party in front of Russell’s apartment. At some point, he joined Russell and two other men in a card game in .the backyard. Russell became agitated after losing money in the card game and continued to be upset when defendant refused to lend him money. After they stopped playing cards, Russell approached him with a knife in his hand and grabbed his shirt. Defendant asked Russell what he was doing and Russell threatened him with the knife. Defendant testified that he reacted in self-defense by striking Russell with a beer bottle. He denied removing money from Russell’s person and claimed to have struck Russell only once with a beer bottle.

On cross-examination, defendant admitted that a week after the altercation, he learned that the incident had been reported in the newspaper. The prosecutor asked the following questions:

Q. [L]et’s say someone has hit someone with a bottle and cut someone. Would you say they’d know they’d be charged with aggravated assault or some kind of crime?
A. Yes. If you just walk up to — yes.
Q. So unless you come forward and say, he cut me, he tried to cut me first, Phillipsburg police, unless you do that, didn’t you realize that you would very possibly be charged with aggravated assault by the Phillipsburg police department?

[151]*151Defendant responded that he did not know the extent of any injury or whether Russell would report it or file charges. The prosecutor then engaged defendant in the following exchanges:

Q. You got a brother who is looking for you, right? His brother.
A. Right.
Q. You got it in the papers. Lawrence Brown does something that caused blood. Only a week after the incident, right?'
A. Right.
Q. And what do you do, Mr. Brown? Do you call the Phillipsburg police, say, hold on a minute? Do you do that?
A. No.
Q. Do you call the Phillipsburg police and say, wait a minute, this is not how it is, he tried to stab me? Did you do that?

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

Related

State of New Jersey v. Jorge M. Ramos-Compres
New Jersey Superior Court App Division, 2025
State of New Jersey v. Larry M. Noel
New Jersey Superior Court App Division, 2024
State of New Jersey v. Jennifer Sweeney
New Jersey Superior Court App Division, 2024
State of New Jersey v. Christopher Udell Teeter
New Jersey Superior Court App Division, 2024
State v. Outland
205 A.3d 255 (New Jersey Superior Court App Division, 2019)
State v. Santamaria
200 A.3d 375 (Supreme Court of New Jersey, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
919 A.2d 107, 190 N.J. 144, 2007 N.J. LEXIS 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-nj-2007.