Bamberg v. State
308 Ga. 340
Ga.2020Background
- On January 18, 2008, Allison “Nikki” Bamberg was shot to death while stopped on Highway 221; Damon Bamberg and his mother Sonya were later indicted and convicted of murder and related offenses after an August–September 2009 jury trial.
- Key evidence included: prior threats and alleged solicitation to kill Nikki, a life-insurance policy naming Sonya as beneficiary, a calendar marking the date, surveillance showing the parties leaving a convenience store together, recovered .45-caliber magazines/parts, missing Hi‑Point .45 pistol, and Damon’s jailhouse statements to inmates describing the shooting and that Sonya drove.
- Burtis Taylor, a jailmate, testified about conversations with Sonya (including that she was in the vehicle when Damon shot Nikki) and later about Sonya’s directions to hide firearm parts; Taylor also acknowledged prior criminal convictions and prior limited assistance to police.
- After conviction, the transcript of the first day of trial was discovered to be largely missing; the State conducted a reconstruction hearing in 2017 calling the five original witnesses from day one plus the prosecutor and the clerk; the trial court adopted the reconstructed transcript and denied new trials and motions to reopen.
- On appeal the Bambergs challenged: (a) sufficiency of evidence (Damon), (b) adequacy of the reconstructed transcript and denial of a new trial, (c) denial of motions to reopen based on an unverified “transcription” of a television program alleging government misconduct, (d) Confrontation/Bruton and trial-judge-comment claims. The Supreme Court of Georgia affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence (Damon) | Timeline/log shows he was at Montgomery Co. sheriff’s office when killing occurred; evidence largely circumstantial so State must exclude every reasonable hypothesis but did not. | State: evidence included Damon’s detailed confession to a cellmate and corroborating physical and circumstantial evidence; jury could reject alternative hypotheses. | Affirmed; evidence (including confession) was sufficient; Jackson review satisfied. |
| Reconstruction of missing first-day transcript | Bambergs: loss of original transcript deprived them of right to appeal and required a new trial. | State: followed OCGA §5‑6‑41 and Mosley/related precedent; called original witnesses and others; trial court properly adopted reconstructed record; Bambergs declined to meaningfully participate. | Affirmed; reconstruction procedures were adequate and adoption appropriate; appellants failed to show incompleteness. |
| Motion to reopen based on TV-show "transcription" alleging Taylor was a State agent (Massiah/Brady/Giglio/Napue claims) | Damon: unverified TV-material shows Taylor acted as government agent to elicit statements and State suppressed/used agent. | State: the alleged transcription is hearsay, unverified, dramatized; trial testimony showed Taylor acted independently and received no promises; no admissible new evidence. | Affirmed; trial court did not abuse discretion in denying reopening; TV transcription inadmissible and insufficient to require new trial. |
| Confrontation Clause / trial-judge comments (Damon and Sonya) | Damon: admission of Taylor’s testimony recounting Sonya’s statement violated Confrontation (Crawford/Bruton). Sonya: judge’s courtroom remarks amounted to opinion on evidence under former OCGA §17‑8‑57. | State: Damon failed to object at trial so claim not preserved; Sonya failed to object so review is only for plain error and the comments were proper trial control/clarification. | Affirmed: Damon’s Confrontation claim not preserved; Sonya failed to show plain error—comments were permissible and not a clear, obvious violation. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (constitutional sufficiency standard for conviction).
- Goins v. State, 306 Ga. 55 (Ga. 2019) (confession to cellmate can be direct evidence).
- Mosley v. State, 300 Ga. 521 (Ga. 2017) (accepting reconstructed transcript by calling original witnesses).
- Sheard v. State, 300 Ga. 117 (Ga. 2016) (inadequate reconstruction of lost transcript can require new trial).
- Johnson v. State, 302 Ga. 188 (Ga. 2017) (reconstruction must be adequate; manifestly inadequate attempts require new trial).
- Glass v. State, 289 Ga. 542 (Ga. 2011) (defendant bears burden to assist in completing transcript under OCGA §5‑6‑41).
- Nejad v. State, 286 Ga. 695 (Ga. 2010) (successor trial judge may supplement transcript when original judge unavailable).
- Grissom v. State, 296 Ga. 406 (Ga. 2015) (preservation of Confrontation Clause objection required at trial).