State v. Hill

675 S.E.2d 764, 382 S.C. 360, 2009 S.C. App. LEXIS 65
CourtCourt of Appeals of South Carolina
DecidedFebruary 24, 2009
Docket4507
StatusPublished
Cited by6 cases

This text of 675 S.E.2d 764 (State v. Hill) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hill, 675 S.E.2d 764, 382 S.C. 360, 2009 S.C. App. LEXIS 65 (S.C. Ct. App. 2009).

Opinion

KONDUROS, J.:

Jomer Hill appeals his murder convictions arguing the trial court erred in admitting testimony of a police informant who was allowed to invoke the Fifth Amendment on cross-examination. Hill further contends the trial court erred in failing to give a jury instruction permitting the jury to draw an adverse inference from the informant’s refusal to answer questions and in denying his motion for mistrial based on the solicitor’s closing argument. We affirm.

*364 FACTS

Hill was convicted and sentenced to fifty years’ imprisonment for the murders of Ken Goldsmith and Trey Brown in December of 2000. The lengthy trial produced numerous witnesses who testified to a drug-selling operation in which Trey Brown and Hill sold drugs for a man named Mont Brown. The victims were discovered shot in a liquor house 1 frequented by all of the aforementioned parties.

Witnesses observed Hill and Mont Brown having a serious private discussion at the liquor house the day before the murders. Witnesses also testified Trey Brown had a confrontation with Mont Brown the night before the murder regarding the division of profits from drugs Trey had sold.

Antone Jones testified he sold drugs for Mont Brown and as a member of the organization you were responsible for any other members you brought into the business. Jones stated Mont Brown had instructed him to kill his own cousin when the cousin was arrested. Jones testified Hill had brought Trey Brown into the business.

The mother of Hill’s child, Chasaity Drummond, testified she was at Hill’s mother’s house picking up her child the morning after the murders. Hill went inside, changed his clothes, and asked Drummond to throw away a bag for him on her way out. Hill cautioned Drummond she should not throw the bag away at her home.

Maxie Wright, a former, long-time boyfriend of Hill’s mother, 2 testified Hill told him Mont Brown had threatened to kill Hill’s entire family if Hill did not kill the victims. Wright also testified Hill maintained his innocence.

The most damaging testimony against Hill was elicited from a police informant, Timothy Paden. Paden testified Hill had confessed to him while they were both in the Greenville County Detention Center. Paden further testified regarding a recording he later made of Paden allegedly confessing to the *365 crime. 3 On cross-examination, Paden refused to answer questions regarding a plea agreement he had made with federal authorities on an apparently unrelated drug charge. The federal authorities discovered Paden had provided false information to them regarding a murder in an effort to have his sentence reduced. Paden told the federal authorities Mont Brown murdered another drug dealer, Andre Rosemond, because Rosemond had kidnapped Mont Brown’s wife and child. Paden failed a polygraph examination and confessed to fabricating this story. When his dishonesty was discovered, the federal judge sentenced Paden to twenty years.

The trial court determined the specific details of the violated plea agreement were collateral to Hill’s case thus, Hill’s right to cross-examine Paden was not impermissibly limited by Paden’s invoking the Fifth Amendment on questions relating to the failed agreement and Mont Brown. Furthermore, the State agreed, with some prodding from the trial court, to stipulate Paden had previously provided false information to federal authorities in order to receive a reduced sentence.

Paden answered in the affirmative when asked if he had violated a plea agreement that required his cooperation and his honesty. Furthermore, upon cross-examination, Paden admitted to having criminal convictions of his own and to reporting crimes in exchange for the reward money available through the Crimestoppers program. At the conclusion of all testimony, Hill requested a jury instruction that jurors may infer a witness’s answer to a question would be adverse if that witness invoked the Fifth Amendment. The trial court refused the instruction.

In closing arguments, the State attempted to neutralize the defense’s emphasis on Mont Brown’s role in the case by pointing out that Hill was the only person on trial before this jury. The solicitor stated “the issue before you is not the culpability of Demetrius Lamont Brown [Mont Brown]. The only issue before you ladies and gentlemen, according to your oath, is whether this defendant, Jomer Hill, is guilty of the *366 murders of Trey Brown and Ken Goldsmith.” The solicitor later stated “[w]hy isn’t anybody else in here with him? Number one, he’s the only person that’s within your province to consider.” The defense then objected and the discussion relating to the objection was later placed on the record arguing the last statement by the solicitor commented on Hill’s failure to put up a defense and call witnesses. The court took the defense’s argument and motion for mistrial under advisement and later determined the comment was meant to focus the jury on the question of Hill’s innocence or guilt as opposed to Mont Brown’s culpability and did not, in context, unfairly comment on Hill’s right not to testify. This appeal followed.

LAW/ANALYSIS

I. Paden’s Testimony

Hill argues the trial court erred in admitting Paden’s testimony regarding the victims’ murders and permitting Pa-den to refuse to answer certain questions on cross-examination. We disagree.

The right of a defendant in a federal court to confront the witnesses against him, guaranteed by the Sixth Amendment, includes the right to test the truth of those witnesses’ testimony by cross-examination. U.S. v. Cardillo, 316 F.2d 606, 610 (2nd Cir.1963). This right is also guaranteed by our State constitution. See State v. Nest Egg Soc. Today, Inc., 290 S.C. 124, 130, 348 S.E.2d 381, 385 (Ct.App.1986).

The importance of cross-examination in our jurisprudence has been well stated by Professor Wigmore: “It is beyond any doubt the greatest legal engine ever invented for the discovery of truth. However difficult it may be for the layman, the scientist, or the foreign jurist to appreciate this, its wonderful power, there has probably never been a moment’s doubt upon this in the mind of a lawyer of experience.”

Cardillo, 316 F.2d at 610-11 (quoting 5 Wigmore, Evidence § 1367 (3d ed.1940)). Nevertheless, “[t]he trial court retains discretion to ‘impose reasonable limits on [the scope] of cross- *367 examination designed to show the prototypical form of bias on the part of a witness.’ ” State v. Graham, 314 S.C. 383, 385-86, 444 S.E.2d 525, 527 (1994) (citations omitted).

The seminal case on this issue is Cardillo,

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Cite This Page — Counsel Stack

Bluebook (online)
675 S.E.2d 764, 382 S.C. 360, 2009 S.C. App. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hill-scctapp-2009.