State v. Rodriguez

64 A.3d 962, 164 N.H. 800
CourtSupreme Court of New Hampshire
DecidedApril 30, 2013
DocketNo. 2012-038
StatusPublished
Cited by3 cases

This text of 64 A.3d 962 (State v. Rodriguez) 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. Rodriguez, 64 A.3d 962, 164 N.H. 800 (N.H. 2013).

Opinion

Lynn, J.

Consistent with the law of most jurisdictions, New Hampshire Rule of Evidence 801(d)(2)(E) permits the introduction of co-conspirators’ statements when made during the course of and in furtherance of a conspiracy. However, post-arrest statements of co-conspirators are not admissible under this rule.1 In this case, a substantial number of post-arrest co-conspirator statements were improperly admitted during the trial of the defendant, Hector Rodriguez, before the Superior Court (Colburn, J.) on charges of burglary, conspiracy to commit burglary, first degree assault, accomplice to first degree assault, and conspiracy to commit first degree assault. See RSA 626:8 (2007) (accomplice liability); RSA 629:3 (2007) (conspiracy); RSA 631:1 (2007) (first degree assault); RSA 635:1 (2007) (burglary). Following his conviction on all charges, the trial court acknowledged its error and attempted to remedy it by vacating the burglary conviction and one of the first degree assault convictions (the one [802]*802based on the theory that the defendant acted as a principal in the commission of the assault), while allowing the remaining three convictions to stand. Because we conclude that the improperly admitted evidence constitutes harmless error with respect only to the defendant’s conviction for conspiracy to commit burglary, we affirm that conviction, but reverse his convictions on the accomplice and conspiracy first degree assault charges and remand for a new trial on those charges.

I

The following facts were adduced at trial. In the interests of clarity and to underscore the integral role that the improperly admitted statements played in the State’s case, we recite those statements in italics, while detailing the properly admitted evidence in standard font. In 2010, the defendant and Jesus “Stretch” Cortes were incarcerated together at the Youth Detention Center (YDC) in Manchester. A YDC employee testified that Cortes and the defendant “did not get along very well” and that an incident occurred when Cortes assaulted the defendant and gave him a black eye. The employee heard the defendant say that he and Cortes “were going to have some type of retaliation” and that “some people that he was friends with, possibly his brother, was going to help him.” The YDC employee characterized the defendant’s statements as “just talking” and “embellish[ing].” Nashua Police Detective Daniel Mederos, who interviewed the defendant, testified that the defendant told him that “he’s had past issues with Jesus Stretch Corte[s].”

On January 2, 2011, the defendant was at his home in Nashua with his brother, Anthony Serrano, as well as Junior Vincente and Adam “Bori” Santiago. That same evening Nicholas Voight and Nicole Iannelli were at Iannelli’s house. Iannelli testified that Voight called the defendant and then asked Iannelli to drive him to the defendant’s house. She agreed and they left at around 7 p.m.

According to Iannelli, at the defendant’s house, she and Voight encountered the defendant, Serrano, Vincente, and Santiago, none of whom Iannelli had met before. The men were standing outside, wearing oversized sweatshirts and baggy pants. They were speaking Spanish, which Iannelli could not understand, and she heard the name “Stretch” mentioned in passing. Iannelli generally described the men as “talking, and making weird gestures, like moving, getting kind of hyperactive and moving around, and like lifting their shirts ... [and] going about themselves.” She did not see any weapons. Iannelli heard the defendant and Voight engage in small talk in English. The defendant appeared to her to be “the leader,” “the big man on campus . . . leading everybody.”

[803]*803Detective Alex Gorman interviewed Voight. He testified that Voight told him that he knew where Cortes lived and told the defendant. Voight told Gorman that he “had a double beef with Stretch” for a prior assault and for “shorting his bags of marijuana.” Detective Mederos interviewed Vincente. He testified that, according to Vincente, “the plan was to go to [Cortes’] house because [Voight] knew him from buying weed” and “gave the information about where Stretch lived.” Mederos also testified that the defendant admitted to him that “he was with a group,” that “they planned to go and assault Stretch,” and that “they basically came up and intended to go over to Jesus Corte[s’] residence to assault him.”

Detective Gorman testified that Santiago told him that the plan was to beat up Cortes and not to “stab him or kill him.” Nevertheless, Santiago told Gorman that he brought a knife, a “mini-Samurai sword, eight inches total in length, with probably a .. . four-inch blade,” and showed it to everyone. On cross-examination, Gorman clarified Santiago’s account of showing the knife to the others'.

[H]e does say that he shows it. Obviously the transcript doesn’t show the motions that he was making. When he says, “I got it right here,” he was, in the interview, lifting up his shirt and pointing to his waistband saying that he didn’t take and when I said, “Did you take it out, you know, and [wave] it around,” he said, “No, I had it right here.”

Iannelli testified that at the defendant’s house, the defendant asked her if she had her driver’s license, whether she was driving her own car, and how long she had been driving. He then asked her to drive him “somewhere,” but he did not say where. According to Iannelli, the defendant’s tone was such that she did not feel she had the choice of refusing him. The defendant got into Iannelli’s car, while Serrano, Vincente, Santiago, and Voight got into a silver Lincoln that belonged to the defendant’s mother. Iannelli said that she did not have any weapons in her car and did not look inside the Lincoln to see if it contained weapons. The defendant instructed Iannelli to follow the Lincoln but did not tell her where they were going.

Detective Gorman testified that, according to Voight, once he was in the car with Serrano, Santiago, and Vincente, he explained “where specifically in the building that Voight was bringing them to . .. [that] Stretch lived.” “He said that you go in the main door, go up the stairs, take a left and it’s the first door on your right. And he also gave them an apartment number... 206.” Voight told Gorman that he did not see any weapons and “knew that they were going to beat up Stretch and possibly take his .. . drugs.” Santiago told Gorman that Serrano brought “a miniature baseball [804]*804 bat, almost like a souvenir baseball bat” made of wood. Gorman, who also interviewed Serrano, testified that Serrano confirmed the men brought weapons with them in the Lincoln.

Iannelli testified that she followed the Lincoln to the parking lot of an apartment building on Ledge Street in Nashua. Voight pulled into the parking lot and parked facing away from the building; Iannelli parked next to him, facing the building. The defendant got out of Iannelli’s car and Santiago, Serrano, and Vincente got out of the Lincoln. The defendant instructed Iannelli to stay in the car, and she and Voight remained in their respective cars while the defendant, Santiago, Serrano, and Vincente went into the building. Iannelli did not see them wearing masks or carrying weapons. She observed that the men were talking, but did not hear what they were saying because the windows of her car were rolled up.

Detective Mederos testified that the defendant described to him what happened next.

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Cite This Page — Counsel Stack

Bluebook (online)
64 A.3d 962, 164 N.H. 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rodriguez-nh-2013.