State v. Girmay

652 A.2d 150, 139 N.H. 292, 1994 N.H. LEXIS 148
CourtSupreme Court of New Hampshire
DecidedDecember 30, 1994
DocketNo. 93-192
StatusPublished
Cited by3 cases

This text of 652 A.2d 150 (State v. Girmay) 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. Girmay, 652 A.2d 150, 139 N.H. 292, 1994 N.H. LEXIS 148 (N.H. 1994).

Opinion

BROCK, C.J.

The defendant, Haile Selassie Girmay, was indicted on two counts of first degree murder, RSA 630:1-a (1986). He asserted an insanity defense and, after a non-bifurcated jury trial, was convicted in the Superior Court {Smith, J.) on both counts and found sane. On appeal, the defendant contends that the trial court erred, under part I, article 15 of the State Constitution, by (1) denying him the right to present all proofs favorable to his case, and (2) admitting into evidence his statement to police. We affirm.

The defendant, an Ethiopian graduate student in geophysics at Uppsala University in Sweden, traveled to Hanover to visit his fiancee, Selamawit Tsehaye, and her female roommate, Trhas Berhe. Both women were Ethiopian graduate students at Dartmouth College. While the defendant was staying at the women’s apartment, his fiancee told him that she was ending their engagement. A few days later, during the early morning hours of June 17, 1991, the defendant entered the bedroom where the two women were sleeping and killed them with an axe. A neighbor heard screams coming from the apartment and summoned the police. After the police arrived and knocked on the apartment door, the defendant came to the door, shook the officer’s [294]*294hand and volunteered, “I killed them. I killed them with an axe.” He was taken to the Hanover police station, where the Miranda warnings were read to him. Later that day, the defendant gave a lengthy tape-recorded statement to the police.

The defense sought to call three expert witnesses at trial — two psychiatrists and James McCann, Ph.D., a professor of history and the director of the African studies center at Boston University. Dr. McCann intended to testify about the general cultural, political, and historical background of Ethiopia during the defendant’s life; the social and political dynamics of the Ethiopian civil war; and social customs regarding marriage, gender relationships, and attitudes towards insanity in Ethiopia. The State moved in limine to exclude Dr. McCann’s testimony on the ground that it was not relevant. The trial court initially granted the State’s motion in part, ruling that Dr. McCann would be allowed to testify only “to those features of Ethiopian culture upon which the psychiatric witnesses [might] rely in forming their opinions as to the defendant’s state of mind at the time of the alleged crimes.” The trial court later ruled that because the psychiatrists had not relied upon such features, Dr. McCann’s testimony was not relevant and he would not be allowed to testify.

The defendant contends that the exclusion of Dr. McCann’s testimony was an abuse of discretion under New Hampshire Rule of Evidence 702. We disagree. Rule 702 states: “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.”

The trial court excluded Dr. McCann’s testimony because it found that it was not relevant.

Evidence is relevant if it has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Evidence which is not relevant is inadmissible. The determination of whether evidence is relevant is within the sound discretion of the trial court, and we will not reverse its determination absent evidence of abuse of that discretion. To demonstrate such an abuse the defendant must show that the evidentiary ruling was clearly untenable or unreasonable to the prejudice of his case.

State v. Smith, 135 N.H. 524, 525, 607 A.2d 611, 612 (1992) (citations and quotations omitted). The defendant argues that the excluded testimony was relevant to educate the jury as to the social, cultural, [295]*295and political world in which he had lived virtually all his life. The defendant failed to show, however, the relevance of that world to the issue of his state of mind at the time of the murders. In his offer of proof, defense counsel stated that Dr. McCann “would not render any opinion regarding the mental state of [the defendant] at any point.” The defendant conceded that none of Dr. McCann’s testimony would relate to him specifically because Dr. McCann did not know him. Counsel further conceded that his defense was not based upon his culture: “[W]e are not raising a cultural defense here, because I am submitting to the court that it’s no more likely that someone in Ethiopia is going to commit the acts that [the defendant] allegedly committed than it is here.”

Dr. Yost, the defense psychiatrist who examined the defendant, testified that the information he received from Dr. McCann simply reinforced and supported the opinions he had already reached in his forensic evaluation of the defendant. Dr. Yost also testified that the information served to corroborate what the defendant had already told him, but that none of Dr. McCann’s information formed the basis for or changed Dr. Yost’s opinions concerning the defendant’s mental state. Absent a showing that Dr. McCann’s proposed testimony would have had a bearing on the issue of the defendant’s state of mind at the time of the murders, the defendant has failed to demonstrate that the evidentiary ruling was clearly untenable or unreasonable to the prejudice of his case. Accordingly, we find no abuse of discretion in the trial court’s finding that the testimony was not relevant.

The defendant next argues that Dr. McCann’s testimony would have corroborated details of what the defendant had told the police and psychiatrists concerning his background. Consequently, he argues that the testimony was necessary to aid the jury in evaluating his credibility concerning other matters. The defendant argues that because Dr. McCann’s testimony would have corroborated the defendant’s account of his own background, the testimony would have aided the jury in assessing the defendant’s credibility regarding his mental state at the time of the murders. We find his argument to be without merit. Dr. McCann’s testimony would simply have been cumulative. The record indicates that the jury had ample evidence from which to judge the defendant’s credibility concerning his background.

Such evidence was presented by Dr. Yost and Dr. Abebe. Dr. Abebe, an Ethiopian psychiatrist, had consulted with Dr. Kuten, the psychiatrist retained by the State. As related above, Dr. Yost had already testified that Dr. McCann’s information corroborated the defendant’s account of his own background. Further, Dr. Abebe gave detailed testimony concerning Ethiopian marriage customs, the [296]*296Ethiopian political situation since approximately 1977, Ethiopians’ attitudes toward mental illness, and how mental illness is manifested in Ethiopia.

In addition to arguing that the trial court abused its discretion under Rule 702, the defendant argues that the trial court denied him his right to present all proofs favorable under part I, article 15 of the State Constitution. In order for the defendant to establish a violation of this right, he “must show that the testimony he was precluded from introducing would have been material and favorable to his defense in ways not merely cumulative of other evidence.” State v. Adams, 133 N.H. 818, 826, 585 A.2d 853

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Bluebook (online)
652 A.2d 150, 139 N.H. 292, 1994 N.H. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-girmay-nh-1994.