State v. Charles Pona
66 A.3d 454
| R.I. | 2013Background
- Jennifer Rivera, 15, was murdered to prevent her testimony in the Feliciano murder case; defendant Charles Pona was charged with Feliciano murder and later retried for Jennifer Rivera’s murder with co-defendants Walker and Perez; evidence at retrial was limited compared to Pona I and focused on motive and witness credibility; Fullen and Perez testified under cooperation agreements with the state; Walker testified as the actual triggerman but was hostile to the defense; trial included Batson and Rule 404(b) rulings and a contested accomplice-witness instruction.
- Jennifer testified at bail hearing identifying Pona; she was killed the day after she was subpoenaed to testify.
- Pretrial and trial court decisions: certain Feliciano-murder evidence deemed admissible for motive/intent, but not the full prior-murder evidence; cooperation agreements admitted as exhibits; juror-156 challenged for race; closing arguments referenced cooperation agreements.
- Accomplice and witness-credibility instructions were disputed; defense sought an explicit accomplice-witness instruction which was not given; trial court gave comprehensive credibility instructions.
- Conviction for Jennifer Rivera murder and related counts upheld; sentences run consecutive to Feliciano murder sentence; defendant appeals on evidentiary, instructional, Batson, vouching, and new-trial grounds; Supreme Court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Feliciano-murder evidence | Pona | Pona | No abuse of discretion |
| Accomplice-witness credibility instruction | Pona urged explicit instruction | Pona argues insufficient | Instruction adequate; substantial credibility framework given |
| Batson peremptory challenge | Prosecution race-neutral rationale | Batson violation | Prosecution rationale credible; no Batson error |
| Vouching by prosecution via cooperation agreements | Closing argument implied truthfulness | Not preserved; no improper vouching | No plain error; not improper vouching given record |
| Motion for new trial | Evidence supported verdict | Verdict against weight of evidence | Trial court’s denial affirmed; verdict not against weight of evidence |
Key Cases Cited
- State v. Brown, 42 A.3d 1239 (R.I. 2012) (abuse of discretion standard for evidentiary rulings)
- State v. Marmolejos, 990 A.2d 848 (R.I. 2010) (Rule 404(b) evidence analysis; balancing probative value and prejudice)
- State v. Dubois, 36 A.3d 191 (R.I. 2012) (trial court discretion on admissibility of other-acts evidence)
- State v. Gaspar, 982 A.2d 140 (R.I. 2009) (Rule 403 balancing in evidentiary rulings)
- State v. Pona, 926 A.2d 592 (R.I. 2007) (Batson framework; voir dire preservation)
- Pona I, 948 A.2d 941 (R.I. 2008) (retrial evidentiary limits; Feliciano-murder references)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibition on race-based peremptory challenges)