State v. Baca

• Court: New Mexico Supreme Court
• Writing for the Court: RANSOM; BACA, C.J., and FRANCHINI
• Citation: State v. Baca, 120 N.M. 383, 902 P.2d 65, 1995 NMSC 45 (N.M. 1995)
• Decision Date: 07 July 1995
• Docket Number: No. 21347,21347
• Parties: STATE of New Mexico, Plaintiff-Appellee, v. Alfred BACA, Defendant-Appellant.

Page 65

902 P.2d 65

120 N.M. 383

STATE of New Mexico, Plaintiff-Appellee, v. Alfred BACA, Defendant-Appellant.

No. 21347.

Supreme Court of New Mexico.

July 7, 1995.

[120 N.M. 385] Sammy J. Quintana, Chief Public Defender, Bruce Rogoff, Assistant Appellate Defender, Santa Fe, for appellant.

Tom Udall, Attorney General, Patricia A. Gandert, Assistant Attorney General, Santa Fe, for appellee.

OPINION

RANSOM, Justice.

Alfred Baca was convicted on one count of first-degree murder under NMSA 1978, Section 30-2-1(A) (Repl.Pamp.1994), one count of attempted first-degree murder under NMSA 1978, Section 30-28-1 (Repl.Pamp.1994), two counts of kidnapping under NMSA 1978, Section 30-4-1 (Repl.Pamp.1994), and one count of tampering with evidence under NMSA 1978, Section 30-22-5 (Repl.Pamp.1994). He appeals to this Court pursuant to SCRA 1986, 12-102(A)(2) (Repl.Pamp.1992), arguing that several trial errors denied him a fair trial. Finding that when viewed cumulatively the errors did deny Baca a fair trial, we reverse the convictions and remand for a new trial.

Facts. On May 26, 1991, ranch workers discovered the body of Baca's wife Geraldine in the middle of a ranch road near Tucumcari. The workers found Baca's three-year-old daughter Renee with her mother's body. Both Geraldine and Renee apparently had been run over by a car. Police investigators received information from Geraldine's parents that implicated Baca. At the hospital Renee told hospital workers that "Huero hit me and my nina." "Huero" is a nickname of Sergio Flores, who played in a band with Baca. Based on this information police investigators began searching for Baca and Flores.

The police found Flores in Texas. The undercarriage of Flores's car (also found in Texas) had blood, hair, and skin tissue on it. The police discovered a gun hidden under a cassette tape box in the back of the car. There was blood on the seatcovers and on an army blanket found in the back seat. Flores was arrested and charged with first-degree murder. Either prior to or concurrent with the arrest and search of Flores, the police also searched Baca's home in New Mexico and found blood on a rug and on a pair of broken eyeglasses. An autopsy revealed that Geraldine had been shot twice in the chest. The blood in the car, on the rug at the house, and on the eyeglasses matched Geraldine's blood type. Further, the hair on the undercarriage of the car matched that of Geraldine and Renee.

At trial there was differing testimony as to what Renee said and did while receiving medical care at the hospital. Several people visited Renee at the hospital, and she stated several times that "Huero" had hurt her. She also allegedly stated to Geraldine's brother that "Huero and daddy killed me and mama." A nurse standing about five feet from Renee at the time of the statement testified that she did not hear Renee say that Baca had hurt her. Several people testified that Renee was frightened when Baca visited her in the hospital. One nurse, however, testified that Renee cried when Baca left the hospital room, and another nurse testified that Renee laid her head on Baca's shoulder when Baca picked her up.

Flores remained in jail for over one year as the prime suspect in the murders. In the summer of 1992 he entered into a plea agreement with the prosecution. In exchange for his testimony against Baca, the State reduced Flores's charges to compounding a crime, harboring a felon, and tampering with evidence. Flores pleaded guilty to these crimes and received a five-year sentence, of which he had already served two years. Had he been convicted of the first-degree murder and the associated crimes, he possibly would have received a life sentence plus fifty-eight years. Also, as part of his plea agreement, Flores took a polygraph examination administered by the State, which he failed.

Using Flores's testimony, the State developed the theory that on May 25, 1991, Baca convinced Flores to go with him to Baca's home, where Baca proceeded to shoot his wife, to drive her and his daughter to a remote road, and to run over his wife and daughter with Flores's car. Specifically, the State introduced evidence that Baca and Flores were playing in a band together at a dance. At approximately 11:00 p.m. the band took an unusually long break, about forty-five minutes. According to Flores's testimony, Baca left the dance during the long break, drove home in Flores's car, and shot Geraldine. Renee saw Baca carry Geraldine from the house and load her into the car. Baca then took Renee, placed her in the back seat of the car, drove to the ranch road, and ran over Geraldine and Renee. Baca returned to the dance between 11:45 p.m. and midnight and finished playing with the band. Flores was the primary witness for the State.

Several other people testified that Baca left the dance during this break, but nobody other than Flores testified that Flores left. Baca produced evidence that Geraldine's mother, Mary Sandoval, spoke to her daughter at or near midnight on the night of the murder. After the dance, Baca and Flores went to a party at a friend's house. Flores left the party at 3:30 a.m., and he testified he drove to Texas about one-half hour later. Baca left the party at 5:00 a.m. Baca also produced evidence that he wore the same clothes after the alleged time of the murder and for most of the following day and that the clothes did not have blood on them. Flores admitted that his girlfriend washed his clothes when he went to Texas. Further, Baca produced evidence proving that at the time of Flores's arrest, Flores stated that he had not lent his car to anyone on the night of the murder.

Baca testified that, after the party, he went to his brother's house and slept for a few hours. He then returned home. Baca found his son sleeping on a couch but could not find Geraldine. Baca thought that his wife had left him because they had been having marital problems, caused in part by Baca's marital infidelity and in part by Baca's staying out too late. Baca did not notice anything unusual about the house. Baca cleaned up his son and the two of them went looking for Geraldine. They could not find her and decided to attend some Memorial Day activities with Baca's family. Baca was arrested that day for the murder of Geraldine but was released about ten minutes after his arrest because the police had found Flores in Texas. At the time of his arrest Baca stated that Flores probably killed Geraldine because Flores liked her and she did not like him. Baca was not arrested again until almost one year later.

Renee went to several therapists. After some fourteen months she visited with social worker David Breault who testified at trial that Renee expressed a fear of dogs because a dog bit her at the house where "they killed me." When a door slammed during the session with Breault, Renee appeared startled and asked, "My daddy doesn't know where we are, right?" Breault asked Renee if she was afraid of her father, and she shook her head yes. A few months later Renee met with another therapist, Judith Fuhrer. During an interview, Renee repeatedly stated that "they" hurt her or "they" killed her. Each time she was asked to clarify who she meant by "they", and each time she answered "Huero."

Proceedings. Baca was brought to trial for the murder. The court declared a mistrial, however, because of juror misconduct. Two months later Baca was tried again. Before this second trial the court ruled that all of its rulings in the first trial would govern the second trial.

Prior to the first trial the State had moved to exclude evidence of Flores's failed polygraph examination, arguing that they did not have notice of Baca's intent to use it. The trial court determined that technically Baca had not followed the steps for introducing a polygraph examination and thus excluded those results. The court also excluded all hearsay statements made by Renee (who did not testify) except those made in the hospital and those made to Breault. Baca objected to evidence of the statements made to Breault and attempted to introduce a video tape of the Fuhrer interview to rebut that testimony. The trial court excluded the video tape as inadmissible hearsay. Finally, the court excluded evidence of certain statements by Mary Sandoval as cumulative, as well as statements made by Flores while he was in jail under indictment for other murder charges in which he implied he had murdered Geraldine.

Lack of written notice of intent to use the results of Flores's polygraph examination should not have precluded admission into evidence. As part of plea negotiations between the State and Flores, the State arranged and administered a lie-detector test, which Flores failed. Baca attempted to introduce the test results into evidence in his own trial. The State objected on the grounds that Baca had not followed the procedural rules required for admission of a polygraph examination as set out in SCRA 1986, 11-707 (Repl.Pamp.1994). The trial court agreed and refused to admit the results of the polygraph test.

SCRA 11-707(D) states that "[a]ny party who intends to use polygraph evidence at trial[ ] shall not less than thirty (30) days before trial ... serve upon the opposing party a written notice of such party's intention to use such evidence." In addition to the written notice of intent, the party must serve a copy of the polygraph examiner's report; a copy of each chart made; a copy of any recording made of the pretest interview, actual testing, and posttest interview; and a list of any prior polygraph examinations taken by the examinee in the case. SCRA 11- 707(D)(1)-(4). Baca admits that technically he did not satisfy the notice of intent requirements of SCRA 11-707, but he argues that the State already had the documentation required with the notice because the State had performed the test. Baca also argues the State had notice of his intent to use the results because he...