State v. Randol

947 So. 2d 609, 2007 WL 57573
CourtDistrict Court of Appeal of Florida
DecidedJanuary 10, 2007
Docket3D06-2126
StatusPublished
Cited by6 cases

This text of 947 So. 2d 609 (State v. Randol) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Randol, 947 So. 2d 609, 2007 WL 57573 (Fla. Ct. App. 2007).

Opinion

947 So.2d 609 (2007)

The STATE of Florida, Petitioner,
v.
Gregory RANDOL, Respondent.

No. 3D06-2126.

District Court of Appeal of Florida, Third District.

January 10, 2007.

*610 Bill McCollum, Attorney General, and Angel L. Fleming, Assistant Attorney General, for petitioner.

Mark Seiden, Miami, for respondent.

Before FLETCHER, SHEPHERD and SUAREZ, JJ.

SHEPHERD, J.

By petition for writ of certiorari the State challenges a trial court order excluding from evidence three latent fingerprint reports prepared by Latent Examiner Gilbert Tamez, which physically link four individuals, including the respondent-defendant, Gregory Randol, to one of the alleged criminal venues in a multi-faceted RICO-conspiracy burglary and grand theft prosecution, on the ground that all the reports were furnished by the State after a court-ordered discovery deadline. While permitting Tamez to testify about the content of the reports as to all but defendant, the order nevertheless precludes Tamez from testifying to the content of the report that implicates defendant, effectively precluding the State from presenting any physical evidence of defendant's presence at the crime scene. Although the State's preparation and prosecution of this case has been generously described by the trial court below as one of "inadvertent gross[] negligence," we nevertheless conclude the trial court departed from the essential requirements of law when it barred the State from offering any of the latent fingerprint reports at the trial of this case and precluded Tamez from referencing or testifying to the content of the Randol report without taking the additional required step of considering whether the State's discovery violations resulted in prejudice to the defense. Accordingly, we grant the petition and quash the order under review.

FACTS

This case is one of seven cases charged by the State since late 1997 arising out of an alleged conspiracy between defendant and others to operate a burglary and grand theft ring during 1996 and 1997. Based upon the record before us, it appears the case as to defendant commenced in 1997 when police were called to investigate a warehouse burglary. Upon arrival at the warehouse, police discovered computer equipment from an earlier robbery that they associated with the conspiracy. The Crime Scene Report inventory done on the date of the warehouse burglary reports recovery of a firearms magazine, a soda can, a beer bottle, and several computer boxes, all with latent fingerprints. Latent comparison reports prepared by Tamez in 1998 identified the fingerprints on some of the recovered items to three known suspects. Although defendant's latent prints existed on the soda can, defendant was not then a known suspect, and therefore no evaluation of the prints lifted from the soda can was possible.[1] The items were impounded by police pursuant to protocol.

In 2002, defendant was identified as a suspect in the conspiracy based upon information provided to the State Attorney in that year by the Office of the United States Attorney. He then was arrested along with two co-defendants and charged with six counts of RICO conspiracy, violation of RICO, kidnapping with a weapon, armed burglary, and grand theft in the *611 first degree.[2] For the next four years, the case lumbered slowly toward trial, hampered by the death of the lead detective shortly after the information was filed and multiple prosecutorial personnel re-assignments.

Trial was first set for February 13, 2006. On January 17, 2006, less than a month before trial, the State provided the defense with an Amended Discovery Exhibit. This discovery exhibit, listing twenty-three additional witnesses, seven deposition transcripts, and two police reports, was filed nearly three and a half years after defendant had, in August 2002, elected to avail himself of the discovery process afforded him by Florida Rule of Criminal Procedure 3.220(a), which requires the State to disclose all pertinent discovery within fifteen days of the defendant's election to participate. See Fla. R.Crim. P. 3.220(b)(1).[3] It appears that the prosecutor, the third assigned to the case, had begun to become aware of the other six related cases in the Office of the State Attorney. Defendant filed a motion for State-charged continuance, or, in the alternative, to prohibit the use of the January 17, 2006 discovery materials and witnesses, and for a court ordered discovery deadline.

Understandably frustrated, the trial court, after conducting the required Richardson[4] hearing, cured the evident prejudice to defendant by vacating the order setting the case for trial and ordering the State "to provide the Defendant with any further discovery materials by March 23, 2006." See State v. Del Gaudio, 445 So.2d 605, 610 (Fla. 3d DCA 1984)("If the discovery material and information comes too late to permit the trial to proceed as scheduled, the prejudice is extinguished when the trial is continued."). Aware of the complexity of the case and cognizant of the multiple personnel changes in the Office of the State Attorney, the trial court found that while the State's failure to comply with the early discovery obligations imposed upon it by Rule 3.220 was substantial and prejudicial, the violation was "inadvertent" and "grossly negligent" but not "willful" or "intentional" within the parameters established by Richardson. Notably, the January 17, 2006 Amended Discovery Exhibit included, for the first time, Tamez as a potential witness.

On March 23, 2006, the State provided additional discovery, this time forty-one more witnesses, two depositions, two sworn statements, five photo line-ups, thirty-eight pages of police reports, fifteen property receipts, a vehicle rental agreement, prison records for two witnesses for the prosecution, photographs, and two surveillance videotapes. Defendant moved for yet another Richardson hearing, and sought to exclude the concededly substantial additional filing despite the fact that it technically met the discovery deadline. Defendant argued that "[s]imply because this Honorable Court set a deadline for discovery materials, as requested by the defense, does not preclude the fact that the newly provided discovery materials should have been provided to the defense in a timely fashion." Although the case *612 had not been re-set for trial, defendant argued that "[t]he prosecution has once again violated the provisions of Rule 3.220 of the Florida Rules of Civil Procedure by surprising defendant and impeding his ability to prepare for trial by providing a tremendous amount of untimely discovery." The Crime Scene Report inventory of the items on which latent fingerprints were found at the time of the 1997 warehouse burglary was divulged, for the first time, in this disclosure. The court set defendant's motion for hearing for April 18.

On April 17, the day before the scheduled hearing, the State provided defendant with yet another amended discovery exhibit, a latent fingerprint report authored by Tamez on April 11, 2006, stating that on April 6, 2006, he had performed a comparison evaluation of the fingerprints on the soda can impounded in 1997 and found them to be defendant's. The print comparison had been prompted by a post-March 23 defense deposition notice to Tamez in the instant case,[5] which caused Tamez for the first time to become aware of defendant's existence and his alleged participation in the burglary and grand theft ring.

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Cite This Page — Counsel Stack

Bluebook (online)
947 So. 2d 609, 2007 WL 57573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-randol-fladistctapp-2007.