State v. Reis

• Decision Date: 10 February 2003
• Docket Number: No. 2001-173-C.A.,2001-173-C.A.
• Citation: 815 A.2d 57
• Parties: STATE v. Brian E. REIS.
• Court: Rhode Island Supreme Court

815 A.2d 57

STATE v. Brian E. REIS.

No. 2001-173-C.A.

Supreme Court of Rhode Island.

February 10, 2003.

Present: WILLIAMS, C.J., LEDERBERG, FLANDERS, and GOLDBERG, JJ.

Annie Goldberg, Aaron Weisman, Providence, for plaintiff.

Janice M. Weisfeld, Paula Rosin, Providence, for defendant.

OPINION

WILLIAMS, Chief Justice.

In this appeal, the defendant, Brian E. Reis (Reis), asks this Court to set aside his 1999 conviction of conspiracy to possess more than five kilograms of marijuana. The defendant argues that the trial justice erred in (1) admitting evidence of previous similar drug transactions between Reis and his alleged coconspirator, and (2) denying his motion for judgment of acquittal on the conspiracy charge.¹ We disagree and affirm the judgment of the Superior Court. The facts pertinent to this appeal are as follows.

I

Facts and Travel

On March 12, 1998, the Federal Express Drug Interdiction Team² asked Detective David Palmer (Det. Palmer) of the Rhode Island State Police (state police) to bring hisnarcotics-sniffing canine to the Federal Express building in Warwick, Rhode Island, to inspect a parcel that they suspected contained narcotics. The canine, which is trained to detect marijuana, cocaine, crack and heroin, sniffed several packages and positively indicated that the suspected parcel contained narcotics.³ The package was addressed to Matthew Sepe (Sepe) at a Cranston address and it had a telephone number on the mailing label. It bore a return address from Robert Sepe in Tucson, Arizona, also with a telephone number. Detective Palmer determined, however, that neither of these telephone numbers corresponded to the addresses on the mailing label. Therefore, based on the canine's positive indication that the package contained narcotics and the false information contained on the mailing labels, Det. Palmer obtained a warrant to search the package. Detective Palmer, along with state police Detective Joseph Dubeau (Det. Dubeau), opened the package and found thirteen two-kilogram "bales" of marijuana heavily wrapped in cellophane.

After opening the package, Det. Dubeau disguised himself as a Federal Express delivery agent. He and several other members of the interdiction team rode in a replica of a Federal Express delivery van to the Cranston address printed on the mailing label of the package. When they arrived, Sepe was outside of his car waiting for the package. Express, UPS and Airborne Express locations and inspects suspicious packages that are sent to Rhode Island from other places.Detective Dubeau, who was outfitted with a Kel-Kit⁴ transmitter, approached Sepe and asked him to show a license and sign for the package, which Sepe did. Detective Dubeau then went back to the van, retrieved the package and gave it to Sepe. As Sepe took possession of the package, the officers hiding in the Federal Express van rushed out and arrested him.

After reading Sepe his rights, Det. Palmer pulled him aside to question him privately. Sepe initially denied knowing what was in the package, but eventually admitted to Det. Palmer that he knew of the package's contents and he was supposed to pick it up and deliver it to Reis. Sepe said that Reis was waiting for him in a black Chevrolet Blazer at the Honey Dew Donuts on Reservoir Avenue. Two officers then drove to the Honey Dew Donuts and confirmed that there was a person in a black Chevrolet Blazer waiting in the parking lot.

Detective Palmer devised a plan in which he would hide under a blanket in the back seat of Sepe's car, and Sepe, who would be outfitted with the Kel-Kit, would get out of the car and meet Reis as planned. Sepe would then explain that Reis would have to pick up the package himself because Sepe's aunt was ill. Sepe and Det. Palmer proceeded with the plan, but upon hearing Sepe's story about his aunt, Reis asked whether the police were onto them. Sepe indicated that the police were involved and Reis ordered him to get back in his car and drive to Westerly. Sepe returned to his car and the police moved in and arrested Reis.

A grand jury charged Reis and Sepe with conspiracy to possess more than five kilograms of marijuana and conspiracy to possess marijuana with intent to deliver.Additionally, the Grand Jury charged Sepe with possession of more than five kilograms of marijuana. The Attorney General entered into an agreement with Sepe in exchange for his testifying against Reis and pleading nolo contendere to the reduced charges of conspiracy to possess less than five kilograms of marijuana and conspiracy to possess the same with intent to deliver. Sepe received a suspended sentence of eight years for each count, plus eight years of probation to run concurrently. At trial, a jury found Reis guilty of conspiring with Sepe to possess more than five kilograms of marijuana and found him not guilty of the charge of conspiring with Sepe to possess more than five kilograms of marijuana with intent to deliver.

Reis timely appealed. In his prayer for relief, Reis asserts that the trial justice erred by (1) admitting evidence of prior drug delivery transactions between Reis and Sepe, and (2) denying his motion for judgment of acquittal.

III

Evidence of Prior Transactions

"It is well established that `the admissibility of evidence is within the sound discretion of the trial justice, and this Court will not interfere with the trial justice's decision unless a clear abuse of that discretion is apparent.'" State v. Andreozzi, 798 A.2d 372, 374-75 (R.I.2002) (quoting Malinowski v. United Parcel Service, Inc., 792 A.2d 50, 53 (R.I.2002)). In this case, the trial justice admitted evidence of Reis's and Sepe's previous drug delivery transactions pursuant to Rule 404(b) of the Rhode Island Rules of Evidence. We will reverse the trial justice's ruling only if we find that he abused his discretion in applying Rule 404(b)'s exception to the prohibition of evidence of other bad acts. See Andreozzi, 798 A.2d at 374-75

.

"It is well settled that evidence of past, uncharged criminal behavior of an accused is generally inadmissible in a criminal trial to prove a defendant's propensity to commit the crime charged." State v. Pratt, 641 A.2d 732, 742 (R.I.1994) (citing State v. Brigham, 638 A.2d 1043, 1044-45 (R.I.1994)). This is because the recognition that the "prejudicial effect of such evidence has been traditionally viewed as outweighing its probative value by acting to predispose jurors to believe a defendant's guilt." Id. (citing State v. Colvin, 425 A.2d 508, 511 (R.I.1981)). Additionally, admitting this kind of evidence presents the risk that jurors might convict a defendant for a crime other than the one being charged. See id. (citing State v. Jalette, 119 R.I. 614, 624, 382 A.2d 526, 531-32 (1978)).

Rule 404(b) represents an exception to the above-stated general rule. See id. The rule allows the admission of prior bad acts if they are "`interwoven' with the offense charged." Pratt, 641 A.2d at 742 (quoting State v. Brown, 626 A.2d 228, 233 (R.I. 1993)). Past bad acts are also admissible to prove a defendant's "motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident." Id. (quoting Rule 404(b)). To protect against concerns raised in the previous paragraph "the trial justice must carefully weigh the probative value of the evidence against the danger of unfair prejudice * * *." Id. If the trial justice determines that the probative value does outweigh the prejudicial effect, he should offer "a specific instruction [to the jury] as to the limited purpose for which the evidence is being introduced." Id. (quoting State v. Chartier, 619 A.2d 1119, 1123 (R.I.1993)).

In the instant case, the trial justice allowed Sepe to testify at trial about his previous drug transactions with Reis. Specifically, Sepe testified that he had performedsimilar operations with Reis on two separate occasions. The first such instance was in December 1997, when Reis contacted Sepe and directed him to pick up a Federal Express package sent from Arizona that contained marijuana. Sepe picked up the package that Reis had address to him. Sepe met Reis at a restaurant in Westerly, Rhode Island, across the street from Reis's home. Reis was waiting in a black Chevrolet Blazer. After signaling to Reis that he had picked up the package, Sepe drove to Reis's home and made the delivery. In exchange for the delivery services, Reis gave Sepe $300 and four ounces of marijuana.

Sepe went on to testify that Reis repeated the process in February 1998. This time, however, the Federal Express package was larger than the previous package and Sepe delivered it straight to Reis's house without meeting him beforehand. Once again, Sepe received money and marijuana for his services.

Before trial, Reis sough to preclude any evidence regarding prior transactions in his motion in limine. He alleged that these previous dealings with Sepe were completely different from the March 1998 deal between the two because they were to meet in Cranston rather than in Westerly. Therefore, according to Reis, the Rule 404(b) exception to the inadmissibility of prior bad acts should not apply. We disagree.

There were at least three transactions between Reis and Sepe. All three times Sepe picked up a Federal Express package containing marijuana. Each time the package had an Arizona return address and Sepe was to deliver the package to Reis. Furthermore, Sepe received money and marijuana in consideration for his services in December 1997 and February 1998, and he testified that he would have been paid in the same manner had he not been arrested by the police. It is apparent to this Court that the three separatetransactions between Sepe and Reis are interwoven and represent a common scheme or plan. We do not think the differences in the meeting places change the fact that each transaction was essentially a repeat of the previous one. Furthermore, the trial justice properly issued...