117 A.3d 676
Md. Ct. Spec. App.2015Background
- Baker was arrested on November 8, 2013 and charged with second degree rape, second degree sex offense, fourth degree sex offense, second degree assault, and impersonating a police officer.
- He was convicted on all offenses in Cecil County Circuit Court and sentenced to a ten-year prison term.
- On appeal, Baker challenged: (1) admission of AT&T call records linking his phone to the victim, (2) the admissibility of his statement to the police, and (3) the prosecutor’s closing argument.
- The victim, A.O., alleged that Baker, posing as a police officer, coerced sexual acts during a July 18, 2013 rape at a Knights Inn; she later disclosed the assault to police, and identified Baker from a photo array.
- The circuit court admitted evidence about calls reflected in the AT&T records through Trooper Flaugher’s testimony as part of his investigation, but Baker’s defense objected, arguing lack of custodian authentication and hearsay concerns; on appeal, the court reversed on the sole issue of admissibility of the call records and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the call records admissible evidence linking Baker to the crime? | Baker | Baker | Call records inadmissible; circuit court erred. |
| Were the call records properly admitted as business records or hearsay? | State | Baker | Insufficient foundation for business records; not properly authenticated. |
| Did the trial court have to treat computer-generated records as non-hearsay without custodian testimony? | State | Baker | Court acknowledged computer-generated records can be non-hearsay but required proper foundation; here foundation lacking. |
Key Cases Cited
- State v. Simms, 420 Md. 705 (Md. 2011) (evidentiary rulings reviewed for abuse of discretion)
- Hajireen v. State, 203 Md. App. 537 (Md. Ct. App. 2012) (standard of review for admissibility of evidence)
- Donati v. State, 215 Md. App. 686 (Md. Ct. App. 2014) (business records foundation requirements; circumstantial authentication)
- Cooper v. State, 434 Md. 209 (Md. 2013) (Rule 5-703(b) basis for using evidence to illuminate expert testimony)
- State v. Bryant, 361 Md. 420 (Md. 2000) (foundational rules for business records and authentication)
- United States v. Lamons, 532 F.3d 1251 (11th Cir. 2008) (computer-generated data not hearsay when not relying on human declarant)