State v. Watson

572 N.E.2d 97, 61 Ohio St. 3d 1, 1991 Ohio LEXIS 1339
CourtOhio Supreme Court
DecidedJune 19, 1991
DocketNo. 89-1079
StatusPublished
Cited by181 cases

This text of 572 N.E.2d 97 (State v. Watson) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Watson, 572 N.E.2d 97, 61 Ohio St. 3d 1, 1991 Ohio LEXIS 1339 (Ohio 1991).

Opinions

Herbert R. Brown, J.

R.C. 2929.05(A) requires us to undertake a three-part review in a capital case. First, we review the judgment and consider Watson’s twenty-one propositions of law, in which he asserts various errors by the trial and appellate courts. Second, we determine the appropriateness of the death sentence in this case by independently weighing the evidence and determining whether the aggravating circumstances outweigh the mitigating factors. Finally, we must determine whether the death sentence is excessive or disproportionate to the penalty imposed in similar cases. For the reasons which follow we affirm the appellant’s conviction, but vacate the death sentence and remand for imposition of a life sentence pursuant to R.C. 2929.06 and State v. Penix (1987), 32 Ohio St.3d 369, 513 N.E.2d 744.

I

Trial Errors

We first consider appellant’s asserted legal errors at trial. The principal issues include the prosecution’s use of improper impeachment evidence, inflammatory autopsy photographs, prosecutorial misconduct, and insufficiency of evidence to sustain a conviction.

A

Improper Prosecution Evidence

Impeachment By Extrinsic Evidence

In his first proposition of law, Watson argues that the state improperly impeached two defense witnesses, Parker and Jones, by using extrinsic evidence of prior inconsistent statements. Watson maintains that Detective Gross improperly testified, during the state’s case in chief, that when he showed Parker and Jones a twelve-photograph array including photos of both Watson and Henderson, neither Parker nor Jones was able to identify either [6]*6of the men. This evidence impeached Parker and Jones because both had claimed they would be able to identify Watson after having seen him at a preliminary hearing. Furthermore, Parker and Jones had both seen a photo of Henderson before trial and had seen Watson at the preliminary hearing and on television.

Watson argues that the prosecution’s impeachment evidence was improper under Evid.R. 613(B), which states: “Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded a prior opportunity to explain or deny [the statement] * * *.”

Ordinarily, the prosecutor’s use of impeachment prior to testimony by defense witnesses would be error. However, because Watson did ,not object to Detective Gross’s testimony at trial, the plain error rule applies. Crim.R. 52(B). “Notice of plain error under Crim.R. 52(B) is to be taken with the utmost caution, under exceptional circumstances and only to prevent a manifest miscarriage of justice.” State v. Long (1978), 53 Ohio St.2d 91, 7 O.O.3d 178, 372 N.E.2d 804, paragraph three of the syllabus. Plain error does not exist unless, but for the error, the outcome at trial would have been different. State v. Moreland (1990), 50 Ohio St.3d 58, 62, 552 N.E.2d 894, 899.

We find no merit in Watson’s assertions of plain error. At the time of Detective Gross’s impeachment testimony, Watson had already introduced prior hearsay statements by Parker and Jones that Watson was not the robber. This occurred during recross-examination of another state witness, Detective Joe Logsdon. In response to Logsdon’s testimony that he had found no evidence inconsistent with the eyewitness identification of Toney, Moon, and Prater, defense counsel asked Logsdon several questions, one over the state’s objections, about Parker’s and Jones’s assertions that Watson was not the robber.

Evid.R. 806 provides that when a hearsay statement is admitted into evidence “the credibility of the declarant may be attacked * * * by any evidence which would be admissible for those purposes if declarant had testified as a witness.” Furthermore, attacking the credibility of an out-of-court declarant “ * * * is not subject to any requirement that he may have been afforded an opportunity to deny or explain.” Evid.R. 806. Because Watson had introduced the hearsay statements of Parker and Jones through Logsdon’s testimony, it was not error for the state to impeach declarants Parker and Jones through Gross’s testimony. See State v. Heinish (1990), 50 Ohio St.3d 231, 237, 553 N.E.2d 1026, 1033.

Watson counters with the assertion that Parker’s and Jones’s statements that Watson was not the robber, introduced through Logsdon’s testimony, were not hearsay statements. Watson argues that these statements only [7]*7impeached Logsdon’s testimony that he had found no conflicting evidence and that they were not admitted for the truth of the matter asserted. However, no limiting instructions were placed on these statements at the time they were introduced, and the jury was free to consider them for any purpose. Accordingly we find no error, plain or otherwise.

Gruesome Photographs

In his second proposition of law Watson argues that the prosecution improperly admitted into evidence a series of crime scene and autopsy photographs of Mast’s body. Watson argues that these graphic photographs were cumulative and prejudicial and served little, if any, probative value because the cause of Mast’s death was never at issue.

Prior to trial, Watson moved to suppress all photographs of Mast’s body, but the trial judge deferred ruling until trial. However, when the prosecutor offered the photographs into evidence at trial, Watson failed to object. Therefore the plain error rule applies. Moreland, supra.

Under Evid.R. 403 and 611(A) the admission of photographs is within the trial court’s discretion. State v. Landrum (1990), 53 Ohio St.3d 107, 121, 559 N.E.2d 710, 726. In a capital case, nonrepetitive photographs, even if gruesome, are admissible if relevant and of probative value as long as the probative value of each photograph outweighs the danger of material prejudice to the defendant. State v. Maurer (1984), 15 Ohio St.3d 239,15 OBR 379, 473 N.E.2d 768, paragraph seven of the syllabus.

Among the disputed photographs are photos of Mast’s body taken at the crime scene from different distances or angles. The photos show different aspects of Mast’s body, lying on his stomach, as well as blood and apparent brain matter strewn on the floor. These photos are not particularly gruesome, and each photo has probative value in showing how the killing took place. See State v. DePew (1988), 38 Ohio St.3d 275, 281, 528 N.E.2d 542, 550-551. There was no error in the admission of the crime scene photographs.

There are also six autopsy photos of Mast’s head taken from different distances and angles. We agree with Watson that these five are truly gruesome photographs depicting the very substantial injury that Mast suffered when his brain was literally blown out of his skull. Although one or two of these photos may have been admissible, the trial court erred by admitting all five. The manner and cause of death was never disputed at trial. Nor was any issue raised as to the killer’s intention. These graphic photos were cumulative, and the potential prejudicial effect on the jury outweighed their minimal probative value.

[8]*8However, even though the trial court erred in admitting the autopsy photographs into evidence, we cannot say that, but for the admission of the gruesome photos, the result of Watson’s trial would have been different. Accordingly no plain error occurred and proposition two is not well-taken.

Impeachment By Misconduct Evidence

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Bluebook (online)
572 N.E.2d 97, 61 Ohio St. 3d 1, 1991 Ohio LEXIS 1339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-watson-ohio-1991.