In the instant case, we are called upon to determine whether the Court of Special Appeals erred in concluding that the trial court improperly admitted hearsay evidence under the excited utterance exception to the hearsay rule, Maryland Rule 5-803(b)(2). For the following reasons, we affirm the judgment of the Court of Special Appeals reversing the trial court’s conviction of James E. Harrell under Maryland Code (1957, 1992 Repl.Vol.) Article 27, § 342 (theft over $300) and remanding the case to the Circuit Court for Baltimore County for a new trial.
I.
On August 18, 1995, Officer Stephen Comenga of the Baltimore County
“THE COURT: Sustained, if it’s offered for the truth of the out-of-court declaration.
MR. BOSTWICK: Your Honor, I would offer it as an excited utterance, which is an exception to the hearsay rule.
THE COURT: Okay. [Officer Comenga] has indicated [Hammons] was emotional, crying and upset. All right. I will allow it.
MR. BOSTWICK: Thank you.
BY MR. BOSTWICK:
Q What did she say? What did Hammons indicate?
A Hammons indicated that earlier in the evening the Defendant came over to pick her up in a vehicle, and after they had been out for a period of time the Defendant related to her—
MS. ROBINSON: Objection. I think this goes beyond excited utterance.
I can see the excited utterance with respect to what happened to her, in terms of physical appearance, but I think the State is trying to get in some hearsay testimony with respect to Harrell’s possible involvement in the car theft, and I think that goes beyond the meaning of the excited utterance rule ..., and he is offering it for the truth of the matter, and I object to that testimony from the police officer for those reasons.
THE COURT: Try to confine your answer to whatever the witness said in an excited fashion at the time of the statement, if you could.”
Officer Comenga then testified that Hammons told him that Harrell “beat me up and he stole that car there,” as Hammons pointed to a Chevrolet Monte Carlo. In response to Ham- mons’s statement that Harrell stole the Monte Carlo, Officer Comenga checked the vehicle’s tag, as well as its VIN number. Officer Comenga confirmed that the 1984 Chevrolet Monte Carlo was in fact stolen from Carolyn Brown on July 26,1995. Harrell was then arrested and charged with common-law battery and theft over $300 (Art. 27, § 342).
On his behalf, Harrell testified that on the evening in question he and Hammons went to a bar in Highlandtown where he consumed a large amount of alcohol. According to Harrell, he had borrowed the car he was driving, also a 1984 Chevrolet Monte Carlo, from his employer. Upon arriving at Harrell’s home, Hammons asked Harrell to take her to her brother’s house, but Harrell refused. Harrell testified that Hammons “started raising havoc,” scratching his neck and stomping on his sore foot. Harrell further testified that he grabbed Hammons in order to maintain his balance and, as a result, tore her blouse. Harrell denied kicking Hammons or throwing her to the ground.
On November 14, 1995, Harrell was convicted by the trial judge of common-law battery, as well as theft over $300. The trial judge stated:
“I will grant you the only link to these offenses, that is a definite link, is the excited utterance testimony of the girlfriend.
But at the time of these events, according to the testimony of the officer, she was excited. She was upset. She implicated him in the battery, and she was obviously hurt and had part of her clothing torn away, and she implicated him in the theft of the car, and she said that she was told by him that he had stolen the car three weeks before.
Well, there is no way she could know that unless he told her that, and in fact, the car was stolen about three weeks before.”
On December 14, 1995, Harrell appealed his conviction to the Court of Special Appeals. The intermediate appellate
court reversed Harrell’s conviction in an unreported opinion on August 12, 1996. The intermediate appellate court subsequently granted the State’s motion for reconsideration, however, and withdrew its August 12th opinion. In an unreported opinion filed on October 7, 1996, the Court of Special Appeals affirmed the
II.
The State contends that the Court of Special Appeals erred in its conclusion that the portion of Hammons’s statement referring to Harrell’s theft of the automobile was not “sufficiently related to the startling event prompting her spontaneous utterance” and thus did not fall within the excited utterance exception to the hearsay rule, Md. Rule 5-803(b)(2). Specifically, the State argues that the intermediate appellate court applied an “unduly restrictive interpretation of the term ‘relating’ in Md. Rule 5-803(b)(2).” We disagree.
“Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” Md. Rule 5-801(c). As a general rule, hearsay is not admissible at trial. Md. Rule 5-802;
see also Mouzone v. State,
In determining whether a statement falls within the excited utterance exception, we examine the totality of the circumstances.
Cf. Mouzone,
Prior to the adoption of Title 5 of the Maryland Rules,
1
we noted that the excited utterance exception “requires a startling event and a spontaneous statement which is the result of the declarant’s reaction to the occurrence.”
Mouzone,
A.
In a case decided prior to the adoption of Title 5 of the Maryland Rules, the Court of Special Appeals addressed the possibility that a declarant’s statement must relate to the startling event generating the statement.
Bayne v. State,
“ ‘If, for example, after an assault, the injured person exclaims that in the previous week the attacking party had tried to shoot him, there is perhaps no less reason for trusting that part of his utterance than any other part. Nevertheless, it is possible to argue that such utterances imply to some extent a process of reflection....’”
“an otherwise qualified excited utterance that includes comments about a prior happening may be admissible under the excited utterance/spontaneous declaration exception to the hearsay evidence rule if the subsequent startling event that generates the utterance relates directly or indirectly to that prior event, ie., is likely to produce an exclamation about the prior event.”
Bayne,
Courts have differed over whether the relationship between the declarant’s statement and the startling event is a requirement, or merely a factor bearing on the spontaneity of the declarant’s statement.
See Bayne,
In construing a rule, we apply principles of interpretation similar to those used to construe a statute.
See In re Victor B.,
As noted earlier, Md. Rule 803(b)(2) defines an excited utterance as a “statement
relating
to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.” (Emphasis added). In the instant
B.
Because Md. Rule 5-803(b)(2) requires a relationship between the declarant’s statement and the startling event, we must determine the extent of this relationship. The State contends that only the slightest relationship between the subject matter of the statement and the startling event is required.
See People v. Ojeda,
“Permissible subject matter of the statement is limited under [the present sense impression exception] to description or explanation of the event or condition, the assumption being that spontaneity, in the absence of a startling event, may extend no farther. In [the excited utterance exception], however, the statement need only ‘relate’ to the startling event or condition, thus affording a broader scope of subject matter coverage.”
Fed. R. Evid. 803, Notes of Advisory Committee on Rules. In addition, the State cites several cases in which the State asserts the courts have interpreted “relating” liberally. An examination of the facts of these cases, however, indicates that a clear relationship existed between the declarant’s statements at issue and the startling events generating such statements.
See, e.g., State v. Zukevich,
“Relate” is defined as “[t]o stand in some relation; to have bearing or concern; to pertain; refer; to bring into association with or connection with.” Black’s Law Dictionary 1288 (6th ed.1990). We believe that the use of the word “relating” in Md. Rule 5-803(b)(2) must impose some limitations on the subject matter of an admissible excited utterance. As we see it, the purpose of the relationship requirement in Md. Rule 5-803(b)(2) is to assure that factors like the declarant’s self-interest, anger or vindictiveness have not motivated the declarant to make the statement. Because the key to the excited utterance exception is its inherent trustworthiness, the declarant’s statement must have some connection with the startling event in order to relate to the startling event within the meaning of Md. Rule 5-803(b)(2). Otherwise, the likelihood that a declarant’s statement was a product of reflective thought, and the concomitant likelihood of fabrication, increases. Thus, we conclude that the declarant’s statement must pertain to, be associated with, or concern the startling event which prompted the statement. That is, the declarant’s statement must be more than just the result of, or caused by, the startling event.
We now turn to whether, in the instant case, Hammons’s statement relates to a startling event or condition within the meaning of Md. Rule 5-803(b)(2). The State contends that it is “unreasonable to parse the statement, as did the Court of Special Appeals, into two separate components— one of which related to the victim’s agitated condition and one of which did not.” Furthermore, the State argues that Hammons’s reference to Harrell’s theft of the automobile in which Hammons was a passenger shortly before was “inextricably intertwined with the assault upon her.” We disagree. The two portions of Hammons’s statement are unrelated and severable.
It is clear that Hammons’s statement that Harrell “beat [her] up” is related to the battery, the startling event which generated that part of her statement. In our view, however, the other part of Hammons’s statement that Harrell “stole that car there” has absolutely nothing to do with Harrell’s battery of her. The statement clearly does
not
pertain to or concern, and has no association with, the battery. The fact that Hammons may have been riding in a stolen car immediately prior to the battery is too tenuous a connection to establish a relationship between her statement and the startling event. Moreover, the additional fact that Hammons was lying on the ground near the car during the battery also does not create a sufficient relationship between Hammons’s statement and the battery. Without a relationship to the startling event, Hammons’s statement “implies] to some extent a pro
cess of [conscious] reflection,” as opposed to a spontaneous reaction by the declarant.
See Bayne,
At the conclusion of the trial, the trial court noted Hammons’s utterance was “the only link” to the theft and battery offenses. Since the statement that Harrell “stole that car there” led to Harrell’s conviction on the theft over $300 charge, we are unable to conclude that the trial court’s error was harmless beyond a reasonable doubt.
See Dorsey v. State, 276
Md. 638, 659,
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS TO BE PAID BY BALTIMORE COUNTY.
