Freeman v. StateFreeman v. State
Freeman appeals from convictions for trafficking in cocaine, conspiracy to traffic in cocaine, possession of cocaine and possession of marijuana. Ten grounds are presented in support of reversing the convictions. We have considered each of them and find that three trial events sufficiently prejudiced Freeman‘s right to a fair trial to require reversal of the convictions.
During the trial a detective testified that when he questioned Freeman regarding the truthfulness of his answers to questions, Freeman stated: “Man, its not safe for me to talk. Look, you know, I want to talk to my dad. I want to talk to a lawyer before I say anything further.” Freeman‘s
Another detective recounted an unrecorded telephone conversation with Freeman. The detective testified during the state‘s case that in the conversation Freeman sought an increased price for the cocaine because of a prior stop he had experienced on the Interstate during which “they didn‘t catch him, or he wasn‘t caught.” We agree with Freeman‘s claim that such testimony was “other crimes” evidence within the meaning of
Finally, over the objection of Freeman‘s attorney, the trial court again denied a motion for mistrial and permitted a confidential informant to testify as follows:
Q. Mr. Allen, how do you feel about testifying in court as an informant?
MR. PRATT: Objection, Your Honor. Irrelevant.
THE COURT: Overruled.
A. I‘m nervous.
Q. Are you frightened or intimidated by Mr. Freeman or Mr. Carter?
MR. PRATT: Objection.
MR. LIPINSKI: Judge, objection. Move for a mistrial.
THE COURT: Overruled.
MR. PRATT: Request a curative instruction.
THE COURT: Overruled.
A. I haven‘t been intimidated.
Q. No. I say: Are you? Are you scared to testify in this kind of case?
A. Naturally, I‘m concerned about any possibilities.
MR. JENKINS: Okay, thank you. That‘s all I have.
THE COURT: Mr. Pratt, you may cross.
Here, too, the state concedes that the questioning of the confidential informant was improper but urges the notion that Koon v. State, 513 So.2d 1253 (Fla. 1987), shields the trial court‘s rulings from error. The state is wrong. Although the confidential informant did not expressly blame Freeman as the source of his anxiety, he inferentially implicated Freeman. Furthermore, the challenged questioning occurred in the state‘s case in chief and not, as in Koon, during the cross examination of a witness. 513 So.2d at 1256. We recognize that third party threats may be admissible in some circumstances, but they may also be deemed sufficiently prejudicial to require “exclusion.” Id. The state has offered us nothing from which we are able to conclude that the confidential informant‘s testimony did not prejudice Freeman‘s right to a fair trial.
In sum, although it would be appropriate to reverse Freeman‘s convictions solely on the incursion into his right to silence, there can be no mistake that the errors cumulatively tainted his constitutional entitlement to a fair trial.
SCHEB, A.C.J., and PARKER, J., concur.