State v. St. Jean

469 A.2d 736, 1983 R.I. LEXIS 1128
CourtSupreme Court of Rhode Island
DecidedDecember 20, 1983
Docket82-525-C.A.
StatusPublished
Cited by15 cases

This text of 469 A.2d 736 (State v. St. Jean) 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. St. Jean, 469 A.2d 736, 1983 R.I. LEXIS 1128 (R.I. 1983).

Opinions

[737]*737OPINION

MURRAY, Justice.

The defendant, Kathy St. Jean (St. Jean), is before us on an appeal following the return of a guilty verdict against her by a Superior Court jury on the charge that she robbed her seventy-seven year old landlady, Mrs. Letitia Ainsworth (Mrs. Ainsworth), in violation of G.L.1956 (1981 Reenactment) § 11-39-1. The trial judge imposed a ten-year sentence, of which five years were suspended, and granted five years of probation to commence upon her release from prison.

On appeal, St. Jean raises two issues. First, she contends the trial justice erred by admitting the hearsay testimony of a Providence police officer. Second, defendant contends that even if the challenged statements are admissible under the excited utterance exception to the hearsay rule, their admission violated her constitutional right of confrontation. After a review of the facts, for the reasons stated below we affirm the trial court’s decision that the statements were properly admitted.

On February 9, 1981, at approximately 4:30 p.m., Officer Vincent Mansolillo (Man-solillo) of the Providence police department responded to a call reporting a robbery at 23 Earl Street, Providence. Mr. Ryan, one of the four tenants in the building, had called in the report. Ryan was also concerned that he had not seen his landlady, Mrs. Ainsworth, during the day. He conveyed this concern to Mansolillo. Mansolil-lo knocked on Mrs. Ainsworth’s door; he heard a “rustling” noise inside, but there was no answer. Mansolillo, fearing that the woman might be in danger, attempted to force open her apartment door. He was able to open the door as far as a security chain lock would permit. Mansolillo testified that inside he saw an elderly woman sitting on a couch. He identified himself as a police officer. The woman (Mrs. Ains-worth) then unlatched the chain and admitted Officer Mansolillo.

Mansolillo, over defendant’s objection, then testified to the statements Mrs. Ains-worth had made to him. He testified that Mrs. Ainsworth had grabbed his arms and screamed out, “Kathy upstairs robbed me. They tied me up. She took my ring.” He described Mrs. Ainsworth as “frightened” and “hysterical.” The officer had noticed bruises on Mrs. Ainsworth’s arms and wrists. He went on to describe the apartment as “being in total disarray.” Manso-lillo, again over timely objection, then testified about his ensuing conversation with Mrs. Ainsworth in her apartment.

The officer began to question Mrs. Ains-worth about what had happened. He described her state of mind during this questioning as very unsettled. Mansolillo was then permitted to give the following recitation of the content of the conversation. At about 1:30 p.m., earlier that day, defendant and a male companion entered Mrs. Ains-worth’s apartment through an unlocked door. St. Jean then began a search of the bedroom. When Mrs. Ainsworth attempted to stop the search, the male companion grabbed her. This companion then pulled the telephone wires from the wall. The defendant and the male companion then tied Mrs. Ainsworth to a chair with the phone wire. The defendant demanded money. When Mrs. Ainsworth stated that she had none, the companion held her arms while defendant removed a gold ring from her right hand. They took twenty dollars from the apartment and told the victim not to answer the door. Mansolillo further testified that Mrs. Ainsworth told him that she had been able to free herself but had been too afraid to leave the apartment or to call the police.

Mrs. Ainsworth died prior to the trial. Her death was unrelated to the robbery. As far as the record discloses, she did not make a sworn statement before passing away.

The above testimony was offered into evidence as proof that defendant had in fact committed the robbery. Thus, “an out-of-court statement [was] offered by the [738]*738state to prove the truth of the matter asserted.” In re Daniel, R.I., 456 A.2d 258, 260 (1983). Mansolillo’s testimony contained hearsay statements and is “therefore inadmissible unless it qualified under an exception-to-the-hearsay rule.” Id.; State v. Poulin, R.I., 415 A.2d 1307, 1309 (1980). The state argues that this testimony is admissible under the “spontaneous utterance” exception. We have long-recognized this exception to the bar against the use of hearsay evidence. See State v. Nordstrom, 104 R.I. 471, 475, 244 A.2d 837, 840 (1968).

“The exception is premised on the assumption that the excitement of certain startling events stills the reflective facilities and removes their normal controls. A spontaneous utterance occurring at the time of the so-called startling event is thought to be a sincere, truthful response to the actual sensations and perceptions produced by the preceding external shock. 6 Wigmore, Evidence, § 1747 at 195 (Chadbourne rev. ed. 1976).” In re Daniel, R.I., 456 A.2d at 260 (quoting In re Kim, R.I., 445 A.2d 295, 296 (1982) quoting State v. Jalette, 119 R.I. 614, 619, 382 A.2d 526, 529 (1978)).

On appeal, defendant does not challenge the trial court’s implicit finding that Mrs. Ainsworth made the admitted statements about a “startling or shocking event.” See State v. Poulin, R.I., 415 A.2d at 1311. Indeed, this issue was not raised at trial. As the trial justice admitted the evidence under the excited utterance exception, the statement must be made in response to an exciting event. After a review of the facts, we do not find this holding to constitute an abuse of discretion. Accordingly, we now move on to review whether the statements were made under the stress of nervous excitement. State v. Nordstrom, 104 R.I. at 476-77, 244 A.2d at 840.

The utterance need not be strictly contemporaneous with the startling event to qualify as spontaneous. State v. Creighton, R.I., 462 A.2d 980, 983 (1983); State v. Carraturo, 112 R.I. 179, 184, 308 A.2d 828, 831 (1973). The guarantee of trustworthiness is assured as long as the declarant made the statement as an “instinctive outpouring” or as an “effusion.” State v. Creighton and In re Daniel, both supra. We have continually stressed that a statement made in response to a traumatic or startling event is a spontaneous utterance so long as it was made while the declarant “was still laboring under the stress of [the] * * * experience.” State v. Creighton, R.I., 462 A.2d at 983; State v. Medeiros, 117 R.I. 33, 37, 360 A.2d 867, 870 (1976). It is axiomatic that the statement be “free from the elements of design, contrivance and self-service * * In re Daniel, R.I., 456 A.2d at 260. In the instant case, we find that all of the statements admitted were made by Mrs. Ainsworth while she was dominated by nervous excitement.

The statements made when Mrs. Ainsworth opened the door were effusive. She had been tied up in her own home. She had watched her assailants rifle through her belongings. Mrs. Ainsworth was initially too frightened to admit the police officer.

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469 A.2d 736, 1983 R.I. LEXIS 1128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-st-jean-ri-1983.