428 S.E.2d 624 | Ga. Ct. App. | 1993
Virgil Olivaría appeals from his convictions of voluntary manslaughter and possession of a firearm during the commission of a crime.
1. Olivaría contends that the court erred in refusing to admit into evidence tape recordings of prior inconsistent statements made by two State witnesses. The State concedes that the statements were admissible, but claims that the court’s error in refusing to admit the statements was harmless because Olivaría was allowed to cross-examine the witnesses about the prior statements. The State’s argument is not persuasive.
Evidence at trial showed that Jonathan Edwards was shot in a hotel room. The State presented no eyewitnesses to the shooting, but did present several witnesses to the events leading up to the shooting. Of those witnesses, only Andre Ingram and Delante Martin, the two witnesses who gave the prior tape-recorded statements, testified that they knew Olivaría was in the hotel room at the time of the shooting.
The court refused to admit these statements into evidence, but instead limited Olivaria to questioning Ingram and Martin about them on cross-examination. The jury should have been allowed to hear these two critical witnesses, in their own words and voices, making statements that directly and materially contradicted their trial testimony. The evidence in this case was not so overwhelming that we can say the jury’s verdict would not have been influenced by these two statements. Greer v. State, 201 Ga. App. 775, 776 (2) (412 SE2d 843) (1991). The court’s erroneous exclusion of the statements was not harmless.
2. Because of our decision in Division 1, we will not address the remaining enumerations of error.
One of the other witnesses gave pretrial statements to the state indicating that he saw Olivaría run from the hotel room after the shooting, but at trial he denied actually seeing Olivaría leave the room.