State v. Laeda
| Decision Date | 28 November 2006 |
| Docket Number | No. 27134.,27134. |
| Citation | 201 P.3d 607,120 Haw. 94 |
| Parties | STATE of Hawai`i, Plaintiff-Appellee, v. Wayne C. LAEDA, Defendant-Appellant. |
| Court | Hawaii Court of Appeals |
Defendant-Appellant Wayne C. Laeda (Laeda) appeals from the Amended Judgment of Conviction and Sentence entered on February 4, 2005 in the Circuit Court of the Third Circuit1 (circuit court). A jury found Laeda guilty of three counts of Promoting a Dangerous Drug in the First Degree, in violation of Hawaii Revised Statutes (HRS) § 712-1241(1)(b)(ii)(A) (Supp.2003), and three counts of Prohibited Acts Related to Drug Paraphernalia, in violation of HRS § 329-43.5(a) (1993).
On appeal, Laeda contends:
(1) The circuit court abused its discretion by denying his December 6, 2004 Motion for a New Trial and erred when it
(a) concluded that Hawaii Rules of Evidence (HRE) Rule 606(b) prohibited the court from considering the affidavit of Juror No. 11 because the affidavit clearly demonstrated that Juror No. 7 had acknowledged his own incompetence and stated his inability to participate in deliberations;
(b) noted that the in-court statements of Juror No. 7 and the jury foreperson were not made under oath; and
(c) orally found that "Juror Number Seven stated that he participated in juror deliberations and that his verdict was reflected in the jury's verdict."
(2) The incompetence of Juror No. 7 rendered the juror unable to participate in deliberations, thus substantially prejudicing Laeda's rights to a unanimous verdict under the Sixth Amendment to the United States Constitution and Article I, §§ 5 and 14 of the Hawai`i Constitution.
On November 6, 2003, the State filed an indictment against Laeda, charging him with four counts of Promoting a Dangerous Drug in the First Degree (Counts I, III, VI, and IX); four counts of Prohibited Acts Related to Drug Paraphernalia (Counts II, V, VIII, and XI); and three counts of Conspiracy to Commit Promoting a Dangerous Drug in the First Degree, (Counts IV, VII, and X).2
On November 15, 2004, the circuit court conducted jury selection. Trial began on November 16, 2004.
The Informant who had assisted the County of Hawai`i Police Department (CHPD) in the investigation of Laeda testified first. Informant testified that in January 2003 she entered into an agreement with the State to reduce her jail time for drug charges by making drug buys of crystal methamphetamine (ice) until CHPD could make an arrest. Informant testified that she first met Laeda in May 2003 through her boyfriend. She assisted CHPD in setting up four drug transactions involving Laeda and described in detail what occurred prior to, during, and after each of the following drug transactions:
(1) The first transaction occurred in June 2003. Informant made arrangements with Laeda to purchase one-half ounce of ice for $1,300. Prior to her buy, CHPD provided Informant with a body wire and $1,300 in cash. After Informant arrived at Laeda's residence, Laeda's friend, Ludy, brought the ice. Ludy gave Informant a quarter ounce of ice, and Informant gave Ludy $600. Laeda was present during the exchange.
(2) On July 11, 2003, Informant purchased a quarter ounce of ice for $600. She called Laeda, who told her to call his friend. Informant called the friend and arranged a meeting. Prior to the buy, HCPD gave Informant the body wire and $600 in cash. Informant met with a young boy, who gave her the drugs, and she gave the young boy the money.
(3) The third transaction occurred on September 2, 2004. Informant called Laeda; whoever answered the call told her that he would meet her. Informant wore the body wire to the meeting, and Ludy showed up, gave her the drugs, and took her $600.
(4) Informant arranged a fourth transaction in September 2004. Informant called Laeda, and Laeda told her to call his brother, Ronald.
Detective Correia testified that he worked with Informant on the Laeda investigation and corroborated Informant's accounts of the four drug transactions. Detective Correia testified that the fourth transaction was a "buy-bust" on September 12, 2003 (buy-bust), at which CHPD arrested Ronald. Detective Correia arrested Laeda shortly after the buy-bust.
Officer Hironaka testified that he had been involved in the investigation of Laeda and had been responsible for the recovery of the evidence at the buy-bust. An evidence custodian from CHPD testified regarding the storage of the evidence from the buy-bust. A special agent from the Drug Enforcement Administration (DEA) testified as to his role in the Laeda investigation. A DEA chemist also testified. Lieutenant Kanehailua testified regarding the buy-bust and the use of ice and confidential informants.
After the State rested, Laeda called Informant and Detective Correia to testify. Laeda also testified regarding the events surrounding his arrest. He denied that his voice was the one on the tapes made by Informant and stated that he had spoken to Informant only once and that was in person. Laeda explained that the cash recovered from the safe in his house was used in his business of purchasing used automobiles for resale purposes.
On November 23, 2004, the trial judge instructed the jury, and the parties gave their closing arguments. Later that afternoon, the jury foreperson sent a communication to the court reading The circuit court responded that "[a]t this juncture, this is a matter that the jurors have to resolve among themselves." Later the same day, the jury foreperson sent another message to the court, stating that
The circuit court convened to discuss this last jury communication with the parties and then brought in Juror No. 7. Juror No. 7 stated that he had a "bad memory"; with "everybody speaking," he could not "remember what's been said"; and this had occurred throughout his lifetime. The circuit court noted that Juror No. 7 seemed to be "responding okay to [the court's] questions," and Juror No. 7 answered that was because he was responding to "one person." Juror No. 7 stated: , and "I cannot make a decision" because "I don't understand what's going on all the time." The State questioned Juror No. 7, asking him if it would help if only one person were to talk at a time. Juror No. 7 responded in the affirmative. Defense counsel declined to question Juror No. 7. Neither the State nor defense counsel sought to have Juror No. 7 removed. The parties agreed instead to ask the jurors to speak slowly and one at a time so Juror No. 7 could better follow the deliberations. The circuit court then transmitted the following written message to the jury:
On November 24, 2004, the jury found Laeda guilty of three counts of Promoting a Dangerous Drug in the First Degree (Counts I, III, and VI) and three counts of Prohibited Acts Related to Drug Paraphernalia (Counts II, V, and VIII) and acquitted Laeda of Counts IX (Promoting a Dangerous Drug in the First Degree) and XI (Prohibited Acts Related to Drug Paraphernali). At the request of defense counsel, the circuit court polled the jury and separately questioned Juror No. 7 again. The circuit court asked Juror No. 7 what was his understanding of the verdicts returned by the jury. Juror No. 7 answered, "[t]hey decide to let me stay with them." The circuit court then directly asked Juror No. 7, "[d]id you decide whether defendant's guilty or not guilty?" Juror No. 7 responded, "[y]es I did." The court asked, "guilty or not guilty?" Juror No. 7 responded "[g]uilty" and affirmed that verdict as to all counts where the jury found Laeda guilty. Neither Laeda nor the State objected at that time, although defense counsel maintained that he would be appealing the verdict.
On December 6, 2004, Laeda moved for a new trial based, in part, on the purported misconduct of Juror No. 7. The motion was supported by an affidavit sworn by Juror No. 11, who stated that Juror No. 7 admitted to not understanding the proceedings during trial and informed the other jurors that he would follow the other jurors' decision.3 On December 15, 2004, the State filed its opposition. At the December 23, 2004 hearing, the circuit court denied the motion.
Prior to Laeda's sentencing, the State filed motions for mandatory terms of imprisonment and for extended terms of imprisonment. On January 19, 2005, the circuit court sentenced Laeda to the following:
Counts I, III, and VI: twenty years of imprisonment as to each count, with a mandatory minimum of six years and eight months under HRS § 706-606.5 [(Supp. 2005)] and a mandatory minimum of ten years under HRS § 712-1241(3) ([Supp.] 2002) as to each count.
Counts II, V, and VIII: five years of imprisonment as to each count.4
The circuit court filed its Amended Judgment of Conviction and Sentence on February 4, 2005. Laeda timely appealed.
As a general matter, the granting or denial of a motion for new trial is within the sound discretion of the trial court and will not be disturbed...
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