State v. Green
| Decision Date | 24 June 2014 |
| Docket Number | No. 43632–9–II.,43632–9–II. |
| Citation | 182 Wash.App. 133,328 P.3d 988 |
| Court | Washington Court of Appeals |
| Parties | STATE of Washington, Respondent, v. Darlene Marie GREEN, Appellant. |
OPINION TEXT STARTS HERE
Lenell Rae Nussbaum, Attorney at Law, Seattle, WA, for Appellant.
Jeremy Aaron Morris, Kitsap County Prosecutor's Office, Port Orchard, WA, for Respondent.
¶ 1 Darlene Green appeals her first degree manslaughter conviction based on William Green's death from a gunshot to his face. Green, William's 1 wife of 57 years, initially stated to investigating officers that she shot William after he told, her to shoot him. Green later testified that William had shot himself, that she did not recall telling the police she had shot him, and that she could not explain why she told the police that she had done so. After a jury trial, Green was convicted of first degree manslaughter. Green argues that (1) under the corpus delicti rule, there was insufficient evidence independent of her incriminating statements to support her conviction; and (2) the trial court erred in ruling inadmissible under ER 702 an expert's testimony that posttraumatic stress disorder (PTSD) and battered person syndrome could explain why Green initially confessed to shooting William.
¶ 2 We hold that there was sufficient evidence independent of Green's incriminating statements to satisfy the corpus delicti rule. But we further hold that the trial court erred in excluding the expert's testimony under ER 702 because his testimony would have been helpful to the jury without invading their function and the Frye test does not apply to the expert's opinions. Accordingly, we reverse Green's conviction and remand for a new trial.
¶ 3 Green was 81 years old and had been married to William for 57 years. On June 18, 2010, Green called two of her sons and told them she had shot their father. One of the sons later testified that Green did not appear shaken or upset when she told him about the shooting.
¶ 4 Officers responded to the Green residence and found William deceased on the living room floor with a gun next to him. William had a bullet wound between his eyes. Detective Doremus examined the scene. Based on what he observed, he believed that William was leaning over the recliner when he was shot. Doremus observed black markings on William's right hand, suggesting that William was holding the gun with that hand when it discharged.
¶ 5 The officers observed Green wearing a blood-covered robe. Green appeared calm and told an officer that William had urged her to shoot him all day and that he had cocked the gun, but that she shot him. Green told another officer, 3 Verbatim Report of Proceedings (VRP) at 281. She also told him that she shot her husband. She said that William knew that she did not know how to load or operate the gun so he loaded it, cocked it, and told her where to shoot him.
¶ 6 After being arrested, Green told Detective Rodrigue that the night before the shooting, she and William had an argument. The next day, while Green was watching television, “out of the blue” William told her he was going to get his gun so she could shoot him. Clerk's Papers (CP) at 4. Green said that William came back to the living room with his gun, cocked the gun, held it up to his head, and handed it to her. Green said that she then shot him in the head. Rodrigue later testified that Green appeared calm when talking to him.
¶ 7 The State charged Green with second degree murder (Count 1) and, alternatively, first degree manslaughter (Count 2).
¶ 8 Green sought to present the expert testimony of Dr. Roland Maiuro, a clinical psychologist, who performed a psychological and forensic evaluation of Green. Green told Dr. Maiuro that she had been a victim of various forms of domestic violence and abuse by William for nearly ten years, since William had begun to experience health problems such as memory difficulties and dementia. Dr. Maiuro found that Green's psychological state and certain physical evidence was consistent with Green being a domestic violence victim. Test results also provided evidence that Green suffered from PTSD.
¶ 9 Dr. Maiuro developed two possible explanations for why Green might say that she shot her husband when she had not. First, he noted that persons in a state of shock sometimes partially dissociate or “step outside of themselves” and then later attempt to piece together what has happened. Suppl. Clerk's Papers (SCP) at 84. Based on what Green observed after the shooting, it may have appeared to her that she did shoot William. Green had reported to Dr. Maiuro, SCP at 84. Dr. Maiuro stated that Green's PTSD symptoms supported the interpretation that the shock of the incident explained her statements.
¶ 10 Second, Green reported to Dr. Maiuro that when William was violent and abusive, she would end up admitting that it was her fault and that she was to blame. Dr. Maiuro stated that the tendency to self blame is a “classically documented symptom of intimate partner abuse and domestic violence victimization.” SCP at 85. In Dr. Maiuro's opinion, Green had developed a mindset of inappropriately accepting blame and guilt because of William's severe and repeated abuse.
¶ 11 The State moved to exclude Dr. Maiuro's expert testimony. The trial court ruled that Dr. Maiuro was not permitted to testify regarding Green's “Battered Spouse Syndrome and PTSD insofar as it attempts to explain her inconsistent statements about the shooting.” SCP at 104. The trial court stated that Dr. Maiuro's opinion that PTSD might affect Green's perception of the incident was novel, but that even if it was generally accepted in the psychological community, the opinion was unlikely to be helpful to the jury because it was within the common knowledge of a layperson. The trial court also stated that Dr. Maiuro's testimony invaded the jury's duty to determine witness credibility. The trial court did not specifically address Dr. Maiuro's other opinion that because Green had developed battered person syndrome, she was susceptible to accepting blame for something she had not done.
¶ 12 Dr. Gina Mary Fino, a medical doctor with specialty training in forensic pathology, performed a forensic autopsy on William. She testified that based on the blood spatter and gunpowder residue, William's right hand must have been in very close proximity to the cylindrical gap of the gun. She believed it was possible that William had his right hand around the gun cylinder, which was consistent with bruising on that hand. Kathy Geil, a firearm examiner, agreed that William's right hand probably was on the cylinder.
¶ 13 Regarding William's left hand, Dr. Fino testified that based on the blood spatter, that hand would have been in close proximity to the wound. In addition, there was a gap on William's left thumb where there was no blood. Dr. Fino did not explore the cause of this blood gap, and Geil could not determine where William's left hand was at the time of the shooting. Dr. Fino testified that the spatter evidence was consistent with the theory that someone besides William pulled the trigger. Specifically, she did not find anything inconsistent with Green's statement that she shot her husband. On the other hand, Dr. Fino did not rule out the possibility of suicide. She stated that there was no evidence in the autopsy that conclusively pointed to the manner of death.
¶ 14 Detective Doremus testified regarding his opinion of what had occurred. He believed that the left thumb more likely was on the outside of the trigger guard. He testified that if the thumb had been inside the trigger guard, there would have been a void around the entire thumb. The State argued that based on this testimony, William could not have pulled the trigger.
¶ 15 Green called Kay Sweeney, a forensic scientist, to testify. Sweeney agreed that the pattern of blood stains on William's right hand was consistent with his hand being on the cylinder gap of the gun. Sweeney looked at photographs of William's left hand and examined the blood spatter on it. He believed that the presence of a void in the blood staining on William's left hand suggested that William's left thumb was in the trigger guard and on the trigger at the time of blood flow. Green also called Dr. Donald Reay, a forensic pathologist, to testify. He testified that the blood void on William's left thumb was consistent with the thumb being inside the trigger guard.
¶ 16 At trial, Green testified that she did not shoot William. She stated that William came out of his bedroom with a gun and asked her to shoot him. She refused and told him to put the gun away. Instead, William stood in front of her, put the gun to his forehead, and told Green to look up. When she looked she saw a big ball of white stars and then William fell onto her legs. Green testified that she never put her hands on the gun.
¶ 17 When asked about her statements following the shooting, Green testified that she did not recall calling her sons or making statements to law enforcement officers. She also stated that she had no recollection of what she told her sons or the officers. Green testified that she could think of no reason why she would tell her sons or the officers that she had shot William.
¶ 18 Green sought to testify about her domestic violence history, arguing that it was relevant to show that shortly before the shooting William was irrational and was acting strange. The State objected, arguing that the testimony had no relation to the shooting and that Green was not asserting self-defense. Green also sought to ask...
To continue reading
Request your trial
-
State v. Ray
...cannot be admitted at all if the victim testifies, even where the expert testifies only in general terms. And in State v. Green , 182 Wash. App. 133, 147, 328 P.3d 988 (2014), we more recently held that expert testimony on the general behaviors of victims of domestic violence "would not hav......
-
State v. Cardenas-Flores
...the State has the burden of proving the “corpus delicti” of that crime—i.e., that some crime actually occurred. State v. Green , 182 Wash.App. 133, 142, 328 P.3d 988, review denied , 181 Wash.2d 1019, 337 P.3d 325 (2014). Under the corpus delicti rule, the “defendant's incriminating stateme......
-
State v. Sprague
...at 658, 927 P.2d 210 ). Our review of the sufficiency of the evidence for purposes of corpus delicti is de novo. State v. Green , 182 Wash. App. 133, 143, 328 P.3d 988 (2014).¶ 33 In Cardenas-Flores , the Supreme Court also reiterated that Washington has rejected a more relaxed "trustworthi......
-
In re Pers. Restraint of Williams
...accepted that mental disorders, and specifically PTSD, are beyond the ordinary understanding of laypersons. State v. Green, 182 Wn. App. 133, 146, 328 P.3d 988 (2014). In State v. Ciskie, 110 Wn.2d 263, 280, 751 P.2d 1165 (1988), for example, the Supreme Court held that admitting testimony ......