Vaise v. State

Decision Date04 May 2020
Docket NumberNo. 2205,2205
PartiesMATTHEW STEPHEN VAISE v. STATE OF MARYLAND
CourtCourt of Special Appeals of Maryland

SPEEDY TRIAL - SIXTH AMENDMENT - EFFECT OF NCR PLEA CHANGE DURING TRIAL PREPARATION ON BARKER ANALYSIS.

In a complex murder case involving a defendant whose criminal responsibility was in question after he entered an NCR plea sixteen months into the parties' trial preparation, when the State was prepared to proceed to trial, the focus of speedy trial analysis under Barker v. Wingo, 407 U.S. 514 (1972), is on the NCR-related delay that occurred after the change in plea paused and then re-set the proverbial clock on trial preparation.

SPEEDY TRIAL - SIXTH AMENDMENT - EFFECT OF NCR EVALUATION ON TRIAL PREPARATION.

When a dispute arose about the defendant's criminal responsibility following an NCR diagnosis by psychiatrists at Clifton T. Perkins Hospital, a single NCR-related postponement taken by the State to conduct an independent evaluation of the defendant's criminal responsibility did not carry dispositive weight in the Barker analysis. Although further delay raised constitutional concern, the State was entitled to a reasonable opportunity for its expert to evaluate appellant. See Carey v, State, 299 Md. 17, 22 (1984); Goins v. State, 293 Md. 97, 107 n.7, 111 (1982).

SPEEDY TRIAL - SIXTH AMENDMENT - WEIGHT OF NCR-RELATED DELAY - LENGTH AND REASONS FACTORS UNDER BARKER.

NCR-related postponements were neutral in the Barker analysis because they afforded both parties a reasonable period to evaluate appellant's criminal responsibility. Alternatively, given the parties' mutual agreement to these evaluations, and that the State's sole NCR-related postponement did not cause as much trial delay as the NCR-related postponements requested by appellant, the length and reasons for NCR-related postponements requested by the defendant and the State offset each other.

SPEEDY TRIAL - SIXTH AMENDMENT - WEIGHT OF NCR-RELATED DELAY - ASSERTION OF RIGHT TO SPEEDY TRIAL AND PREJUDICE FACTORS UNDER BARKER.

Appellant's belated assertion of his right to a speedy trial and his failure to show prejudice weigh against him in the Barker analysis, where the State was prepared to proceed to trial when appellant changed his plea, defense counsel waited two years after his boilerplate request for a speedy trial to object and another four months to move for dismissal, the State's NCR evaluation triggered less trial delay than the NCR evaluation requested by appellant, there was no actual prejudice to appellant's case, and appellant's complaints about pretrial incarceration were undercut by the record.

Circuit Court for Baltimore City

Case No. 115072020

REPORTED

Reed, Shaw Geter, Raker, Irma S. (Senior Judge, Specially Assigned), JJ.

Opinion by Shaw Geter, J.

On January 29, 2015, the body of Stephen Vaise was discovered in his Baltimore home, lying in a pool of blood. After his death was ruled a homicide by gunshot, the State charged Stephen's son, appellant Matthew Stephen Vaise, with first-degree murder and use of a firearm in the commission of a crime of violence. Following a mistrial, appellant was re-tried over twelve days before a jury in the Circuit Court for Baltimore City, which convicted him of second-degree murder and use of a firearm in the commission of a crime of violence, and in a bifurcated proceeding, found him criminally responsible. Appellant was sentenced to thirty years for the murder, consecutive to twenty years for the firearm offense, without the possibility of parole during the first five years.

Appellant presents the following questions for our review:

1. Did the trial court err in allowing the State to introduce irrelevant and prejudicial other crimes evidence?
2. Did the trial court err in denying Appellant's motion to dismiss for violation of his right to a speedy trial?
3. Did the trial court err in refusing to grant Appellant's motion for mistrial when the State allowed a portion of Appellant's statement, which was supposed to have been redacted, to be played for the jury?

Concluding there was no error or abuse of discretion, we shall affirm appellant's convictions. In doing so, we shall examine the effect of appellant's change in plea to "not criminally responsible" on his Sixth Amendment right to a speedy trial.

BACKGROUND

Thomas Vaise ("Thomas"),1 who lived at 203 Riverview Road, Brooklyn Park, in Anne Arundel County, was close to his brother Stephen, whose only child was appellant. According to Thomas, approximately three weeks before January 29, 2015, Stephen brought appellant to Thomas' house. Stephen was upset and asked Thomas to let his son stay there overnight while Stephen was at work. Stephen explained that he was worried about appellant, who lived with him, because there were "some people" who were "after" appellant. While Stephen and Thomas were talking, appellant went into the basement and got a beer from the supply Stephen left at his brother's house. Thomas, who does not drink, refused to let appellant stay because he was already drinking alcohol.

At 3:33 p.m. on January 29, Baltimore City Police Officer Anthony Hargrove went to 4403 Prudence Street, in Baltimore, to conduct a well-being check for Stephen. This visit was prompted by a call from Stephen's employer, who reported that, uncharacteristically, he had not been to work for two days. The doors of the house were locked, and nothing looked abnormal about the residence.

A short time later that day, around 4:30 p.m., Thomas returned to his house from work, to find his front door open. When he entered, appellant was sitting in a chair, drinking a beer. Appellant wondered where his father was, saying he had not seen him for the past three days. When Thomas asked how appellant, who had not been given a key, got into his house, appellant answered that he came in through the open cellar door. AfterThomas found the molding along that door broken, he called the Anne Arundel County Police.

At 5:40 p.m., Corporal Brian Daughters2 arrived at Thomas' home to investigate a possible burglary. Thomas showed him the cellar door and explained the circumstances in which he found appellant.3

Appellant told Daughters that he came to his uncle's house looking for his father, whom he had been unable to contact. Appellant explained that he last saw his father around 9:00 p.m. on Monday, January 26, when he left his house following an argument between the two. When asked whether he contacted Baltimore City police, appellant claimed he did, but he was treated like he was crazy. Appellant did not trust the Baltimore City Police, and believed federal authorities should investigate.

Thomas then reported that he had just received two voice-mail messages from Stephen's employer stating that Stephen had not shown up for work, which was inconsistent with Stephen's record. Daughters requested an evidence collection unit at Thomas' residence to process the scene at Thomas' house while he drove appellant to Stephen's house in an effort to contact him. While driving to Stephen's residence, appellant told the officer that he had left his house key inside. Appellant claimed that whenhe returned to the house at 9:00 a.m. the morning after he and his father argued, he saw Stephen's car, but no one answered the door.

Stephen's red sedan was still parked at the house, covered in snow. While appellant waited in the police vehicle, Daughters checked outside the residence. Both front and back doors were locked, and there were no indications of a break-in.

When Daughters asked appellant whether someone else had a key, appellant suggested that his father's friend might have one. Around 6:40 p.m., they retrieved a key from that individual. During that encounter, appellant told his father's friend that he spent the last two evenings at Bloody Pond4, an undeveloped area popular for recreational off-roading vehicles.

Returning to Stephen and appellant's residence at 7:06 p.m., Corporal Daughters opened the back door and saw Stephen Vaise's body lying on the floor in the doorway between the kitchen and living room. A large pool of blood under his head had begun to coagulate, and the body was cold. He suffered seven gunshot wounds to his head and chest. In the living room were eight cartridge casings and one metal fragment.

The victim had bags of groceries in his hands and was surrounded by a lot of things, including a machete, a hammer, and five bullet shell casings. Police concluded that the machete, hammer, and casings were placed at the scene by the killer.

Police also found a note signed by appellant, dated January 26, 2015, stating: "This man is a crook who steals people's identities and murders people. He has associations with various LEAs and RICO with mafia ties." With the note was a business card for a private detective named Roland Miller. In addition, the electrical power for the house was turned off. The State later argued to the jury that "the crime scene's manipulated" and that appellant was the person who "would do that[.]"

At 12:34 a.m. on January 30, 2015, Detective Martin Young interviewed appellant following his waiver of rights. Over the course of seven hours, appellant stated he had valuable information for police but needed assurances of protection before disclosing it. According to appellant, he expected hundreds of people to be arrested and convicted based on what he knew.

Appellant had not seen his father in three or four days, since Monday, January 26th, around 9:00 or 10:00 p.m., when Stephen locked the door behind him. Since then, appellant had been spending his nights at Bloody Pond.

After calling his father's work and learning that he did not show up, appellant believed his father was murdered. Appellant called the Anne Arundel County Police to make a report and made inquiries about where his father could be on Tuesday and Wednesday; he also made a couple of trips to the house, but no one answered the door.

Appellant told the detective that at the time...

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