State v. Soto

477 A.2d 945, 1984 R.I. LEXIS 519
CourtSupreme Court of Rhode Island
DecidedMay 31, 1984
Docket82-351-C.A.
StatusPublished
Cited by13 cases

This text of 477 A.2d 945 (State v. Soto) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Soto, 477 A.2d 945, 1984 R.I. LEXIS 519 (R.I. 1984).

Opinion

OPINION

SHEA, Justice.

Franklin Soto was convicted of second-degree murder in the death of Ricardo Gonzalez after a trial by jury in the Superior Court. On appeal, he challenges rulings by the trial justice on the scope of cross-examination and the denial of his motion for a new trial. We reverse and remand for a new trial.

On the night of October 3, 1980, defendant was with Guadalupe Sostre, Juan Rivera, and James Acevedo in the Prospect Heights section of the city of Pawtucket. *947 When they met Gonzalez standing in the street next to a car, defendant approached him to ask about getting a ride home. They got into an argument. Gonzalez grabbed defendant by the throat and started choking him. The defendant swung his arms and fists at Gonzalez. Sostre tried to separate the two men. Gonzalez jumped back and produced a knife that he was known to carry. Acevedo, who was standing nearby, handed defendant a knife. Gonzalez and defendant continued to fight with the knives for a few minutes. Both men received knife wounds.

Sostre told the police the morning after the incident that defendant had been trying to get away from Gonzalez by hitting Gonzalez with his hands. He said that defendant stabbed Gonzalez in self-defense while the two were engaged in a knife fight. He added to this statement later that afternoon.

Three days after the incident, however, Sostre gave the police a second statement refuting his earlier assertion that defendant had acted in self-defense. Sostre claimed in this second statement that defendant stabbed Gonzalez after Gonzalez had abandoned the fight by attempting to run away. He further claimed that defendant stabbed Gonzalez in the chest while Rivera held Gonzalez by the back of his jacket. In the second statement, Sostre asserted that it was at this point that Gonzalez was attempting to flee.

At trial, the state called Sostre as its first witness. His testimony on direct-examination was consistent with his second statement to the police. During cross-examination, defendant attempted to ask Sos-tre whether he had been threatened by Gonzalez’s brothers after giving his initial statement to the police. The court sustained the state’s objection to the question.

Later during cross-examination, defendant attempted to ask Sostre about Gonzalez’s reputation for violence in the community. The trial justice sustained the state’s objection to this question.

The jury returned a verdict of guilty of murder in the second degree. The defendant was sentenced to thirty-five years in prison. While defendant’s appeal of his conviction was pending in this court, Sostre executed an affidavit in which he asserted that the testimony he had given at trial was false. 1 At the hearing on the new-trial motion based on this affidavit, Sostre testified that he had lied at trial when he said that defendant had stabbed Gonzalez after Gonzalez had abandoned the fight. He testified that defendant had acted in self-defense and that Gonzalez had never attempted to flee or abandon the fight. The trial justice denied the motion for a new trial, and defendant has appealed.

I

The defendant asserts that the trial justice erred in prohibiting counsel from asking Sostre on cross-examination whether he had been threatened by members of Gonzalez’s family. During a bench conference following the state’s objection to this question, defense counsel pointed out that Sos-tre had given two inconsistent statements to the police. Counsel for defendant told the trial justice that he sought to inquire on cross-examination about Sostre’s motives for changing his story. The trial justice sustained the state’s objection and excluded the question about the alleged threats.

The fundamental right to cross-examination is guaranteed by both the Sixth Amendment to the Constitution of the United States and art. I, see. 10, of the Rhode Island Constitution. State v. Freeman, 473 A.2d 1149 (R.I., 1984). One purpose of cross-examination, among others, is *948 to allow facts to be brought out that tend to discredit the witness by showing that his or her testimony in chief was untrue or biased. Alford v. United States, 282 U.S. 687, 691, 51 S.Ct. 218, 219, 75 L.Ed. 624, 627 (1931). It is axiomatic that the partiality, biases, and prejudices of a witness are subject to exploration at trial and are “ ‘always relevant as discrediting the witness and affecting the weight of his testimony.’ ” State v. DeBarros, R.I., 441 A.2d 549, 552 (1982) (quoting Davis v. Alaska, 415 U.S. 308, 316, 94 S.Ct. 1105, 1110, 39 L.Ed.2d 347, 354 (1974)). Effective cross-examination in a criminal case is the principal means by which the credibility and truthfulness of the state’s witnesses can be tested. State v. Anthony, R.I., 422 A.2d 921, 924 (1980). This right to effective cross-examination, in relevant areas, “may not be given or withheld at the discretion of the trial justice.” State v. DeBarros, R.I., 441 A.2d at 552.

The purpose of defendant’s question concerning threats that Sostre may have received from Gonzalez’s family members was to place before the jury the issue of the witness’s possible biases and motives. Sostre testified that he had changed his statement to the police because he wanted to give the police a “true statement.” The defendant, however, was not permitted to inquire about this explanation with cross-examination that might demonstrate that Sostre may have had other reasons to change his story.

In sustaining the state’s objection to the cross-examination of Sostre, the trial justice stated, “If you intend to produce evidence to corroborate that [the threats] I’ll permit you to go forward.” The trial justice, however, “may not properly require offers of proof with respect to inquiries made during cross-examination except in unusual and peculiar circumstances.” State v. DeBarros, R.I., 441 A.2d at 551. It would appear, therefore, that it was error to limit defendant’s cross-examination.

This error was rectified, however, because later, but not before the end of cross-examination, defendant was permitted to explore the issue with Sostre fully. The following colloquy occurred sometime after the trial justice’s initial ruling on defendant’s question:

“Q. Now I’ll ask you one more time. Between October 4 and October 7 did Ricky’s [Gonzalez] brothers come after you?
“THE STATE: Objection, your Honor. “THE COURT: Overruled. You may answer.
“A. No.
“Q. They did not? They did not, is that what you’re telling us?
“A. Yes, sir.
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“Q.

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Bluebook (online)
477 A.2d 945, 1984 R.I. LEXIS 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-soto-ri-1984.