State v. Mazowski

• Decision Date: 15 February 2001
• Citation: 766 A.2d 1176,337 N.J. Super. 275
• Parties: STATE of New Jersey, Plaintiff-Respondent, v. Michael MAZOWSKI, Defendant-Appellant.
• Court: New Jersey Superior Court

766 A.2d 1176

337 N.J. Super. 275

STATE of New Jersey, Plaintiff-Respondent, v. Michael MAZOWSKI, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Submitted September 12, 2000.

Decided February 15, 2001.

Ivelisse Torres, Public Defender, attorney for appellant, (Kevin G. Byrnes, Designated Counsel, of counsel and on the brief).

Jeffrey S. Blitz, Atlantic County Prosecutor, attorney for respondent, (Jack J. Lipari, Assistant Prosecutor, of counsel and on the brief).

Appellant filed a pro se supplemental brief.

Before Judges SKILLMAN, CONLEY and LESEMANN.

The opinion of the court was delivered by

LESEMANN, J.A.D.

Defendant Michael Mazowski appeals from his conviction and sentence for third degree burglary and third degree theft. In addition to a number of claims which we find lack merit, defendant argues that the trial court erred in permitting the State to present evidence of his drug addiction and argue to the jury that the addiction constituted a motive for the offenses charged. We agree that reference to defendant's drug use violated the prohibition of N.J.R.E. 404(b) against using evidence of "other crimes" to demonstrate a propensity to commit further crime, and that the evidence was not admissible as "proof of motive." Thus, we reverse.

The burglary and theft in question occurred at the home of Denise and Warren Brandenberger in Mays Landing, where two stereo components, a pair of sunglasses and $700 in cash, were taken from the house. By checking local pawn shops, police were able to track the stolen articles, and they ultimately concluded it was defendant who had pawned them. Defendant was thereupon arrested and questioned. He was given his Miranda warnings and, according to the police, ultimately admitted to burglarizing the Brandenberger house. He was subsequently indicted and pleaded not guilty.

At trial, the prosecutor offered testimony that, during questioning, defendant had spoken of his "drug and alcohol problem" and said he had committed the burglaries "because he needed money." The prosecutor said that comment went to "motive," and thus was admissible under Evidence Rule 404(b). Defense counsel objected, claiming that any relevance from such evidence was outweighed by the prejudice which would redound to defendant. The court ruled, however, that "this shows his motive and it may be prejudicial, but I'm not convinced that it outweighs any other value that the statement may make."

Detective Paul Hoffman of the State Police was then asked whether there came a time "when you spoke to the defendant about drug and alcohol issues"? Detective Hoffman answered, "Yes." He said it was defendant who "brought it up" and he then said the following:

Well, the reason our conversation ran for hours, the reason—he said things were, you know, occurring. That he had a drug problem and he used cocaine and heroin, and at time he wouldn't sleep for days, then would start drinking alcohol and vodka would totally make his hands and fingers and arms cut and bleed. He just didn't believe he did everything that was being said by him and everything and it was a situation where he just said, I have a drug problem. I need help.

Defense counsel then moved for a mistrial, which was denied. The court said it would give the jury a limiting instruction, which it did as follows:

All right, ladies and gentlemen of the jury, I am going to permit this testimony concerning drug and alcohol problems that the defendant alleges that he had, not to show this defendant is a bad person. I am permitting it for your consideration for a very limited purpose. That is with respect to the motive, the statement alleged by the police witness, that the defendant, Michael Mazowski, suffered from both alcohol and drug abuse and I'm going to instruct you, that you are not to consider that for any other purpose other than, it was said by the defendant, and as to the issue of motive.

Now motive is not required to be proved by the State, however, if the State proves a motive and proves all of the essential elements of the offense beyond a reasonable doubt, then you may look to the defendant's motive. However, to consider this motive, you are only to consider it as it gives meaning to the surrounding circumstances. You are not to consider the motive that the defendant committed this offense. That's something you should not do.

They are not being introduced because—to show that he has a predisposition to commit the offense, only—but only as to the issue of motive. Motive again, don't consider the issue of drugs and alcohol, that this defendant committed this offense. It is only being introduced for the very limited purpose, to the issue of whether or not there was a motive.

Later, during the testimony of Police Officer Tappeiner, who had also participated in defendant's questioning, the following took place:

Q. Speaking to the defendant, did he ever make any statement as to his motivation for committing the burglary and the theft at the Brandenberger's house?

A. Yes.

Q. What did he say?

A. He stated that he had a drug problem.

The court then repeated, in a shortened form, the essence of the limiting instruction set out above.

Defendant testified in his own behalf. He denied the charges against him, and claimed that the pawn shop slip which had implicated him in the sale of the stolen articles had actually been signed in connection with the legitimate sale of a different article and had thereafter been altered to include the articles taken from the Brandenberger house. He also said he had never waived his Miranda rights, that he had been manipulated and coerced by the police, and that he had finally "confessed" only in order to gain some respite from police harassment.

On cross-examination, the prosecutor again raised the subject of defendant's drug problem. He asked what defendant had said to Detective Hoffman about his drug problem, whether the detective had offered him help, whether and when he had been involved in any drug treatment program, whether his was a "bad drug problem" and whether he had "a serious problem with drugs." Again, defense counsel objected and moved for a mistrial, but the objection and motion were overruled. The court did reject the prosecutor's attempt to ask defendant "what the cost of that problem was," but rejected defense counsel's argument that there was no indication defendant had been "on drugs" at the time of the Brandenberg burglary or that he had a current drug problem. The court also rejected counsel's argument that the State was "really trying to paint Mr. Mazowski as a bad person rather than trying to get whether he is guilty or innocent of charges."

Finally, in summation, the State further emphasized defendant's drug condition. At one point, the prosecutor said, "the defendant needed money." Later she said this:

What happened in this case, is entirely understandable, when you think of it as the actions of someone who is addicted to drugs. Addicts don't hold onto money, drugs or property for very long, if they're looking for money for it. The defendant in this case sold the stolen property, as any addict would, the day after.

In his objection to those statements, defense counsel characterized the State's argument as a claim that "all addicts need money, if he has an addiction therefore he's guilty. I think that's obviously not permissible...." The prosecutor, however, replied that,

I didn't say anything about his propensity to commit crime. He admitted to a drug problem, and that's his motive, motive for getting rid ... of the property quickly, for money is his motive. And I never said a word about propensity for—that he's a drug addict.

The court again overruled the objection and permitted the State's argument. In its final charge, the court repeated, in substance, the limiting instruction quoted above.

The jury apparently had some difficulty reaching its verdict. After deliberating for approximately two and one-half hours, it returned with a question concerning the disputed pawn slip. It then deliberated for another half hour before advising that, "we can't agree." After delivering a further charge requesting the jurors to continue its efforts, the court adjourned deliberations until the next day. When it resumed, the jury did reach a verdict, finding defendant guilty of both burglary and theft. Thereafter, the court sentenced defendant to concurrent extended terms of ten years, with five years parole ineligibility, on each of the two charges.¹ This appeal followed.

I

As a general rule, evidence of a criminal defendant's prior crimes or wrongdoing is inadmissible. The rule, now embodied in N.J.R.E. 404(b), is premised on the virtually self-evident proposition that such evidence is likely to impair the defendant's right to have a jury decide his guilt or innocence based solely on the relevant evidence presented at trial, free of the prejudice that such proof would likely inject into the proceeding. See State v. Stevens, 115 N.J. 289, 302, 558 A.2d 833 (1989); State v. Reldan, 185 N.J.Super. 494, 501-02, 449 A.2d 1317 (App.Div.), certif. denied, 91 N.J. 543, 453 A.2d 862 (1982).

As an exception to that general rule, however, evidence of prior crimes or wrongdoing may be admitted to establish some point at issue in the prosecution other than the defendant's propensity to commit crimes. The general rule and its exceptions are set out as follows in N.J.R.E. 404(b):

Evidence of other crimes, wrongs, or acts is not admissible to prove the disposition of a person in order to show that he acted in conformity therewith. Such evidence may be admitted for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident when such matters are relevant to a material issue in dispute.

The "other purpose" for which the State claims it may show defendant's drug addiction here is "proof of motive." Because defe...