State v. Thomas L. Scott (077434) (Monmouth and Statewide)

163 A.3d 325, 229 N.J. 469, 2017 WL 2793955, 2017 N.J. LEXIS 691
Supreme Court of New Jersey·Decided June 28, 2017·No. A-86-15·Published·Cited by 120 cases

Opinions

JUSTICE TIMPONE

delivered the opinion of the Court.

This appeal raises the issue of whether a defendant’s mother, who purportedly lied to law enforcement officers twice in the past in order to assist her son in evading prosecution, may be cross-examined on those prior instances as evidence of her bias.

Defendant Thomas Scott was charged with possession of heroin. He argued that he did not knowingly possess the heroin because someone else placed it in his jeans pocket before he put them on. [474]*474In support, defendant sought to call his mother, Darlene Barbella, to testify that she found the heroin in defendant’s apartment in close proximity to defendant’s cousin and known drug user, Jordan Scott, and that she placed the heroin in the pocket of a pair of jeans she believed belonged to Jordan.

Defendant filed a motion in limine, seeking a preliminary ruling on the admissibility of certain evidence, including Barbella’s testimony. In response, the State sought to introduce evidence of two prior occasions on which Barbella allegedly lied to police to cover for her son, defendant. The trial court ruled the State’s impeachment evidence admissible. Defendant chose not to call Barbella at trial, instead calling Lauren Halbersberg, defendant’s friend, to testify to the same events. The Appellate Division affirmed the trial court’s determination that the evidence was admissible based upon the State’s harmless error and bias arguments.

We find that the evidence proffered by the State goes far afield of a proper bias inquiry into Barbella’s relationship with defendant. The evidence is inadmissible under the dictates of New Jersey Rules of Evidence 403 and 608, which govern admissibility of prior bad acts and character evidence for truthfulness. That error prevented defendant from fully developing his defense at trial and deprived the jury of key witness testimony. Accordingly, we reverse the Appellate Division’s findings that the trial court’s error was harmless and that bias supported the trial court’s admissibility ruling.

I.

We glean the relevant facts from the trial testimony. On November 27, 2012, Halbersberg and Jordan were at defendant’s home, a second-floor apartment in a duplex in Long Branch. Barbella owned the duplex and lived in the first-floor apartment.

According to Halbersberg, Barbella visited defendant’s apartment twice that day. During the second visit, Barbella noticed two packets of heroin lying on a table in the living room. She took the packets, placed them in the pocket of a pair of jeans that were [475]*475lying on the couch next to Jordan, and returned the jeans to the couch. Halbersberg added that, during this time, defendant prepared to take a shower, lacking any knowledge of the heroin placement.

After showering, defendant retrieved from the couch the jeans now containing two packets of heroin, took them into the bathroom, and put them on. Defendant left shortly thereafter, when a friend picked him up at the apartment. Halbersberg concluded by testifying that because of the “commotion,” she failed to warn him of the heroin in his jeans.

Detective Zotti of the Long Branch police department observed defendant leave his apartment and get into the front-passenger seat of a vehicle. Zotti knew defendant from previous arrests. He asked his dispatcher to perform a warrant check on defendant while he began following defendant in the vehicle. Defendant was driven a short distance; the vehicle stopped, and defendant exited. Zotti approached defendant and started a conversation. In the meantime, dispatch advised Zotti of an active arrest warrant for defendant. Zotti made the arrest, conducting a search incident to the arrest, which yielded the two packets of heroin. While being escorted to a patrol car, defendant uttered, “I did not know that the heroin was in my pocket, I have not worn these pants in weeks, I would have eaten it, if I had known I had it on me.”

A Monmouth County grand jury indicted defendant for third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1). In preparation for trial, defendant filed a motion in limine, seeking a preliminary ruling on the admissibility of certain testimony. Specifically, defendant successfully sought introduction of his out-of-court statements to the police regarding his claimed ignorance of the heroin in his jeans. Defendant also sought to introduce the testimony of his mother, Barbella, based on an interview she gave to an investigator for the public defender’s office a little over a year after the incident.

During that interview, Barbella recounted her visit to the apartment while defendant was in the shower. She noted that [476]*476Jordan was lying on the couch “semi-conscious,” appearing to be “heavily under the influence of drugs,” and that she told him to get out of her house. She then spotted the packets of heroin and put them into the front pocket of the jeans lying on the couch right next to Jordan. Because of their proximity to Jordan, Barbella assumed the jeans were his. Barbella further stated that Jordan returned to her home later that day banging on the side door, shouting, “Tommy got arrested.... Tommy’s got my drugs and money.”

In response, the State sought to introduce evidence that, in two previous instances, Barbella lied to officers in order to “cover up” for defendant. As the State recounted the first instance, officers saw defendant working on a car in his driveway. As they approached, defendant quickly retreated into the garage and shut the door. When the officers confronted Barbella about defendant’s whereabouts, she told them that he was not home. In response to an unrelated medical emergency, officers later entered the house and found defendant inside. In the second instance, Barbella allegedly gave a written statement to police regarding defendant’s involvement in a burglary, which she later admitted was false.

Defendant argued the inadmissibility of Barbella’s prior false statements to police pursuant to N.J.R.E. 404(b). Defendant claimed the State compounded the problem by failing to move for a Cofield hearing to determine admissibility under Rule 404(b). See State v. Cofield, 127 N.J. 328, 606 A.2d 230 (1992). The State countered that the evidence very belatedly came into its possession; it raised the issue as soon as practicable and, most importantly, the evidence satisfied the Cofield test.

After hearing arguments from both parties, the trial court ruled that the State’s evidence regarding “Ms. Barbellaf’s] ... propensity to cover up her son’s wrongdoings” was “highly relevant” and therefore “admissible both on cross examination and on rebuttal if she elects to take the stand.” In examining the arguments under the rules of evidence, the court reasoned that

[477]*477[t]his really isn’t 404(b). It's more in the nature of Rule 608, which says the credibility of a witness in a criminal case may be attacked by evidence that the witness made a prior false accusation against any person of a crime similar to the crime with which the defendant is charged if the Judge preliminarily determines, by a hearing pursuant to Rule 104, that the witness knowingly made a prior false accusation.
This is not a case «'here she made a prior false accusation. It’s just the opposite. She gave false information to the police trying to exonerate her son.

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State v. Thomas L. Scott (077434) (Monmouth and Statewide), 163 A.3d 325, 229 N.J. 469, 2017 WL 2793955, 2017 N.J. LEXIS 691 (N.J. 2017).

163 A.3d 325 (State v. Thomas L. Scott (077434) (Monmouth and Statewide)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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