United States v. Collier

67 M.J. 347, 2009 CAAF LEXIS 608, 2009 WL 1393445
CourtCourt of Appeals for the Armed Forces
DecidedMay 18, 2009
Docket08-0495/NA
StatusPublished
Cited by83 cases

This text of 67 M.J. 347 (United States v. Collier) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Collier, 67 M.J. 347, 2009 CAAF LEXIS 608, 2009 WL 1393445 (Ark. 2009).

Opinions

Judge RYAN

delivered the opinion of the Court.

This case presents the question whether the military judge erred in granting the Government’s motion in limine prohibiting Appellant’s defense counsel from cross-examining HM2 C, the main Government witness, about an alleged homosexual romantic relationship between her and Appellant and from introducing any evidence of such a relationship.1 While the military judge did permit cross-examination about a close friendship, the defense that Appellant wanted to present was that HM2 C framed Appellant for larceny as a result of their romantic relationship ending badly. Because of this ruling, Appellant was free only to assert the motivation of an angry friend rather than a disappointed lover; as the Government then argued in its closing, the motivation of an angry, vengeful friend “strains all logic; it’s just not credible.”

The military judge’s ruling prevented Appellant’s counsel from fully exploring HM2 C’s bias and motive to misrepresent the truth, and precluded Appellant from presenting her theory of the case. Under the facts of this case, this was a violation of Appellant’s Sixth Amendment right to confront a witness against her. See Delaware v. Van Arsdall, 475 U.S. 673, 680, 106 S.Ct. 1431, 89 L.Ed.2d 674 (1986) (“[A] criminal defendant states a violation of the Confrontation Clause by showing that he was prohibited from engaging in otherwise appropriate cross-examination designed to show a prototypical form of bias on the part of the witness-”). Under the circumstances of this case, including the fact that in its closing argument the Government exploited the evidentiary limitation it requested to criticize the theory with which Appellant was left, we find this constitutional error was not harmless beyond a reasonable doubt. The decision of United States Navy-Marine Corps Court of Crimi[350]*350nal Appeals (CCA) upholding the military judge’s ruling is reversed.

I. Facts

A special court-martial composed of members convicted Appellant, contrary to her pleas, of one specification of larceny of military property and one specification of obstructing justice by. wrongfully endeavoring to influence the testimony of a witness, in violation of Articles 121 and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 921, 934 (2000). The sentence adjudged by the court-martial and approved by the convening authority included a bad-conduct discharge, confinement for six months, and reduction to the lowest enlisted grade. The United States Navy-Marine Corps Court of Criminal Appeals affirmed. United States v. Collier, No. NMCCA 200601218, 2008 CCA LEXIS 53, at *29, 2008 WL 495700, at *11 (N.M.Ct.Crim.App. Feb. 21, 2008) (unpublished).

Prior to her court-martial, Appellant served as the tool custodian for Helicopter Combat Support Squadron EIGHT (HC-8) in Norfolk, Virginia. The larceny charge in this case involves tools alleged to have been taken from this command. Hospitalman Second Class (HM2) C testified for the Government that she found these tools in her home. HM2 C testified that she and Appellant had been good friends and that Appellant had stayed at her home four or five nights a week. Appellant kept some of her belongings at HM2 C’s home, specifically, in HM2 C’s son’s bedroom. At some point, Appellant and HM2 C had a falling out and HM2 C requested that Appellant not return to HM2 C’s home. The women disagreed about how Appellant could retrieve her belongings from HM2 C, which eventually resulted in Appellant asking her command for help in obtaining several items she claimed were still at HM2 C’s house, including tools, a television, and a diamond ring. HM2 C testified that when she checked her home for these items, she first found a bag of tools in her garage, and later found more tools in a chest of drawers in her son’s room.

After each discovery, HM2 C consulted with her command and then arranged for the return of the tools to Appellant’s command. There were 215 tools returned to HC-8 by HM2 C, of which approximately 65 were etched with the command code “B10” or “Bl.” Among the tools returned was an etcher. Testimony at trial established that prior to HM2 C turning them in, no one had noticed this large quantity of tools missing. This was true even though a cursory visual check of the locker in which such tools were kept was done not long before the tools were turned in. Testimony also established that while all of the recovered tools were among those used by HC-8, many, if not all, of them could be purchased at retail stores such as Sears.

Some time after Appellant had been charged with larceny of the tools, HM2 C encountered Appellant at a beauty salon. HM2 C testified that at the salon, she overheard Appellant speaking on her cell phone. According to HM2 C, while Appellant was standing close to her, Appellant said into her cell phone: “Yeah, we should get this bitch; let’s get her.” When HM2 C left the salon, she found that a tire on her car had been slashed. Appellant admitted to the civilian authorities that she had slashed the tire. Based on this incident, Appellant was charged with one count of obstructing justice by wrongfully endeavoring to influence the testimony of a witness, under Article 134, UCMJ.

Prior to court-martial, the Government filed a motion in limine seeking to prohibit Appellant’s defense counsel from cross-examining HM2 C about an alleged homosexual romantic relationship between her and Appellant and from introducing any evidence of such a relationship. The basis of the Government’s motion was threefold: (1) no such relationship existed, and even if it did exist it was not relevant; (2) even if the relationship was relevant, prejudice created by statute and Navy policy prohibiting homosexual conduct would substantially outweigh the relevance; and (3) allowing this line of questioning would “serve only to embarrass and harass the witness.”

At the hearing on the motion, trial counsel advanced two additional arguments. First, [351]*351Appellant could show sufficient bias by inquiring into the fact that the women were no longer friends because the women had argued about HM2 C’s daughter and also because HM2 C’s boyfriend didn’t like Appellant. Second, the factual dispute about whether the two women actually had a romantic or sexual relationship was a collateral matter that threatened to take over the proceedings and confuse the members. During the hearing trial counsel further asserted that evidence of a homosexual relationship was “too inflammatory” for the members to hear. As part of this assertion, trial counsel emphasized the homosexual nature of the relationship and linked the danger of unfair prejudice to the congressional finding that “homosexuality presents an unacceptable risk to the high standards of morale, good order, and discipline in the military.” Transcript of Record at 54, United States v. Collier, No. 08-0495; 10 U.S.C. § 654(a)(14) (2000).

The defense opposed the motion, arguing that the Sixth Amendment guarantees the right to confront and cross-examine witnesses and that the limitation requested by the Government violated those rights.

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Cite This Page — Counsel Stack

Bluebook (online)
67 M.J. 347, 2009 CAAF LEXIS 608, 2009 WL 1393445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-collier-armfor-2009.