Stoddard v. State

31 A.3d 603, 423 Md. 420, 2011 Md. LEXIS 673
CourtCourt of Appeals of Maryland
DecidedNovember 3, 2011
DocketNo. 105
StatusPublished
Cited by4 cases

This text of 31 A.3d 603 (Stoddard v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stoddard v. State, 31 A.3d 603, 423 Md. 420, 2011 Md. LEXIS 673 (Md. 2011).

Opinion

RAKER, J.

Erik Stoddard, petitioner, was convicted by a jury in the Circuit Court for Baltimore City of child abuse resulting in the death of a child and manslaughter. In this appeal, he presents two questions to this Court, which we rephrase as follows:

1. Did the trial court err in requiring the petitioner either to testify prior to the completion of the defense case or to forfeit the right to testify?
2. Did the trial court err in admitting evidence of prior bad acts and a question implying that petitioner posed a threat to another child?

We shall hold that the trial court erred by placing an impermissible restriction on petitioner’s right against self-incrimination and infringing his right to due process when it required him to testify prior to the completion of the defense case or to forgo testifying at all. We shall nevertheless hold that this error was harmless under the circumstances of this case. We shall further hold that the trial court did not err in admitting the evidence in question. For the reasons stated herein, we shall affirm.

I.

This case arises out of the death of three-year-old Calen DiRubbo on June 15, 2002. In connection with this death, petitioner has been tried three times by the Circuit Court for [425]*425Baltimore City for the charges of murder and child abuse resulting in death. The jury in petitioner’s first trial convicted him of second degree murder and child abuse resulting in death, but this Court reversed the conviction. See Stoddard v. State, 389 Md. 681, 887 A.2d 564 (2005). The jury in petitioner’s second trial convicted him of second degree murder and child abuse resulting in death, but the trial court granted petitioner’s motion for a new trial because the court determined that it had failed to ask a mandatory voir dire question. The jury in petitioner’s third trial convicted him of child abuse resulting in death and manslaughter, and the trial court sentenced him to a term of incarceration of consecutive sentences of thirty years and ten years. Petitioner appealed to the Court of Special Appeals, which affirmed in an unreported opinion. See Stoddard v. State, No. 1185, Sept. Term 2008 (filed August 24, 2010). We granted Stoddard’s Petition for a Writ of Certiorari. Stoddard v. State, 417 Md. 125, 9 A.3d 1 (2010).

At the time of Calen DiRubbo’s death, petitioner was the boyfriend of Calen’s mother, Cheryl DiRubbo, and had lived with them for several months. On the day that Calen died, petitioner was the only adult watching her for much of the morning and parts of the afternoon. Several other friends and relatives were present at the DiRubbo home and with Calen at various points during that day. Most notably, Nick Dieter, who was Cheryl DiRubbo’s estranged husband, the father of Calen’s half-brother, and the de facto stepfather of Calen, was watching her in the late afternoon and evening while petitioner and Cheryl went out on a date. At approximately 10:30 p.m., Dieter went to let two friends in the front door of the house, walked by the couch where he thought Calen was sleeping, and realized that she was dead. One of the friends immediately called 911, and following the instructions of the 911 operator Dieter attempted to perform CPR on Calen. After the paramedics arrived, Dieter called Cheryl and petitioner to let them know what was happening, and Cheryl returned to the house.

[426]*426The police arrested Dieter initially in connection with Cal-en’s death, as he was the only adult with her when she died, and they assumed that her fatal injuries were inflicted immediately prior to her death. The medical examiner, however, estimated later that the fatal injury was likely inflicted several hours prior to Calen’s death, during a period of time that corresponded to when she was under the care of petitioner. The medical examiner found that Calen’s cause of death was blunt force injuries, that she had bruises and scrapes on her body, and that she appeared to have been suffering from abuse for some time. The medical examiner noted that the fatal injury was a blow to the abdomen, resulting in two large tears to the bowel and internal bleeding.

Shortly after Calen’s death and under intense questioning, Cheryl DiRubbo gave a statement to the police that implicated petitioner. She indicated, among other things, that petitioner had physically abused her, that petitioner had physically abused Calen, and that she had spoken with petitioner on the phone around noon on the day of Calen’s death, while Calen was still in his exclusive care, and that he had told her then that Calen had just vomited. At trial, Cheryl DiRubbo recanted this statement, testifying that she had lied to the police, claiming that the police had pressured her into impheating petitioner, that she had been merely telling police what they wanted to hear, and that she did so out of fear of losing custody of her other child and out of a fear of Nick Dieter.

The police officer who conducted the interview testified, among other things, that they did not pressure her to implicate anyone and that they were surprised when Cheryl DiRubbo implicated petitioner in her statement, because at the time of questioning they had Nick Dieter in custody for the killing and were expecting her to inculpate him.

Charles Phren, the husband of Cheryl DiRubbo’s mother and godfather to Calen, testified that he and Cheryl’s mother spoke to her immediately prior to her statement to the police, and that he told her that although she had failed to protect Calen in life, the least she could do for her in death was to tell [427]*427the police the truth. In response, Cheryl put her head down, began to cry, and made the statement implicating petitioner that she subsequently recanted at trial. Dieter testified, inter alia, that he had a very close and loving relationship with Calen, whom he regarded as his daughter. He stated that, although his marriage to Cheryl DiRubbo was over and he had moved out several months before Calen’s death, he still paid child support and regularly cared for both Calen and his son. He explained that he had been unable to watch Calen on the day she died because he spent most of the day retrieving his car from an impound lot, having been arrested for driving under the influence of alcohol the previous night. When he was able to begin looking after Calen in the late afternoon, he said that she appeared to be sick and in pain. He stated that she had vomited, that he rinsed her off in the bathtub, and that he put her down on the couch to rest.

Both Cheryl DiRubbo’s mother and sister testified that Dieter was very loving towards Calen, and that Calen had been a happy child for most of her life. They also stated that in the months leading up to Calen’s death, when Dieter had moved out and petitioner lived in the house as Cheryl’s boyfriend, they noticed that bruises started appearing on Calen’s body, that she started to seem more withdrawn, and that, while she remained affectionate towards Dieter, Calen appeared to be afraid of petitioner.

Mark DiRubbo, Cheryl’s father and Calen’s grandfather, was deceased at the time of petitioner’s third trial, but his testimony from a previous proceeding was read to the jury. His testimony explained that Dieter treated Calen like a daughter, and that Calen seemed fine and was playing when he left her in petitioner’s care at 11:45 a.m.

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Cite This Page — Counsel Stack

Bluebook (online)
31 A.3d 603, 423 Md. 420, 2011 Md. LEXIS 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoddard-v-state-md-2011.