Martinez v. State

• Decision Date: 26 October 2010
• Docket Number: No. 67, Sept. Term, 2009.,67, Sept. Term, 2009.
• Citation: 416 Md. 418,7 A.3d 56
• Parties: Eduardo Escobar MARTINEZ v. STATE of Maryland.
• Court: Maryland Court of Appeals

7 A.3d 56

416 Md. 418

Eduardo Escobar MARTINEZ

v.STATE of Maryland.

No. 67, Sept. Term, 2009.

Court of Appeals of Maryland.

Oct. 26, 2010.

Piedad Gomez, Assistant Public Defender (Elizabeth L. Julian, Acting Public Defender, Baltimore), on the brief, for petitioner.

James E. Williams, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen., Maryland), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

BARBERA, J.

Petitioner Eduardo Escobar Martinez was tried before a jury in the Circuit Court for Prince George's County and convicted of involuntary manslaughter of one victim and attempted murder of another. During trial, the court prohibited Petitioner from cross-examining the surviving victim about his potential bias in connection with the State's dismissal of unrelated charges filed against him and his incarceration status pursuant to a writ of body attachment to secure his presence at trial. The Court of Special Appeals held that it was not an abuse of the court's discretion to prohibit such cross-examination. For the reasons that follow, we hold that the Circuit Court erred in barring Petitioner from attempting to impeach the victim witness on matters that could demonstrate the witness's bias. We therefore reverse the judgment of the Court of Special Appeals and remand the case to that court with directions to order a new trial.

I.

During the early morning hours of September 9, 2006, police officers in Prince George's County found two men, Carlos Humberto Castro-Ventura and Santos Lorenzo Mejicanos, lying on the ground and suffering from multiple stab wounds. Mr. Castro-Ventura later died as a result of those wounds. Mr. Mejicanos, however, survived the attack.

Prince George's County Detective Troy Harding was the lead detective in the investigation of the stabbings. Detective Harding testified that he visited Mejicanos at the hospital on September 12 and 13, 2006. Detective Harding showed Mejicanos a photographic array of potential suspects. The array included a photograph of Petitioner. Mejicanos identified Petitioner as the person who had stabbed him. Detective Harding also showed Mejicanos a photograph of a crucifix tattoo. Mejicanos identified that tattoo as the same as a tattoo he had observed on the arm of one of his assailants, during the attack. Roberto Nicolas, known to Detective Harding as a potential suspect in the attacks, has such a tattoo.

Detective Harding obtained a warrant to search the residence of Nicolas. Two screwdrivers believed to be used in the attack were recovered. Subsequent testing disclosed the presence of Nicolas's DNA on one of the screwdrivers, but no DNA of Petitioner, or anyone else, on the other screwdriver.

The police arrested Nicolas. During interrogation, Nicolas implicated several persons, including Petitioner, in the stabbings. He stated that Petitioner, in the course of the stabbings, used one of the screwdrivers that were recovered from Nicolas's residence.

Petitioner was charged in the Circuit Court for Prince George's County with the murder of Mr. Castro-Ventura, the attempted murder of Mr. Mejicanos, two counts of conspiracy to commit those murders, and related counts. Nicolas and Mejicanos were the State's key witnesses at trial.

Nicolas testified to the following. On the evening of September 8, 2006, he, Petitioner,Carlos Garcia, and William Mercado went to a park to drink beer. Around midnight, theymade their way to nearby apartments. Along the way, they observed three individuals walking in their direction. When the two groups met, Nicolas observed Petitioner and one of the members of the other group, later identified as Mejicanos, exchange angry words. Nicolas, a self-described MS-13 gang member, approached and punched Mejicanos in the face. Nicolas was prompted to do that because Mejicanos, who claimed to be a MS-13 gang member, smoked crack-cocaine in violation of gang rules.¹

Nicolas further testified that Mejicanos attempted to run away, but Petitioner, Garcia, and Mercado overtook and attacked him. When Mejicanos fell to the ground, Petitioner began stabbing him with a screwdriver. The attackers were momentarily distracted by neighbors' screams and Mejicanos was able to escape. Moments later, Petitioner, Garcia, and Mercado began assaulting Mr. Castro-Ventura. During the assault, Petitioner repeatedly stabbed Castro-Ventura with a screwdriver. As the fight ended, Nicolas kicked Castro-Ventura and left him bleeding on the ground. The group then left the scene and went to Rock Creek, where Nicolas observed Petitioner cleaning the screwdriver in a creek.

A medical examiner testified that Mr. Castro-Ventura died as a result of forty-four stab wounds. The medical examiner also testified that a small rectangular object, such as a screwdriver, caused those injuries.

The surviving victim, Mejicanos, testified as a State's witness, under a writ of body attachment to secure his presence at trial after he failed to attend court on the first day of trial. The record reflects that Mejicanos was incarcerated from sometime on the second day of trial until the third day of trial, when he gave his testimony.² Just before Mejicanos took thestand, defense counsel asked the court for permission to ask Mejicanos about his unrelated charges of felony theft, unauthorized use of a vehicle, and possession of drug paraphernalia. Those charges, filed in the Circuit Court for Prince George's County, were nolle prossed by the State six days before Mejicanos testified at a pre-trial motions hearing in the present case. We set forth the relevant portions of the exchange among the court, the State, and defense counsel regarding the nolle prossed charges:

[DEFENSE COUNSEL]: Mejicanos had a Circuit court case that was pending.... It was a theft, UUV [i.e., unauthorized use of a vehicle] for taking another vehicle, and possession of paraphernalia. It was scheduled for a motion on May 4th. Motions were withdrawn. It was set for trial on June 7. Prior to the June 7 trial ... it was entered nolle prosequi. I would like to inquire of Mejicanos if he knows if the entering of that case nolle prosequi prior to his motions testimony and his trial testimony in this case affected hisbias. To ask him if he was more inclined to testify in accordance with the State's theory of the case, because he got another Circuit Court case dropped against him.

[THE COURT]: Are you implying that there was some kind of plea agreement?

[DEFENSE COUNSEL]: No, I don't think it was, maybe I'm wrong, and I'm sure Mr. State will correct me if I'm wrong, but it's more a matter of bias than if it is a plea agreement. I think bias could be used to show an individual's bias.

* * *

[THE STATE]: Your Honor, Mejicanos testified at the motions hearing that he had identified this defendant as the one that stabbed him. There was no agreement with theState that the State would drop the case if he came to court or if he testified. He's going to testify truthfully that he had identified this defendant prior to the State even speaking with him. He hasn't been convicted. The case was dismissed for whatever reason. The defense should not be allowed to inquire as to whether-[to] try to impeach him with a plea through the back door as to raise the issue as to raise the fact that he was arrested in a stolen car and that he had or that he was charged with, among other things, the paraphernalia count.

* * *

[DEFENSE COUNSEL]: We believe that under [Rule] 5-616(a)(4) ^[[³ that we should be permitted to inquire about the nol[le] pros[s]ed case to prove that the witness is biased. Or as an alternative ground, if I can have the court's indulgence. That will be [Rule] 5-608(b) ⁴, impeachment by examination regarding a witness's own prior conduct not resulting in convictions....

Upon introduction the court may permit the inquiry to the questioner outside of the presence of the jury [to establish] a reasonable factual basis to show that the conduct of the witness occurred. The conduct may not be proved by extrinsic evidence. And I think the good faith basis is the fact that he was charged in a felony indictment and that hewas incarcerated on January 2nd of this year until May 11 of this year on that theft....

* * *

[THE STATE]: [In response] ... I would argue that there's ... nothing to indicate that there's anything probative of character trait under 5-608(b). That's all.

[THE COURT]: Okay. The defense has asked the court whether it may make inquiries of Mejicanos pertaining to a theft charge....

As the court reviews the statement of charges, it is alleged to relate to an incident where members of law enforcement stop a vehicle on or about January 2, 2007. The vehicle was not operated by Mr. Mejicanos. It was operated by afemale individual. Mejicanos was a passenger in that particular vehicle. Counsel has invited the court's attention to two [rules].

The court recited the text of Rules 5-616(a)(4), 5-608(b) and 5-403, ⁵ then stated:

[THE COURT]: It has been advanced by defense counsel that the charges that she wishes to elude [sic] to during the course of her cross examination of Mejicanos were nol[le] pros[s]ed by the State's Attorney's Office on or about May 10, 2007. And the court notes that a motions hearing in the instant case occurred on May 16, 2007. So the court is putting that on the record for purposes of its consideration of the request.

The court upon consideration of the arguments presented and the rules mentioned, at this time denies the request under Maryland Rules 5-403.

During direct examination, Mejicanos corroborated Nicolas's testimony and identified Petitioner as the individual whostabbed him. Following direct examination, a bench conference produced the following exchange among the court and counsel:

[DEFENSE COUNSEL]: The State did not bring out that Mejicanos is currently incarcerated. I would ask the court to inquire about that. Also under 5-616, because the State holds the key to his

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