State v. Castellanos, 64358-0

• Court: United States State Supreme Court of Washington
• Citation: 935 P.2d 1353,132 Wn.2d 94
• Decision Date: 08 May 1997
• Docket Number: No. 64358-0,64358-0
• Parties: The STATE of Washington, Respondent, v. Edelmira G. CASTELLANOS, Appellant.

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132 Wn.2d 94 935 P.2d 1353 The STATE of Washington, Respondent,
v.
Edelmira G. CASTELLANOS, Appellant. No. 64358-0. Supreme Court of Washington,
En Banc. Argued March 26, 1997.
Decided May 8, 1997.

Page 95

George P. Trejo, Jr., Yakima, for appellant.

Richard L. Weber, Okanogan County Prosecutor, Okanogan, for respondent.

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SANDERS, Justice.

The trial court allowed the jury unrestricted access to audio tapes of a drug buy and a playback machine during deliberations. The defendant was convicted, the Court of Appeals affirmed, and so do we.

[935 P.2d 1354] FACTS

A jury convicted Edelmira Castellanos of two counts of delivery of a controlled substance (marijuana) in violation of RCW 69.50.401. She was sentenced accordingly by the trial court. The facts are straightforward.

On February 5, 1993 a confidential informant working for the North Central Washington Narcotics Task Force purchased one ounce of marijuana from defendant and her son, Roberto Barrera. The confidential informant wore a body wire, enabling a task force officer to record the conversation. On February 9, 1993 the informant again purchased nine one-eighth ounce bags of marijuana from defendant and Barrera. The informant again wore a body wire. The Task Force again recorded the transaction. Police later arrested both defendant and her son, charging each with delivery of a controlled substance.

Castellanos claimed at trial that, although she was with her son on both dates, she did not engage the informant in a drug transaction. The trial court admitted the body wire tapes into evidence without objection. The State played the tapes for the jury in open court as the informant testified what transpired. The sound quality of the recording was poor. In addition to the informant's narrative, the jury followed transcripts of the tape; however, these transcripts were not offered into evidence. Castellanos did not object to the jury's use of the transcripts. Neither the tapes nor the transcripts are part of the record before this court.

The defendant objected to the submission of the audio tapes and tape player to the jury during deliberations. She argued the jury's potential repeated review of the audio tapes could cause it to unduly emphasize the taped

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material. However the trial court disagreed, allowing unrestricted jury access to the tapes and playback machine during its deliberations. The court reasoned, because the taped material was nontestimonial, the jury could review the tapes at its discretion like any other piece of evidence. The Court of Appeals affirmed, finding the trial court did not abuse its discretion. State v. Castellanos, 82 Wash.App. 204, 208, 916 P.2d 983 (1996). We granted review. State v. Castellanos, 130 Wash.2d 1008, 928 P.2d 415 (1996). ISSUE PRESENTED

The sole issue on review is whether the trial court abused its discretion by allowing the jury to take audio tapes of the drug transaction with a playback machine into the jury room during deliberations.

ANALYSIS STANDARD OF REVIEW

Decisions involving evidentiary issues lie largely within the sound discretion of the trial court and will not be reversed on appeal absent a showing of abuse of discretion. Maehren v. City of Seattle, 92 Wash.2d 480, 488, 599 P.2d 1255 (1979). An abuse of discretion occurs only when no reasonable person would take the view adopted by the trial court. State v. Huelett, 92 Wash.2d 967, 969, 603 P.2d 1258 (1979).

JUROR ACCESS TO TAPES AND EQUIPMENT

Rule 6.15(e) of the Superior Court Criminal Rules provides when the jury retires for deliberation, it "shall take with it the instructions given, all exhibits received in evidence and a verdict form or forms." Neither the Rules of Evidence nor the Superior Court Criminal Rules specifically address whether a jury may have unlimited access to audio tape exhibits and playback equipment during deliberations; however, exhibits taken to the jury room generally may be used by the jury as it sees fit.

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Castellanos contends the trial court's decision interfered with "the fundamental guarantees[935 P.2d 1355] associated with a jury trial." Pet. for Review at 4. She argues, because the trial court surrendered the use of the playback machine to the jury, and retained no control over the number of times the jury listened to the recordings, there was danger the jury would give undue emphasis to the tapes.

However in State v. Frazier, 99 Wash.2d 180, 188, 661 P.2d 126 (1983) this court held "a tape recorded statement of the defendant and a properly authenticated transcript thereof may, within the sound discretion of the trial court, be admitted as exhibits and reviewed by the jury during its deliberations." At issue in Frazier was a tape recording of an oral statement the defendant had previously given the police. We stated "such exhibits [may] go to the jury if, in the sound discretion of the trial court, the exhibits are found to bear directly on the charge and are not unduly prejudicial." Id. at 189, 661 P.2d 126. We concluded:

It does not appear to us that the admission of a tape recording as an exhibit, in and of itself, overly emphasizes the importance of that evidence. Nor is its admission in any way an impermissible comment on the evidence by the judge. Since the jury could have refreshed its recollection of the contents of the taped statement by rehearing the tape in open court with the trial judge's permission ... we see no reason to automatically prevent the jury from taking such exhibits into the jury room. While trial court judges should continue to be aware of the potential for overemphasizing the importance of such evidence and should prevent such exhibits from going to the jury if unduly prejudicial, we...