Watters v. State

578 A.2d 810, 84 Md. App. 230, 1990 Md. App. LEXIS 144
CourtCourt of Special Appeals of Maryland
DecidedSeptember 4, 1990
DocketNo. 1685
StatusPublished
Cited by1 cases

This text of 578 A.2d 810 (Watters v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watters v. State, 578 A.2d 810, 84 Md. App. 230, 1990 Md. App. LEXIS 144 (Md. Ct. App. 1990).

Opinion

ROSALYN B. BELL, Judge.

Ronald Gene Watters was convicted by a jury in the Circuit Court for Wicomico County, of first degree murder, assault with intent to murder, and assault and battery. He was sentenced to life imprisonment without the possibility of parole for the murder conviction. The other convictions were merged. On appeal Watters contends that the trial court erred:

—in denying his motion for mistrial, and
—in refusing his motion to suppress certain statements. We conclude no error occurred.

FACTS

On the evening of June 7, 1988, Lisa Taylor stopped at her parents’ house after work to pick up some checks for her college tuition. After a short visit, she left to return to her apartment. Two days later, it was discovered that Taylor had never returned to her home. More than three months later, a badly decomposed body was found in a [233]*233wooded area near the campus of Salisbury State University. A comparison of dental records revealed that the body was that of Lisa Taylor. Dr. Margarita Korell testified that the cause of death was by an obstruction of the airway as a result of a smock forced into the larynx and pharynx area of the throat. The police had no suspects and developed no leads in solving the homicide.

On December 1,1988, however, Watters, while being held at the Wicomico County Detention Center on unrelated charges, asked to speak to the police. In a series of interviews with the police, Watters made statements implicating himself in the Taylor homicide. Watters was subsequently charged with various offenses stemming from the murder of Taylor.

MISTRIAL

Appellant complains that he was denied his Sixth Amendment right to a public trial as a consequence of the denial of public access to voir dire proceedings. Hence, he concludes that the trial court erred in not granting his motion for a mistrial.

After returning from a lunch recess on the first day of trial, defense counsel alerted the court that he would move for a mistrial. Counsel had learned that, during the morning proceedings at the time prospective veniremen were being voir dired, members of the sheriffs department had unilaterally excluded members of the public from the courtroom. This included members of appellant’s family and members of the news media.

The court then allowed the examination of T.A. Phillips, the deputy sheriff. The following exchange took place:

“BY [APPELLANT’S COUNSEL]:
“Q Okay. Were you authorized or instructed to keep spectators, members of the public and/or news media outside the courtroom?
“A No, sir.
[234]*234“Q Are you aware that that was followed?
“A Yes, sir, it was.
“Q And by who was that followed?
“A By myself.
“Q You say no one instructed you, is that correct?
“A No, sir.
“Q You took it upon your own to exclude spectators and members of the news media?
“A Yes, sir.
******
“Q Who was excluded, to your knowledge?
“A The only persons allowed in the courtroom were those on jury duty and those as witnesses in the trial pending before the Court.
“Q Are you aware of how many civilian spectators, members of the public, news media personnel attempted to gain entrance into the courtroom this morning for the proceedings?
“A No, sir.
“Q Again, on whose authority did you exclude members of the public and members of the media?
“A On my own.
“Q And what authority did you have to do that?
“A Just my own.
“THE COURT: He is in charge of courtroom security. “BY [APPELLANT’S COUNSEL]:
“Q Did you ask the advice or consent of either myself, [the Assistant State’s Attorney], or the administrative judge of the Circuit Court for [Wicomico] County before you made that decision?
“A No, sir.”

Appellant’s counsel then asked Phillips what instructions he had given the deputy who had screened entrance into the courtroom. This colloquy occurred:

[235]*235“THE WITNESS: To allow only jurors and witnesses in the case to enter the courtroom.
“BY [APPELLANT’S COUNSEL]:
“Q Did you instruct him as to why?
“A Because of the nature of the number of people involved in the case and the courtroom would not handle all the persons who wanted to get into the courtroom.
“Q Now, the courtroom, every seat in the courtroom was not filled this morning, is that correct?
“A There were some seats.
“Q Can you estimate for us how many you believe were available?
“A No, sir, I can’t.”

On cross-examination, the State asked:

“Q Deputy Phillips, very briefly, the individuals you asked not to come into the courtroom, to the best of your knowledge were they on both sides of the case, spectators for both sides, as opposed to either the defense or the state?
“A I have no way of knowing that.
“Q It was an across-the-board type of thing, is that correct?
“A Yes, sir.
“Q I have nothing further, Your Honor.”

Appellant’s mother then testified that she and other family members were denied access into the courtroom that morning. Appellant renewed his motion for a mistrial and the court ruled:

“It was done as a matter of Court security because of the crowded conditions of the courtroom, and it is not denying him his right to a public trial. The motion is denied.”

In support of their respective positions, both the State and appellant rely on Press-Enterprise Co. v. Superior Court of California, Riverside County, 464 U.S. 501, 104 S.Ct. 819, 78 L.Ed.2d 629 (1984), which held that the guarantees of open public proceedings in criminal trials cover the voir dire proceedings. In addressing this question, the [236]*236United States Supreme Court focused on First Amendment values. Press-Enterprise Co., 464 U.S. at 509 n. 8, 104 S.Ct. at 823 n. 8.1

Unlike Press-Enterprise Co., the question we have before us focuses on the Sixth Amendment, rather than the First Amendment. In Waller v. Georgia, 467 U.S. 39, 104 S.Ct.

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Related

Watters v. State
612 A.2d 1288 (Court of Appeals of Maryland, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
578 A.2d 810, 84 Md. App. 230, 1990 Md. App. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watters-v-state-mdctspecapp-1990.