State v. Martin

281 P.3d 315, 169 Wash. App. 620
Court of Appeals of Washington·Decided July 23, 2012·No. No. 68332-2-I·Published·Cited by 9 cases

Opinion

Grosse, J.

¶1 Under ER 702, opinion testimony by an expert witness must be based on a theory generally accepted in the scientific community. Here, the trial court conducted a Frye1 hearing and determined that the betrayal trauma theory espoused by the defendant’s expert was not generally accepted in the scientific community and, [623] further, that even if the theory met the Frye standard for delayed reporting of childhood sexual abuse, it was not established as a theory relevant to adult domestic violence and thus not particularly helpful to the issue of intent in a domestic violence case. The trial court is affirmed.

FACTS

¶2 In the early morning hours of September 8, 2007, Sheryl Martin called 911 and stated that she had shot her husband, Eddie Martin.2 The shooting occurred shortly after Eddie had told her that he had been having an affair. Sheryl and Eddie had been drinking and smoking marijuana that night in the shop on their property. At approximately 9:00 p.m., Sheryl returned to the main house. Eddie grabbed another beer and went to his pickup truck to retrieve his cell phone to text his girl friend. Sheryl observed Eddie and came back, demanding to see his phone. A verbal altercation ensued, during which Eddie told her he was having an affair. Sometime during the altercation, divorce was mentioned, but Eddie testified that they were always fighting and sometimes divorce became an issue. During this altercation, Sheryl grabbed a fillet knife and the shotgun that was in the shop. Eddie pried the weapons from her hands, and Sheryl left the shop. Eddie grabbed another beer and went into the camper to sleep. Sheryl returned to the camper to retrieve a set of keys to the camper. Eddie went to sleep and woke up as he was shot twice in the legs. Eddie saw Sheryl with the 16 gauge shotgun. Eddie recalled Sheryl saying something like, “If I can’t have you, nobody can.” Sheryl then left the camper. In less than five minutes, Sheryl returned and shot Eddie two more times, hitting both arms.

¶3 The State charged Sheryl with attempted murder in the first degree and, in the alternative, assault in the first degree.

[624] ¶4 Sheryl notified the State that she intended to rely on a diminished capacity defense based on the findings of psychologist Dr. Laura Brown that she was in a dissociative state at the time of the shooting. Dr. Brown also diagnosed a depressive disorder and histrionic personality disorder. Dr. Jennifer Freyd opined that Sheryl was suffering from betrayal trauma, which led to her dissociative state.

¶5 The State requested a Frye hearing to determine whether betrayal trauma theory (BTT) is generally accepted in the psychological community. At the hearing Dr. Brown testified that the depressive disorder and histrionic personality disorder led to symptoms of dissociation at the time of the incident. Dr. Brown also testified that BTT helped to explain the reasons for the dissociative state. Dr. Freyd had developed BTT and testified extensively about the negative impacts of betrayal trauma, including dissociation and depression. She theorized that Sheryl’s dissociation enabled her to stay in an abusive relationship for several years.

¶6 The State presented two experts, psychologists Dr. Marilyn Ronnei and Dr. Richard Packard. Dr. Ronnei, who evaluated Sheryl at the State’s request, diagnosed post-traumatic stress disorder, major depressive disorder, and alcohol and cannabis abuse. Dr. Ronnei agreed that Sheryl was dissociating at times but did not believe that the dissociation impaired Sheryl’s ability to form the requisite intent. Dr. Packard conducted a forensic evaluation of Sheryl. Dr. Packard researched BTT and testified that Dr. Freyd and her associates were the only ones who had developed significant data supporting it and many of their colleagues questioned the reliability of the theory.

¶7 The trial court reviewed a number of articles discussing the theory, including more than a dozen submitted by Sheryl. Although the court found references to research on the subject of domestic violence in the context of betrayal trauma, it found that the theory was not widely studied in this context. The trial court found that BTT remained very [625] controversial and that even if it met the Frye standard for delayed reporting of childhood sexual abuse, its relevance to adult domestic violence had not been established.

¶8 The trial court ruled inadmissible four declarations by psychologists that BTT was widely accepted in the scientific community. The court found that BTT was inadmissible under ER 702, ER 401, or ER 402.

¶9 The court ruled that Dr. Brown could testify regarding the diagnoses of depressive disorder and histrionic personality disorder and their effect on dissociation. The trial court found that the disorders and symptoms of dissociation presented in this case were similar to disorders that have been recognized in Washington as mental conditions supporting the theory of diminished capacity.

¶10 A jury convicted Sheryl of attempted first degree murder. She appeals.

ANALYSIS

¶11 Sheryl contends the trial court erred in excluding expert testimony on betrayal trauma theory, as well as evidence of her husband’s prior past acts, and in finding that there was sufficient evidence to establish probable cause for a search warrant.

Betrayal Trauma Theory (BTT)

¶12 Sheryl first contends that BTT is admissible under ER 702, relying on Carlton v. Vancouver Care, LLC.3 But that case is inapposite as it specifically limited its holding to civil cases.4 More similar to the case at bar is State v. Black 5 There, a rape counselor’s testimony that the alleged victim suffered from “rape trauma syndrome” was held inadmissible, not only because the evidence did not pass the [626] Frye test but also because such testimony would “ ‘invade the jury’s province of fact-finding and add confusion rather than clarity.’ ”6

¶13 To determine the admissibility of expert testimony based upon novel scientific theories or methods, courts have long used the “general acceptance” standard as set forth in Frye.7 In State v. Gregory, our Supreme Court noted that “[b]oth the scientific theory underlying the evidence and the technique or methodology used to implement it must be generally accepted in the scientific community for evidence to be admissible under Frye.”8, “ ‘If there is a significant dispute among qualified scientists in the relevant scientific community, then the evidence may not be admitted.’ ”9

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State v. Martin, 281 P.3d 315, 169 Wash. App. 620 (Wash. Ct. App. 2012).

281 P.3d 315 (State v. Martin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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