State v. DiNapoli

823 A.2d 744, 149 N.H. 514, 2003 N.H. LEXIS 69
CourtSupreme Court of New Hampshire
DecidedMay 16, 2003
DocketNo. 2002-416
StatusPublished
Cited by9 cases

This text of 823 A.2d 744 (State v. DiNapoli) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. DiNapoli, 823 A.2d 744, 149 N.H. 514, 2003 N.H. LEXIS 69 (N.H. 2003).

Opinion

Brock, C.J.

The defendant, Antonio DiNapoli, was convicted by a jury of witness tampering. See RSA 641:5 (1996). On appeal he argues that: (1) the Superior Court (Barry, J.) should have granted his motion for directed verdict because there was insufficient evidence to prove that the testimony he sought was objectively false; (2) there was insufficient evidence to prove intent; (3) the trial court erroneously admitted certain testimony; (4) the trial court erroneously failed to give a curative instruction following the prosecutor’s closing; and (5) the trial court erroneously failed to give the defendant’s requested jury instructions. We affirm.

At trial, the State presented evidence of the following facts. In July 2001, the defendant was defending a lawsuit brought by a law firm to collect its fees. The law firm intended to call a former employee of the defendant, Tim Ferris, as a witness. On the evening of the first day of trial, the defendant and Ferris met for dinner at a restaurant in Massachusetts. During the meal, the defendant stated that the law firm was unqualified, and had overcharged and mischarged for its services. He recalled his understanding of the negotiations by which he retained the firm, stating that Ferris was directly involved in negotiating the terms of the firm’s engagement. The defendant asked Ferris if he would testify on his behalf regarding the defendant’s understanding of events. Ferris was “taken aback,” and he demurred, stating that he was busy and had not had enough notice. The defendant offered to pay Ferris $2,000 to $3,000 in cash to compensate him for his time. The defendant also offered Red Sox tickets and future employment. Ferris agreed to call the defendant the next day to discuss whether he would testify.

The next morning, Ferris called the law firm’s attorneys to inform them of his meeting with the defendant. The attorneys requested a chambers conference with the trial judge, and the judge declared a mistrial. The defendant was subsequently indicted for one count of witness tampering.

[516]*516During the criminal trial, Ferris testified that if he had testified as to the defendant’s version of events, he would not have been testifying truthfully. He stated that the defendant’s characterization that the law firm was unqualified and had overcharged for its services was false. He also testified that he was not involved with the decision to hire the firm or with negotiations regarding their fee arrangements. When asked whether the defendant would have known that the defendant’s version of events was not true, Ferris responded, “Probably.” The jury convicted the defendant of witness tampering, and this appeal followed.

7. Sufficiency of the Evidence

The defendant argues that the trial court should have granted his motion for directed verdict because the evidence was insufficient to prove that the proposed testimony was objectively false, and there was insufficient evidence to prove intent. We will assume without deciding that the State had to prove that the testimony the defendant sought to induce was, in fact, false, and consider whether the State presented sufficient evidence to support a finding that the testimony the defendant attempted to induce was false and that he knew it was false.

“To succeed on his motion for a directed verdict, the defendant had to establish that the evidence viewed in its entirety, giving the State the benefit of all reasonable inferences, was insufficient to prove beyond a reasonable doubt that he was guilty of the crime charged.” State v. Wong, 138 N.H. 56, 64 (1993) (quotation omitted). “When reviewing the trial court’s denial of the directed verdict, we must view the evidence and all reasonable inferences arising therefrom in the manner most favorable to the State.” Id. (quotation omitted). The question is whether, based upon all the evidence and the reasonable inferences therefrom viewed most favorably to the State, any rational trier of fact could have found beyond a reasonable doubt that the defendant acted with the purpose of committing the charged offense. State v. Laudarowicz, 142 N.H. 1, 4 (1997). “Because persons rarely explain to others the inner workings of their minds or mental processes, a culpable mental state must, in most cases, as here, be proven by circumstantial evidence.” Id. at 4 (quotation and brackets omitted). Such evidence must exclude all rational conclusions except guilt. Id. at 5. “[T]he jury is entitled to infer the requisite intent from the defendant’s conduct in light of all the circumstances in the case.” State v. Fuller, 147 N.H. 210, 214 (2001).

Considering the evidence and the inferences to be drawn therefrom most favorably to the State, a rational jury could conclude that the testimony the defendant sought to induce was in fact false, and that the defendant acted purposely to induce Ferris to testify to something which [517]*517the defendant believed was false. Ferris testified that the scenario the defendant presented to him at dinner was false. Based upon this testimony, a rational jury could conclude that the testimony the defendant sought to induce was in fact false. See State v. Hodgdon, 143 N.H. 399, 404 (1999) (jury is free to accept or reject witness’s testimony); State v. Meaney, 129 N.H. 448, 451 (1987) (jury’s role to determine weight and credence to be given evidence at trial).

A rational jury also could have concluded that the defendant knew that the testimony he sought was false. In addition to Ferris’ testimony that the defendant’s description of events was false, Ferris also testified that a “good portion” of the negotiations were conducted in Italian, and, while the defendant is fluent in Italian, Ferris is not. Based on this testimony, the jury could have inferred that the defendant knew that Ferris had not negotiated the contract with the law firm.

Furthermore, “[c]onduct illuminates intent.” Meaney, 129 N.H. at 451 (quotation omitted). A rational jury could have inferred that the offer of a relatively large cash payment was evidence that the defendant was intentionally requesting that Ferris testify falsely. Although the defendant asserts that the offer of payment was simply an inducement to testify, not a payment to testify falsely, it was the jury’s function to determine the weight and credence to be given the evidence at trial. Id. “The jury was free to reject the inferences urged by the defendant.” Id. The jury could reasonably have concluded that the defendant’s intent, when he had dinner with Ferris and offered him future employment, Red Sox tickets and $2,000 to $3,000 in cash to testify to the defendant’s version of events, was to induce Ferris to testify to something that the defendant believed was false.

Viewing the evidence and all reasonable inferences from it in the light most favorable to the State, we conclude that a rational trier of fact could have found beyond a reasonable doubt that the defendant was guilty of witness tampering. Therefore, there was sufficient evidence to convict the defendant, and the trial court did not err in denying the defendant’s motion for a directed verdict.

II. Evidentiary Issues

The defendant argues that the trial court erred in permitting testimony concerning Ferris’ mental state and testimony regarding the practice of compensating lay witnesses.

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Bluebook (online)
823 A.2d 744, 149 N.H. 514, 2003 N.H. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dinapoli-nh-2003.