464 A.2d 1052 (Md. 1983), 106, State v. Metscher

Docket Nº:106.
Citation:464 A.2d 1052, 297 Md. 368
Opinion Judge:[10] Smith
Party Name:STATE of Maryland v. Lawrence William METSCHER.
Attorney:[7] Richard B. Rosenblatt, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Ann E. Singleton, Assistant Attorney General, on the brief, for appellant.
Case Date:September 08, 1983
Court:Court of Appeals of Maryland
 
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Page 1052

464 A.2d 1052 (Md. 1983)

297 Md. 368

STATE of Maryland

v.

Lawrence William METSCHER.

No. 106.

Court of Appeals of Maryland.

September 8, 1983

[297 Md. 369] Richard B. Rosenblatt, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen. and Ann E. Singleton, Asst. Atty. Gen., Baltimore, on brief), for appellant.

Arthur A. DeLano, Jr., Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

SMITH, Judge.

This is yet another of the cases involving hypnotically enhanced testimony which were argued the same day. We shall affirm the judgment of the Court of Special Appeals here. It, in an unreported opinion, reversed the conviction of Lawrence William Metscher and remanded the case for a new trial.

Metscher was convicted by a Montgomery County jury of first degree sexual offense and assault with intent to maim. Prior to trial he filed a motion to suppress evidence pertaining to testimony from the victim. He contended that the evidence was inadmissible because she was subjected to hypnosis prior to her testimony. The trial court denied the motion, holding that none of the evidence was the product of hypnosis. Our recitation of facts, except for the professional qualifications of the psychologists, is gleaned from a statement of facts to which the parties agreed pursuant to Maryland Rule 828 g.

I

At approximately 2:00 a.m. while driving to the home of a friend the victim heard a thud against her car. Thinking she had struck something, she got out of the car. She found a man lying in the road. When she got close to him, he grabbed her by the hair and dragged her into the woods. At [297 Md. 370] knife point he forced her to perform fellatio. He sawed her breasts with his knife and otherwise threatened her. Her assailant ran off when he was startled by a passing car. She then ran to a nearby home where she called police. She described her attacker as a white male in his early 20's, five feet seven inches tall, with several days growth of beard and a mustache, wearing a black or dark T-shirt and jeans, and armed with a knife.

About an hour later Metscher was arrested as he came out of the woods less than a mile from the scene of the attack. He fit the description the victim had given, including the fact that he was carrying a knife. K-9 units were able to track a scent leading from the scene of the attack to the house where the victim called police. They were

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also able to track another scent leading from the scene of the attack to the place where Metscher was apprehended.

Immediately upon his apprehension Metscher was taken for a one-on-one showup for the victim to attempt to identify him. She was in an extremely upset condition and asked to be taken to a hospital for treatment instead. However, she did finally agree to the showup. Friends virtually had to carry her out of the house. She cried hysterically. As to whether Metscher was her assailant, she said, "I can't...

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