De La Cruz v. State
810 S.E.2d 84
Ga.2018Background
- Appellant Eduardo De La Cruz was convicted of malice murder for the 1995 killing of Brenda Gibbs after a jury trial; he was sentenced to life and filed a timely motion for new trial, amended in 2016; appeal followed.
- Gibbs was found fatally bludgeoned in her workplace lab between about 4:00–5:00 a.m.; blunt instruments (a broken two-by-four and a metal conduit pipe) and blood evidence were recovered; fingernail clippings and a hair were preserved.
- Evidence at trial showed a history of abuse by Appellant against Gibbs and statements by Appellant expressing a desire that she be killed and that he would take life insurance proceeds; coworkers observed them together at the plant shortly before the murder.
- Forensic testing at trial: all blood at scene matched the victim; the fingerprint on the conduit pipe did not match Appellant; the hair was unsuitable for comparison; shoes of Appellant fluoresced under black light consistent with walking through phosphoric acid at the scene.
- Appellant sought (1) to read prior sworn alibi testimony of an unavailable witness (Andres); (2) to present evidence implicating a third party (Otis Sanders); (3) to exclude hearsay admitted under the necessity exception; and (4) post-conviction DNA testing of fingernail clippings, the two-by-four, conduit pipe, and a hair. The trial and post-trial courts denied relief on these claims; the Supreme Court of Georgia affirmed.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Admission of prior sworn testimony of unavailable alibi witness (Andres) | Andres was unavailable (out of country); his prior testimony should be read to jury to supply alibi evidence | No adequate showing of due diligence to prove unavailability; even if admissible, testimony would be cumulative and not exculpatory for the murder timeframe | Denial affirmed: no showing of due diligence; exclusion harmless because Andres could not place Appellant at time of murder and testimony would be cumulative |
| Exclusion of evidence pointing to third party (Otis Sanders) | Proffered testimony (via Leriche) would show Sanders gave a false alibi, abused Leriche, and threatened others—supporting inference Sanders committed murder | Proffered facts do not connect Sanders to the crime scene or corpus delicti and only create bare suspicion | Denial affirmed: evidence did not raise a reasonable inference of Appellant's innocence or directly connect Sanders to the killing |
| Admission of hearsay under necessity exception (statements by victim to Denise De La Cruz) | Testimony of Denise about victim's statements of abuse lacked sufficient indicia of trustworthiness and should have been excluded | Statements were admissible: declarant unavailable, statements corroborated by physical evidence and consistent circumstances providing trustworthiness | Admission affirmed: Tippins’ observations were not hearsay; Denise’s statements met necessity and reliability requirements under governing precedent |
| Post-conviction DNA testing request (fingernails, two-by-four, conduit, hair) | New "touch DNA" testing could identify another contributor and create reasonable probability of acquittal | Physical evidence was known and introduced; prior forensic results showed no physical link to Appellant; Appellant failed to show testing would likely produce acquittal or that testing technology unavailability at trial was established | Denial affirmed: statutory requirements unmet—no reasonable probability DNA testing would have changed verdict and Appellant failed to prove materiality/necessity |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (sufficiency of evidence standard for convictions)
- Barker v. Wingo, 407 U.S. 514 (framework for assessing delay-related due process/speedy-trial claims)
- Mancusi v. Stubbs, 408 U.S. 204 (unavailability of witnesses who permanently leave country)
- Thomas v. State, 290 Ga. 653 (due diligence requirement for admitting prior testimony)
- Gilreath v. State, 298 Ga. 670 (standard for admitting evidence suggesting another perpetrator)
- Mills v. State, 287 Ga. 828 (necessity exception to hearsay; requirements including trustworthiness)
- Glover v. State, 291 Ga. 152 (application of Barker factors to post-conviction delay)