Chico Duwan Rucker v. Commonwealth of Kentucky
2017 Ky. LEXIS 276
| Ky. | 2017Background
- On June 28, 2013, Rucker and his girlfriend Elma Farris fought; Rucker says he pushed her, she fell, and he left the apartment; he returned the next day, found her dead, wrapped her in a shower curtain, and disposed of the body in a dumpster.
- Rucker intermittently stayed at Farris’s apartment after her death and used her debit card; a decomposed body was found a week later and identified as Farris. Rucker was subsequently arrested and charged.
- Indictment (superseding) charged second-degree manslaughter, tampering with physical evidence, and fraudulent use of a credit card over $500; jury convicted and imposed consecutive sentences totaling 20 years.
- At trial the Commonwealth introduced: (a) sexually explicit Facebook messages and photos sent by Rucker after Farris’s death (read to the jury and shown, ~19 minutes); (b) sexually explicit Facebook messages sent before Farris’s death; (c) hearsay testimony from a cousin about Farris’s state of mind re: an ultimatum to Rucker; and (d) eleven photographs and a crime-scene video of Farris’s decomposed body and two sexually explicit audio recordings.
- Rucker appealed, arguing (1) post-death sexually explicit communications were irrelevant and unduly prejudicial, (2) pre-death communications were improperly admitted, (3) hearsay state-of-mind testimony was inadmissible, and (4) gruesome photos/video were inadmissible. The Court reversed and remanded for a new trial based primarily on erroneous admission of post-death sexual communications and recordings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Admission of sexually explicit Facebook messages and photos sent after victim’s death | Commonwealth: messages go to Rucker’s state of mind and were opened by defense in opening statement | Rucker: messages were irrelevant, impermissible character/bad-acts evidence under KRE 404(b), and unduly prejudicial under KRE 403 | Reversed: messages were 404(b) "other acts," irrelevant to state of mind about the crime, and, even if marginally relevant, probative value was substantially outweighed by prejudice — admission was abuse of discretion and not harmless. |
| 2. Admission of sexually explicit Facebook messages sent before victim’s death | Commonwealth: evidence impeaches Rucker’s claim he wasn’t unfaithful and bears on credibility | Rucker: pre-death messages are improper character evidence under KRE 404(b) | Affirmed: because Rucker testified and had opened the door by denying infidelity, pre-death messages were admissible to impeach credibility and show state of mind. |
| 3. Admission of hearsay testimony about victim’s ultimatum (state-of-mind) | Commonwealth: hearsay falls within KRE 803(3) as declarant’s then-existing state of mind (intent to evict/leave) and is relevant to motive/estrangement | Rucker: testimony reports past facts and is inadmissible hearsay | Affirmed: court properly admitted the testimony under KRE 803(3) to show Farris’s present intent re: future action, relevant to motive/strained relations. |
| 4. Admission of photographs and video of decomposed body | Commonwealth: images/video explain difficulty in determining cause of death and show concealment/location of body; probative | Rucker: images/videos were gruesome and unduly prejudicial under KRE 403 | Affirmed: probative value (location, concealment, explaining inability to determine cause of death) outweighed prejudicial effect; admission not an abuse of discretion. |
Key Cases Cited
- Tamme v. Commonwealth, 973 S.W.2d 13 (Ky. 1998) (404(b) ‘‘other purpose’’ language illustrative and not exhaustive)
- Michelson v. United States, 335 U.S. 469 (1948) (danger of prior-bad-acts evidence to unfairly prejudice jury)
- United States v. Vance, 871 F.2d 572 (6th Cir. 1989) (Rule 404(b) limits admission of bad-acts evidence to protect presumption of innocence)
- Meece v. Commonwealth, 348 S.W.3d 627 (Ky. 2011) (testimony attacking defendant’s trait for truthfulness implicated KRE 404(b))
- Kerr v. Commonwealth, 400 S.W.3d 250 (Ky. 2013) (test for admissibility of prior-bad-acts evidence: relevance for non-character purpose, probative, not overly prejudicial)
- Major v. Commonwealth, 177 S.W.3d 700 (Ky. 2005) (standard for evaluating evidence under KRE 403)
- Meskimen v. Commonwealth, 435 S.W.3d 526 (Ky. 2013) (abuse-of-discretion review for evidentiary rulings)
- Sherroan v. Commonwealth, 142 S.W.3d 7 (Ky. 2004) (prior threats admissible under 404(b) when probative of state of mind)
- Dillon v. Commonwealth, 475 S.W.3d 1 (Ky. 2015) (contemporaneity required for state-of-mind hearsay exception)
- Ernst v. Commonwealth, 160 S.W.3d 744 (Ky. 2005) (victim’s statements about future intentions admissible under KRE 803(3))
- Adkins v. Commonwealth, 96 S.W.3d 779 (Ky. 2003) (photographs probative of nature of injuries admissible absent substantial prejudice)
- Funk v. Commonwealth, 842 S.W.2d 476 (Ky. 1992) (gruesomeness alone does not render otherwise admissible photographs inadmissible)