State v. Gaudreau

146 A.3d 848, 2016 WL 5109964
CourtSupreme Court of Rhode Island
DecidedJune 17, 2016
DocketNo. 2014-78-C.A.; (P1/09-2058A)
StatusPublished

This text of 146 A.3d 848 (State v. Gaudreau) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gaudreau, 146 A.3d 848, 2016 WL 5109964 (R.I. 2016).

Opinion

Discussion

A

Videotaped Interrogation

The defendant argues that the first trial justice abused his discretion when he denied his motion in limine to either suppress or redact the recorded police interrogation. He maintains that the videotaped interrogation had no probative value because it did not contain a confession and because the detectives' repeated accusations that defendant was lying were the equivalent of credibility testimony, which is absolutely prohibited from a witness. The defendant further argues that the prejudicial impact of the police officers' comments outweighed any minimal relevance that the tape might have had because they do not provide context, because defendant did not change his story during the course of the interview.

The state argues, as it did in the trial court, that defendant's statements were relevant as an "adamant" and "false" denial, which is evidence of guilt. The state further argues that the detectives' comments were typical interrogation techniques that the jury was familiar with, and that those statements were not equivalent to testimony from the detectives on the stand and were therefore not prejudicial to defendant.

i

Standard of Review

"It is well established that decisions concerning the admissibility of evidence *857are `within the sound discretion of the trial justice, and this Court will not interfere with the trial justice's decision unless a clear abuse of that discretion is apparent.'" State v. Gaspar, 982 A.2d 140, 147 (R.I.2009) (quoting State v. Mohapatra, 880 A.2d 802, 805 (R.I.2005)). "[This] abuse-of-discretion standard includes review to determine that the discretion was not guided by erroneous legal conclusions." Sweet v. Pace Membership Warehouse, Inc., 795 A.2d 524, 527 (R.I.2002) (quoting Votolato v. Merandi, 747 A.2d 455, 460 (R.I.2000)). "The trial justice will not have abused his or her discretion as long as some grounds supporting his or her decision appear in the record." State v. Reyes, 984 A.2d 606, 615 (R.I.2009) (quoting State v. Evans, 742 A.2d 715, 719 (R.I.1999)).

ii

Analysis

The parties battled over the admissibility of the videotape over two days, and it is significant that defendant repeatedly argued that he was not challenging his own comments on the tape being shown to the jury, but was instead arguing that the detectives' comments were irrelevant and highly prejudicial. However, the first trial justice denied defendant's motion with the following explanation:

"My basis for allowing the video to be played in the [s]tate's case is that the [c]ourt finds that the video statement is relevant and probative. Having viewed it several times now, the [c]ourt finds that the video contains what can be viewed depending on again the jury's assessment of the evidence but certainly there are statements in this video that can be viewed as false statements made by this defendant in the hopes of extracting himself from suspicious circumstances.
"That type of situation was addressed in State v. Diaz[, 654 A.2d 1195 (R.I. 1995)] and specifically on [p]age 1204, the Court discussed a similar situation involving false statements by a defendant.
"In that case our Supreme Court found that such false statements alone are insufficient, insufficient proof to sustain the conviction. However, they do provide circumstantial evidence of a consciousness of guilt and have independent probative force or value."

The trial justice, having found defendant's statements relevant, made no findings in response to defendant's argument that the detectives' comments were irrelevant, nor did he address defendant's motion on the basis of Rule 403.

During the second trial, the parties agreed that the evidentiary rulings on defendant's motions in limine during the first trial were the law of the case and, as a result, the second trial justice made no independent findings on the videotape's admissibility.

The issue that this Court must grapple with is novel. Although we have not yet adopted a rule requiring that all police interrogations be audio or video recorded, several organizations within the state have either adopted such rules or have recommended that police departments adopt them.6 Now, as more interrogations are *858being recorded, this Court is faced with new issues that are associated with those recordings.

Often, defendants move to suppress confessions that have not been recorded because "[b]oth the Rhode Island and the Federal Constitutions bar the use in a criminal trial of a defendant's involuntary statements." State v. Humphrey, 715 A.2d 1265, 1274 (R.I.1998) (quoting State v. Griffith, 612 A.2d 21, 25 (R.I.1992)). It is a frequent argument that a videotape is the best evidence of whether a defendant's inculpatory statements have met that test.

However, when a defendant does not challenge the admission of his own statements as being involuntary, but, as is the case here, seeks to suppress the statements of the police, trial courts must engage in a very different type of analysis. In these situations, it is our opinion that the evidence should be viewed like any other evidence; other grounds may exist for the introduction of such evidence, in its entirety or in a redacted form, pursuant to the Rhode Island Rules of Evidence. See Rule 402 of the Rhode Island Rules of Evidence ("All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the constitution of Rhode Island, by act of congress, by the general laws of Rhode Island, by these rules, or by other rules applicable in the courts of this state. Evidence which is not relevant is not admissible.").

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146 A.3d 848, 2016 WL 5109964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gaudreau-ri-2016.