State v. Gore

15 A.3d 844, 205 N.J. 363, 2011 N.J. LEXIS 344
CourtSupreme Court of New Jersey
DecidedMarch 22, 2011
StatusPublished
Cited by18 cases

This text of 15 A.3d 844 (State v. Gore) 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. Gore, 15 A.3d 844, 205 N.J. 363, 2011 N.J. LEXIS 344 (N.J. 2011).

Opinion

Justice LaVECCHIA

delivered the opinion of the Court.

A jury convicted defendant Michael Gore Jr. of the murder of eighty-five-year-old Victoria Colton and of related offenses. On appeal, the Appellate Division reversed based on an evidential [367]*367ruling by the trial court. The panel concluded that the trial court erred in allowing the jury to have a copy of defendant’s formal confession, which the State had transcribed as he was providing it, but which defendant neither signed nor acknowledged to be correct. Applying the plain error standard of review, see R. 2:10-2, the panel found that prior case law compelled the conclusion that the trial court’s admission of the document memorializing defendant’s unacknowledged, transcribed formal confession required a new trial.

We granted the State’s petition for certification, State v. Gore, 201 N.J. 440, 991 A.2d 229 (2010), and now reverse. There is no likelihood that the error raised on appeal produced an unjust result. Defendant raised no objection when the State read from the document during the trial, when both parties referred to it during summation, or when the court belatedly marked the document as “in evidence” after both sides had treated it as such and had allowed its publication to the jury during trial. Certainly the handling of this exhibit was not “according to Hoyle”; however, that error, in the context of this trial, did not constitute plain error that clearly was capable of producing an unjust result.

The evidence supporting defendant’s guilt was strong, even according to the reviewing appellate panel. We are satisfied that there has been no demonstration of a reasonable probability that a different result would have obtained had there been an objection and the document’s admission been denied. The jury already had heard the details surrounding the transcription of defendant’s statement from both the State and defendant, and had viewed the exhibit’s contents during testimony provided by the State. Moreover, both parties referenced the document’s contents during their summations. Therefore, the belated admission of the document did not change the parties’ behavior in presenting, or wrapping up, their respective cases and it is not probable that the jury somehow was unduly influenced by having had in hand a physical copy of the admitted document containing the information that it had heard so much about.

[368]*368The Appellate Division judgment is reversed and defendant’s conviction is reinstated; the matter is remanded for appellate consideration of defendant’s sentencing issues, which were not addressed in the previous disposition on appeal.

I.

We recite the facts underlying the charges against defendant based on the evidence presented at trial. For the most part, the factual account is derived from the testimony of Detective Rios, who interrogated defendant when he was arrested. The bulk of Rios’s testimony concerned the context and contents of defendant’s initial informal confession to Colton’s murder and the circumstances under which a formal transcribed statement was taken from defendant. The latter is the “formal” confession that defendant neither signed nor reviewed. In his testimony, Rios referred to a supplemental police report he prepared from notes of defendant’s informal confession, and he recited from a transcription of defendant’s formal confession.

On August 7, 2000,1 while en route to a friend’s house, defendant passed by the home of Victoria Colton. Colton was a close family friend whom he regarded as a grandmother. Seeing her dog in the yard, he stopped to play with it and then noticed that Colton’s back door was open. Defendant entered the house and found her purse unattended on a chair. As he removed some money from the purse, she emerged from an upstairs room, discovered the theft in progress, and threatened to call the police. Defendant went upstairs and attacked her, grabbing her by the neck and garroting her with a telephone cord from her bedroom. When Colton showed some continuing signs of life, he got a knife from the kitchen, returned to the bedroom, and cut her throat. That [369]*369evening and the following morning, Colton’s MAC card was used three times to withdraw cash from ATM machines. All three transactions were recorded on surveillance cameras. Colton’s body was found in her bedroom on August 8, 2000, by her friends, Lisa Pointon, defendant’s step-sister, and Christine Gore, his mother.

In investigating the homicide, the police obtained videotapes of the ATM transactions. Defendant’s father, step-sister, and stepmother viewed the videotapes, which showed the individual making the withdrawals from Colton’s bank account attempting to hide his face. The person wore a shirt bearing a distinctive logo. Defendant’s father identified the person on the ATM videotapes as his twenty-five-year-old son. Also, the same evening that defendant’s step-sister viewed the videotapes, she found at her parents’ house a shirt with a distinct logo that matched the shirt worn by the individual on the ATM videotapes. After discussing the discovery with her father, she telephoned the police, and officers came to retrieve the shirt.

At about 3:30 a.m. on August 10, 2000, while the police were actively looking for him in connection with the homicide, defendant turned himself in at the Trenton Police Department on an arrest warrant. The warrant was based on his having left a halfway house illegally on July 25, 2000. Two officers placed him under arrest and took him to a cell where he was left alone for several hours. Later in the day, defendant was administered Miranda2 warnings, signed a waiver card, and agreed to be interrogated by Detective Rios.

According to Rios, defendant initially made an informal statement in which he first denied having a MAC card. Then, after being confronted with the shirt retrieved from his parents’ home and told that he appeared on surveillance videos wearing that shirt as he withdrew money with the victim’s MAC card, defendant broke down weeping and confessed to killing Colton. He told Rios [370]*370that he took her MAC card, explained how he knew her PIN number, and said that he used the card to obtain money to purchase drugs and alcohol. During this portion of the interrogation, Rios took handwritten notes that later were converted to a supplemental police report.

Defendant further agreed to provide a formal confession, which Rios transcribed on a word processor, in a question-and-answer format. The detective would type each question into the word processor before posing it and, as defendant answered the question, Rios typed in the response, thereby creating a transcribed statement as it was being provided.3 After Rios had taken down three pages of a formal statement from defendant in that manner, a lawyer retained by defendant’s family arrived and Rios stopped the transcription process. The attorney and defendant conferred, and Rios was requested to cease speaking to defendant. As a result, the formal statement that Rios had been transcribing was neither reviewed nor signed by defendant.

A Mercer County grand jury returned a four-count indictment charging defendant with first-degree murder, N.J.S.A. 2C:ll-3; first-degree felony murder, N.J.S.A 2C:ll-3a(3); first-degree robbery, N.J.S.A. 2C:15-1; and third-degree possession of a weapon (knife) for an unlawful purpose, N.J.S.A. 2C:39-4(d).

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Bluebook (online)
15 A.3d 844, 205 N.J. 363, 2011 N.J. LEXIS 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gore-nj-2011.