Knott v. State, 62

• Decision Date: 01 September 1997
• Docket Number: No. 62,62
• Citation: 708 A.2d 288,349 Md. 277
• Parties: Michael Timothy KNOTT v. STATE of Maryland. ,
• Court: Maryland Court of Appeals

Page 277

349 Md. 277

708 A.2d 288

Michael Timothy KNOTT v. STATE of Maryland.

No. 62, Sept. Term, 1997.

Court of Appeals of Maryland.

April 14, 1998.

Julie Anna Saslow (Anthony Bornstein, on brief), Washington, DC, for petitioner.

Regina Hollins Lewis, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, on brief), Baltimore, for respondent.

Argued before ELDRIDGE, RODOWSKY, CHASANOW, RAKER and WILNER, JJ., DALE R. CATHELL, Judge (Specially Assigned), and MARVIN H. SMITH, Judge (retired), Specially Assigned.

RODOWSKY, Judge.

The petitioner, Michael Timothy Knott (Knott), was tried before a jury in the Circuit Court for Charles County on charges of (1) assault with intent to kill, (2) assault with intent to maim, disfigure, or disable, (3) reckless endangerment, (4) assault and battery, and (5) malicious destruction of property. The jury found Knott guilty on the third, fourth, and fifth charges. Knott, submitting that he had been compelled to stand trial in identifiable prison garb, appealed to the Court of Special Appeals. That court, in an unreported opinion, held that Knott had failed to preserve his contention and that the error in any event was harmless beyond a reasonable doubt. We granted Knott's petition for certiorari, and, for the reasons stated below, we shall reverse.

At the time of the events giving rise to the charges against Knott, the victim, Cornell Tirrell Posey (Posey), was living in his mother's house in Waldorf with Erika Denise Carroll (Carroll). Carroll also had been having a sexual relationship with Knott over the preceding year.

On the morning of November 13, 1994, Carroll informed Posey that she was leaving to attend a basketball game. Shortly thereafter, Posey, while driving to a friend's house, observed Carroll driving her vehicle with Knott following her in another vehicle. The three persons parked their vehicles by the side of the road, and a conversation ensued. Posey testified that, after Carroll drove away, Knott retrieved a hunting knife from his car and threatened to stab Posey, but he, Posey, drove away. Knott testified that after Carroll had pulled away, Posey questioned Knott about his relationship with Carroll, that neither man produced a knife, and that the two parted company without incident.

Later that evening Knott and Carroll rented a room at the Waldorf Motel where they had sex and fell asleep. Posey testified that when he arrived home at approximately 10:00 that evening he discovered that Carroll was not home. According to Posey's testimony, he had consumed a six-pack of beer and a pint of brandy at a friend's house, but was not drunk. Posey went to Carroll's sister's house to inquire about Carroll's whereabouts and was told that Knott had forced Carroll to go with him. Posey then went to the apartment complex where two of Knott's aunts resided, but was unable to find Knott or Carroll. Posey did, however, observe Carroll's vehicle parked outside the apartment complex. Knowing that Knott and Carroll had on at least one occasion patronized the Waldorf Motel, Posey decided to go to the motel in search of Carroll.

Upon arriving at the motel at approximately 12:00 a.m. on November 14, 1994, Posey observed Knott's vehicle parked in front of two of the motel's rooms. Posey testified that he parked next to Knott's vehicle and blew his horn for approximately ten minutes, and, after receiving no response, knocked on the door to one of the two rooms. One of the occupants of the room, Joseph Dean Jordan III (Jordan), testified that when he answered the door, Posey asked him whether Carroll was in the room, to which Jordan responded that she was not. Posey entered the room, looked around briefly, and left. Posey then knocked on the door of the room next to Jordan's. Knott opened the door. Posey and Knott provide very different accounts of what happened next.

According to Posey, he entered the room and observed Carroll lying on the bed. Posey walked over to Carroll, punched her in the back, and told her to get up so that he could speak with her. Carroll, who appeared to be in a drugged state, fell to the floor, got up, and went into the bathroom, closing the door behind her. Ignoring Knott's requests that Posey leave, the latter began beating on the bathroom door. At that time Knott approached Posey, who was unarmed, with the same hunting knife with which he had threatened Posey earlier that day. After threatening to kill Posey if he did not leave, Knott stabbed Posey in the leg. Posey left the room but refused to leave the motel parking lot until he had an opportunity to speak with Carroll. Knott then began swinging the knife at Posey, who attempted to ward off the attack with his fists. Posey testified that after being stabbed in the arm and chest, he tripped and fell to the ground, at which time Knott stabbed him in the back and buttocks. Posey got up and entered the driver's side of his car. Knott approached the vehicle and smashed the driver's side window with his fist. Knott went back into the motel room and emerged with Carroll approximately ten minutes later. Carroll and Knott got in Knott's car and pulled away. Posey went to the home of his godfather, who promptly called 911. Posey had been stabbed a total of nine times--in his arm, behind his ear, in the hand, above the heart, in his back, in his side, in his buttocks, and twice in the leg.

According to Knott, Posey forced his way into the motel room after Knott answered the door. Posey then approached Carroll, who was lying in the bed, and struck her in the back with his fists several times. As Carroll attempted to get out of the bed, Posey continued to swing his fists at her. Knott then grabbed Posey by the shoulders and arms while Carroll ran into the bathroom. Knott interposed himself between the bathroom door and Posey. Posey then began swinging at Knott, trying to get to the bathroom. Posey struck Knott in the eye, and Knott responded by striking back at Posey. Posey then pulled out a knife and rushed at the bathroom door. Knott grabbed Posey's hand and pushed him toward the bed. The two men fell on the bed and tumbled to the floor, whereupon Posey lost hold of the knife. Knott retrieved the knife and again stepped in front of the bathroom door. Posey continued to charge at the bathroom door, despite the fact that Knott was swinging the knife at him. Knott repeatedly succeeded in chasing Posey out of the room only to have Posey reenter the room and charge at him again. Eventually Knott drove Posey out into the motel parking lot. Posey got into his car and pulled in front of Knott's car, blocking him in. In an effort to force Posey to move his car, Knott smashed the driver's side window of Posey's car. Knott then called to Carroll, who came out into the parking lot. Knott testified that he threw the knife at Posey's car and that he and Carroll then drove away. Posey followed, driving alongside Knott's vehicle and screaming at Knott and Carroll, until Posey eventually turned off the road. Knott testified that he suffered a blood clot in the eye and a swollen cheek as a result of the exchange. Knott did not call the police to report the incident.

The police officers who responded to the altercation did not recover a knife in the motel parking lot.

On December 11, 1994, Charles County police officer Ralph Acquaviva (Acquaviva) arrested Knott at a birthday party at Knott's aunt's house. Acquaviva testified that he found Knott hiding in an upstairs bedroom closet. Knott denied concealing himself in the closet, and testified that he was sitting on a bed in the upstairs bedroom, smoking a cigarette when Acquaviva arrested him. Acquaviva testified that, while transporting Knott, Acquaviva told Knott that he would probably be charged with assault with intent to maim. It is Acquaviva's testimony that Knott responded: "I should have just killed the motherfucker." Knott denied making such a statement.

Carroll testified as a witness for the defense. At the time of her testimony, she was living with Posey in her mother's house. Carroll testified that Knott had not forced her to go with him to the Waldorf Motel on the evening of November 13, 1994, that Knott did not have a weapon on him that evening, and that Knott had asked Posey to leave after Posey had struck Carroll in the back with his fists. Carroll further testified that Knott, whom she observed as having bruises around his face but no stab wounds, admitted to her that he stabbed Posey. Knott admitted telling Carroll as much.

Knott was tried on May 15 and 16, 1995. He had been incarcerated at the Charles County Detention Center since his arrest. Knott arrived at the courthouse on the first day of trial wearing the jail uniform. ¹ Immediately after the case was called, the following colloquy took place:

"[DEFENSE COUNSEL]: ... Your Honor, this matter is scheduled for a trial today. Mr. Knott indicates that he would like me to ask the Court to grant a continuance. One of the reasons is that Mr. Knott indicated when I asked him earlier this morning why he is not dressed so the jury has no--

"THE COURT: Hint as to where he is.

"[DEFENSE COUNSEL]: Preconceived notions as to where he is[.] [H]e indicated like I told him earlier when we talked about this case about having civilian clothes and he told me he didn't have anybody to bring him any. That his sister's car broke down yesterday.

....

"THE COURT: ... Mr. Knott I don't understand why it is necessary to continue the case for either of the reasons assigned.[ ²] If you had civilian clothes available I would certainly make arrangements for you to wear them. I would think that arrangements could still be made for you to wear them if absolutely necessary.

"On the other hand I don't understand why there is any particular reason to think that the jury would be disaffected by knowing that you were in custody given the nature of the charges here. I don't think it would be of any...