State v. Chandler

380 P.3d 932, 360 Or. 323, 2016 Ore. LEXIS 614
CourtOregon Supreme Court
DecidedSeptember 22, 2016
DocketCC CR1101757; CA A152098; SC S063096
StatusPublished
Cited by42 cases

This text of 380 P.3d 932 (State v. Chandler) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Chandler, 380 P.3d 932, 360 Or. 323, 2016 Ore. LEXIS 614 (Or. 2016).

Opinion

*324 BALDWIN, J.

The decision of the Court of Appeals and the judgment of the circuit court are affirmed.

*325 BALDWIN, J.

In this criminal case, defendant was convicted of two counts of first-degree sexual abuse. ORS 163.427. Defendant assigns error to the trial court’s admission of a videotaped pretrial interrogation of defendant by Detective Gates. The videotape, which was played for the jury, included statements by Gates indicating her belief that defendant was lying and that the victims were telling the truth. On appeal, defendant argued that the trial court erroneously denied his motion to redact Gates’s statements, because, under OEC 403, the prejudicial impact of those statements outweighed their probative value. The Court of Appeals concluded that defendant had failed to preserve his argument under OEC 403. The court rejected defendant’s remaining argument that Gates’s statements constituted impermissible vouching testimony. We allowed review and, for the reasons we explain below, affirm.

I. BACKGROUND

The Court of Appeals summarized the undisputed facts as follows:

“The conduct at issue occurred at the home of D, the 12-year-old victim. She lived there with her mother, father, and two brothers. A, the seven-year-old victim, is related to the family and stayed at the home one night. Defendant was a close friend of the family and also stayed that night. Both D and A later reported to family members that defendant had touched them. D said that she awoke to find defendant rubbing her thigh near her genital area. A said that defendant had touched her under her clothes. She later told a CARES interviewer that defendant had touched her on her ‘pee’ with his hand.
“Gates received a report of suspected abuse from the Department of Human Services and attended A’s CARES interview. Gates later interviewed defendant; at the end of that approximately two-hour interview, she arrested defendant. That videotaped interview is the subject of this appeal. In the interview, defendant repeatedly denied the allegations. Gates made numerous comments indicating that she believed the victims and that defendant was not being truthful.”

*326 State v. Chandler, 269 Or App 388, 389-90, 344 P3d 543 (2015).

Before trial, defendant moved to redact portions of the videotaped interview, arguing that those portions were inadmissible for various reasons. As relevant to this appeal, defendant contended that certain of Gates’s statements constituted impermissible comments on the credibility of other witnesses that are categorically inadmissible. We do not quote all of the challenged excerpts; however, the following excerpts are representative of the type of statements that Gates made throughout the interview to the effect that she believed the victims to be truthful and defendant to be untruthful:

“[GATES]: [B]ut if I have someone saying a completely different story than everyone else — I have a little kid saying you did something and she’s crying and scared, doesn’t want to go back to grandma and grandpa’s, has no reason to lie about this, has no reason to pin it on you. She doesn’t know you.
«* * * * *
“I have a little girl that’s saying what she’s saying and I’ve got video of it and it’s extremely telling ‘cause it’s heart breaking. The girl had no history of, you know, lying, making accusations against people that have turned out to be lies.
«Hi ‡⅜⅜‡
“[GATES]: *** So here’s how I work. When I talk to people!,] usually the suspect is the very last person I talk to ‘cause I want to know as much about you as I can. I want to know * * * as much about that incident, what people saw and what people heard, you know, what you talked to people about since that happened.
“I want to know everything. I want to know about your past. I want to know what you’re doing now. And I want to talk to you and talk to you like I don’t know any of it and see if you’re going to lie to me about stuff you don’t even have to lie about.
“And that’s exactly what you’ve done. And so some of [the] stuff I know you’ve been honest about. And I can see *327 you act a certain way when you say something that’s truthful and I see you act a different way when you’re saying something that I already know is a lie.
“So it’s kind of nice because you’re lying[,] thinking you’re helping yourself, but it’s showing me what you look like and how your body reacts when you lie.
«‡⅜‡⅜⅜
“[GATES]: And that’s what I’m saying. If you’re just going to say, ‘Oh, everybody’s a liar. All these people that I trust that are family to me that consider me an uncle, and, you know, I’m like a son to them, they’re all suddenly lying to me. They all lied about me and they have no reason to be lying about me because they just are.
“‘Believe me, I didn’t do it. I wasn’t there. I suddenly have amnesia on these parts. *** But trust me[,] I’m not a bad guy.’ * * * Why should I trust you if you lied to me? You’re telling me to go against logic.
“Now, if you just told me, ‘Yeah, I did it. This is why and this is who [I am],’ then maybe I could believe who you are. But right now you’re already lying to me, so why would I believe who you’re saying you are? It goes against what you’re showing me that you are.”

The trial court denied defendant’s motion to redact, concluding that the rule prohibiting one witness from commenting on the credibility of another witness did not apply to the challenged statements. 1 The court explained:

“The rest of the thing * * * falls into two categories: * * * number one, * * * this is not a rule where * * * one witness is testifying, giving his opinion as to another witness’s credibility.
“It’s [a] fair comment when the officer during [her] interrogation says, ‘Well, somebody else told me this and somebody else told me that.’ And so I don’t think that’s a violation of the rule and so [s]he’ll be allowed to do that.
“As far as the officer [’]s making statements that some witnesses said this and some witnesses said that, which is, of course, somewhat hearsay, but I think[,] * * * taken in *328 the context of the interrogation [,] the intent is to try to get the defendant’s response.
“And, therefore, I don’t think there’s any violation of any rules.”

Defendant appealed, assigning error to the trial court’s denial of his motion to redact.

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Cite This Page — Counsel Stack

Bluebook (online)
380 P.3d 932, 360 Or. 323, 2016 Ore. LEXIS 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chandler-or-2016.