State Of Minn. v. Sontoya

• Decision Date: 16 September 2010
• Docket Number: No. A09-1480.,A09-1480.
• Citation: 788 N.W.2d 868
• Parties: STATE of Minnesota, Respondent, v. Michael Carrasco SONTOYA, Appellant.
• Court: Minnesota Supreme Court

788 N.W.2d 868

STATE of Minnesota, Respondent,

v.Michael Carrasco SONTOYA, Appellant.

No. A09-1480.

Supreme Court of Minnesota.

Sept. 16, 2010.

COPYRIGHT MATERIAL OMITTED.

Syllabus by the Court

1. The medical examiner's unobjected-to testimony that the victim was sexually assaulted did not result in plain error that affected appellant's substantial rights because there was no reasonable likelihood that the testimony had a significant effect on the jury's verdict.

2. Appellant's pro se arguments lack merit.

Lori Swanson, Attorney General, St. Paul, MN; and Susan Gaertner, Ramsey County Attorney, Mitchell L. Rothman, Assistant County Attorney, St. Paul, MN, for respondent.

David W. Merchant, Chief Appellate Public Defender, G. Tony Atwal, Assistant State Public Defender, St. Paul, MN, for appellant.

OPINION

DIETZEN, Justice.

Appellant Michael Carrasco Sontoya was found guilty by a Ramsey County jury of first-degree murder while committing first-degree criminal sexual conduct, and second-degree unintentional murder while committing first-degree assault, arising out of the death of G.R. on September 30, 2008. The district court entered judgment of conviction for first-degree murder while committing first-degree criminal sexual conduct, and sentenced Sontoya to life in prison without the possibility of release. On direct appeal, Sontoya argues that the medical examiner's expert testimony that G.R.'s injuries were due to sexual assault constituted reversible error that deprived him of a fair trial. Sontoya also asserts various pro se arguments. Because we conclude that Sontoya's arguments lack merit, we affirm.

At 6:48 a.m. on September 30, 2008, emergency personnel were dispatched to Sontoya's upper level duplex located in St. Paul in response to Sontoya's 911 call. Paramedics found G.R. fully dressed on the bedroom floor. She was not breathing; she had no detectable pulse; her body was cold and stiff; and her veins were flat. Sontoya told paramedics that G.R. was alive right before they arrived. Paramedics noticed blood on the floor and wall, as well as clotted blood in G.R.'s airway. The blood on the wall appeared to have been partially wiped away. Splatters of blood led from the bedroom through the hallway to the bathroom. Sontoya explained that there was blood on the walls and carpet because G.R. was menstruating. The paramedics found very little blood on G.R.'s clothing, but found dried blood in her umbilicus and fingernail beds.

Sontoya told emergency personnel that G.R. and he had been at a bar the previous evening, and then went to his duplex around 2:00 a.m., had sex, and went to sleep. When Sontoya awoke, G.R. was unresponsive; Sontoya called his brother, a police officer, who told him how to perform CPR, and told him to call 911.

Sontoya agreed to go to the St. Paul Police Department for further questioning. He was pat-searched, and his cell phone was seized and deposited as evidence in the property room. After waiving his Miranda rights, Sontoya was interviewed about 9:30 that morning and 2:30 that afternoon. He stated that during their sexual activity, he put two fingers inside G.R.'s vagina, and at her request he inserted his fist into her vagina. After their sexual activity, G.R. dressed herself and they went to bed. The medical examiner disputed Sontoya's version of events by testifying that had G.R. dressed herself, the blood pooled in her abdomen would have bled out onto her clothing. When Sontoya awoke shortly after 6:30 a.m., G.R. was unresponsive. He gave her a couple of breaths, and then called his brother for help. Sontoya denied having “rough sex” with G.R. and stated that the sex had been “totally consensual.”

Later that morning, police executed a search warrant at Sontoya's duplex. Police discovered large amounts of blood on the bedroom floor, walls, and carpeting, and vomit on the carpet. The medical examiner opined that G.R. vomited when she lost consciousness. Several bloody hand impressions were visible on the bedroom walls and were consistent with attempts to clean the wall with rags or paper towels. Sontoya admitted that he wiped some blood off the walls. Blood had soaked through the carpet, and there was blood on the top and bottom of the mattress and on the top of the box spring. Two nearby plastic bags held items of women's clothing that were bloody, and a wastebasket in the bathroom contained bloody paper towels.

The autopsy conducted that same day revealed a 14-inch laceration through the vaginal wall into the pelvic area and the abdominal cavity. G.R.'s bowel was disrupted, her diaphragm was hemorrhaged, her spleen and liver were lacerated, and her anal area was torn. Her arms were spotted with bruises caused by pressure of fingerprints, and there were nearly two dozen fresh bruises on her legs, including large areas of hemorrhage on her right hip and left buttock. Her scalp had 14 separate bruises that were inflicted shortly before her death. G.R. was menstruating, but was not experiencing a heavy discharge.

DNA from two or more persons was found on Sontoya's ring. The predominate DNA contributor was consistent with G.R.'s profile. Blood on G.R., the box spring and mattress, the bedroom wall, the bedroom door, a baseboard in the hallway, a paper towel in the bathroom wastebasket, and a shirt in one of the plastic bags contained DNA from one source consistent with G.R.'s profile. The vomit on the carpet also contained DNA consistent with G.R.'s profile.

Sontoya was indicted for first-degree murder while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence in violation of Minn.Stat. § 609.185(a)(2) (2008) and with unintentional second-degree murder while committing first-degree assault in violation of Minn.Stat. § 609.19, subd. 2(1) (2008).

At trial, the State presented testimony of emergency personnel, Sontoya's statements, the results of the autopsy, and DNA evidence. Also, a photograph of G.R. taken with Sontoya's cell phone at 5:40 a.m. that morning was submitted. In the photograph, G.R. was lying naked and unresponsive on the bedroom floor. But Sontoya did not call 911 until almost one hour later, and when emergency personnel arrived, G.R. was fully dressed.

Sontoya's defense was that the sex was consensual and G.R.'s injuries and death were accidental. He did not testify. The jury found Sontoya guilty of both charges. The district court entered judgment of conviction on the first-degree criminal-sexual-conduct murder verdict and sentenced Sontoya to life in prison without the possibility of release.

I.

Sontoya argues the medical examiner's unobjected-to expert testimony that G.R. was sexually assaulted constitutes reversible error, and therefore his conviction must be reversed and a new trial ordered.

We have discretion to review unobjected-to error under the plain error rule. Minn. R.Crim. P. 31.02; State v. Griller, 583 N.W.2d 736, 740 (Minn.1998). When prosecutorial misconduct is not alleged, the defendant has the burden of proving (1) an error, (2) that is plain, and (3) affects substantial rights. See Griller, 583 N.W.2d at 740 (citing Johnson v. United States, 520 U.S. 461, 466-67, 117 S.Ct. 1544, 137 L.Ed.2d 718 (1997)). If these three prongs are satisfied, we “assess[ ] whether [we] should address the error to ensure fairness and the integrity of the judicial proceedings.” Id.

An error is “plain” if it is clear or obvious. State v. Strommen, 648 N.W.2d 681, 688 (Minn.2002) (citing United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993)). Typically this is shown if the error contravenes case law, a rule, or a standard of conduct. State v. Ramey, 721 N.W.2d 294, 302 (Minn.2006). Substantial rights are affected when a plain error was prejudicial and affected the outcome of the case. Griller, 583 N.W.2d at 741. Plain error is prejudicial when there is a reasonable likelihood that the error had a significant effect on the jury's verdict. Id. The defendant bears a “heavy burden” of persuasion on this prong. Id.

The admission of an expert's opinion testimony generally rests within the discretion of the district court. State v. Moore, 699 N.W.2d 733, 739 (Minn.2005). Opinion testimony is not objectionable merely because it embraces an ultimate issue to be decided by the jury. Minn. R. Evid. 704. In exercising its discretion, the district court must examine whether the expert is qualified to express the opinion, and whether the opinion is helpful because it “will assist the trier of fact to understand the evidence or to determine a fact in issue.” See Minn. R. Evid. 702. Moreover, the district court must use special care to ensure that the jury understands that the defendant's presumption of innocence is maintained and that the jury is responsible for judging the credibility of the expert testimony. Moore, 699 N.W.2d at 739-40 (citing State v. Grecinger, 569 N.W.2d 189, 193 (Minn.1997)).

Previously, we have concluded that expert testimony is not helpful if the expert opinion “is within the knowledge and experience of a lay jury and the testimony of the expert will not add precision or depth to the jury's ability to reach conclusions....” State v. Helterbridle, 301 N.W.2d 545, 547 (Minn.1980). Thus, expert testimony is inadmissible if “the jury is in as good a position to reach a decision as the expert.” State v. Saldana, 324 N.W.2d 227, 229, 232 (Minn.1982) (concluding that a counselor's testimony that complainant was a victim of sexual assault and rape was error because the testimony was not helpful to the jury); see also Moore, 699 N.W.2d at 740; State v. Chambers, 507 N.W.2d 237, 239 (Minn.1993). Expert testimony may also be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury. See Minn. R. Evid. 403.

The testimony that resulted in the claimed error is indicated in italics below:

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