Dеfendant was tried on an indictment charging him with the first-degree murder of Marcelleta (Marcie) Youlande Williams. In a noncapital trial, the jury returned a verdict of guilty and the trial court sentenced defendant to life imprisonment.
Defendant and the victim, Marcie Williams, were first cousins and members of a close family, some members of which lived in New York City and some in Henderson, North Carolina. In the fall of 1988, defendant occupied a room in the trailer of his and Marcie’s mutual aunt, Sharon Williams, in Henderson. When Marcie graduated from college in December 1988, defendant moved out of the room and into the home of another aunt, Carolyn Williams, and Marcie moved into the trailer of Sharon Williams. On the afternoon of 19 January 1989, Marcie was found shot to death in the living room of the trailer. She sustained a shot to the top of her head and a patterned bruise on her face and forehead, consistent with an impact from ridged boots.
Defendant was arrested for first-degree murder two months later. At trial, the State’s case rested almost exclusively on the testimony of William Carroll, who was also charged with the murder. Carroll testified for the State pursuant to an agreement under which he received a ten-year sentence in return for pleading guilty to second-degree murder and testifying against defendant. At trial, Carroll admitted that he was afraid of serving a life sentence and had heard that ten years can mean less in actual time served. According to Carroll, he witnessed a fight between defendant and Marcie over some cocaine аbout 9:30 a.m. on the day of the murder, which resulted in defendant’s shooting Marcie in the head with Carroll’s father’s shotgun.
While defendant presented alibi witnesses, his main defense strategy was to impeach Carroll’s credibility with evidence
While the trial court allowed defendant to inquire about Carroll’s drug use on the day of the crime, it precluded him from cross-examining Carroll about his suicide attempts, psychiatric history, and drug habit. Defendant argues that as a result he was precluded from pursuing his main defense. The court based its ruling on Rule 608(b), which governs admissibility of evidence of specific instances of conduct bearing on truthfulness or untruthfulness. We hold that the trial court erred in excluding this evidencе because it was admissible impeachment evidence under Rule 611(b). We further conclude that the error was prejudicial and award defendant a new trial.
Carroll testified as follows:
He first saw defendant at Carolyn Williams’ house on the morning of 19 January around 8:00 a.m. When Carroll asked defendant where he wanted to go, defendant asked him for a gun. Carroll responded that he did not have his gun, but he offered to, and did, secure his father’s shotgun. Defendant then asked him to drive him to Marcie’s residence so he could attend to some business. They arrived at the trailer around 9:00 a.m.
At first, Carroll stayed in the car at defendant’s request. Marcie answered the door. Ten minutes later, defendant asked Carroll to come inside, and he did. He sat on a couch with Marcie. Defendant then came from the back of the trailer with the gun. When Carroll asked him what was going on, defendant responded, “When somebody fucks me, I fuck ’em back.” Defendant demanded his cocaine and his money, and Marcie stood up and began to scream. Defendant pointed the gun at Carroll and told him to silence Marcie, whereupon Carroll grabbed her and fell to the floor with her. While they were on the floor, with Carroll’s head only six inches from Marcie’s, defendant kicked Marcie in the face with his boots, hit her with the butt of the gun, and shot her in the head.
The two men then went to the home of Carroll’s father to return the gun. On the way, defendant told Carroll only he and Carroll knew about the incident, so defendant would know the source of any rumors. Once there, defendant gave Carroll a bag of cocaine and asked him to sell it and bring defendant the money. Carroll originally told the officers he was not successful in selling the cocaine, so he threw it in the sewer.
Both men then went to Carolyn Williams’ house, where they remained for about an hour. They then went to another relative’s house to try to sell the cocaine. Next, they returned to the home of Carroll’s father, where defendant asked Carroll to obtain $130 —enough, defendant said, for two bus tickets. Carroll went to Reveo Warehouse, his mother’s place of work, seeking the money, but she did not give it to him. That afternoon, while defendant and Carroll were together at Carolyn Williams’ home, another relative called to say that Marcie had been shot. Carroll took a bus to New York two days later because he was afraid of defendant.
The State presented no other evidence, physical or otherwise, which placed defendant at the scene of the crime at the time of the murder. The remainder of the State’s case consisted of testimony
of the officers who questionеd Carroll and investigated
On cross-examination of Carroll, defendant elicited the following testimony:
On 15 March 1989, officers questioned Carroll for over five hours. For the first three hours Carroll maintained that he had nothing to do with the murder. After the officers indicated they did not believe his story, Carroll advised them that while he did not kill Marcie, he was present and knew who did kill her. He also was willing to “turn State’s witness,” saying that he had not been telling the truth but that he would tell them the whole truth. Carroll then gave a statement, less detailed than his testimony at trial, implicating himself and defendant.
Carroll met with officers again on 6 November 1989 in the presence of his attorney and the district attorney. He then added details, such as defendant’s kicking Marcie in the face before shooting her, which he did not relate in his initial statement. In his original statement, he had said he was with defendant throughout the day of the murder, but in the 6 November interview he mentioned for the first time that he left defendant around noon to ask his mother fоr money. While Carroll originally told the officers he had thrown the cocaine from the trailer into the sewer, at trial he admitted that he sold it for $200 in order to buy the bus ticket to New York. Although in his first statement Carroll described restraining Marcie at defendant’s instruction, at trial he mentioned for the first time that his head was only six inches from Marcie’s when defendant brought the gun down on her head and shot her.
Defendant also elicited evidence that Carroll had prior convictions for resisting an officer and injuring real property, that following these convictions Carroll was directed to seek help from the Vance County Mental Health Clinic, and that Carroll smoked marijuana cigarettes laced with cocaine once or twice a week on or about 19 January 1989.
Three relatives of defendant and Marcie testified about defendant’s and Marcie’s whereabouts on the day of the murder. The first, Sharon Williams, testified that Marcie was still alive when Sharon left the trailer at 10:00 a.m. — a half hour later than the time of death according to Cаrroll’s testimony — to go to work. At about 7:00 a.m., someone driving a blue car had knocked on the, door, but Sharon was still in bed and Marcie did not open the door. Sharon learned of Marcie’s death at about 1:00 p.m. when a neighbor called her at work.
The second witness, Carolyn Williams, testified that after waking at 7:00 a.m. on the day of Marcie’s death to ready her youngest son for school, she woke defendant, who had slept on the sofa in her den. At 9:00 a.m., defendant and Carroll, who was present, helped Carolyn load lаundry into the car and Carolyn left for the laundromat, first dropping off Carroll on the corner near his home. Carolyn returned with the clean laundry around 11:00 or 11:30 a.m. and found defendant and her older sons at home and still asleep. After waking them and talking with them for about a half hour, she left to run errands with and for her mother, returning at 1:30 p.m. to prepare for work at 2:00 p.m. Both times Carolyn returned home, defendant and her sons were present, but Carroll was not. Defendant went with Carolyn’s son Kevin to take her to work at 2:00 p.m., and at 3:00 p.m. she rеceived a call about Marcie. Carolyn then joined family members, including defendant, at the trailer park.
Defendant’s third witness, Kevin Williams, adult son of Carolyn Williams, testified that he saw Carroll on 19 January around 3:00 a.m. in the den of his mother’s house. Carroll was dressed in his work clothes and ridged work boots. After going to bed late, Kevin awoke at 11:30 a.m. to help his mother bring in the laundry, then went back to sleep until 1:30 p.m. Kevin saw defendant at both 11:30 a.m. and 1:30 p.m. At 2:00 p.m., he and defendant drove Carolyn Williams to work, drove their grandmother home, and then returned to the house, where they received the call about the discovery of Marcie’s body. According to Kevin, defendant was very upset and cried about the news. Kevin and defendant
Although defendant presented these alibi witnesses, his main defense strategy was to impeach Carroll. The trial court allowed him to ask both Carolyn and Kevin Williams about Carroll’s reputation for truthfulness. Carolyn answered that he “fantasized,” and Kevin answered that “he lied quite a bit.” Defendant also presented testimony from Carroll’s mother, Barbara Carroll, that her son came alone to her on 19 January while she was on her lunch break to ask her for $160, explaining that “he needed to get away.”
In a further effort to impeach Carroll, defendant presented the testimony of Robert Benge, who was in the cell next to Carroll’s while Carroll was being held in connection with Marcie’s murder. Benge testified that Carroll told him he alone murdered Marcie while he was on drugs that affected his mind, but that he was going to turn State’s witness against a cousin of Marcie’s because the cousin knew he had killed Marcie and because he wanted to lessen his sentence. The State impeached Benge by eliciting evidence that Benge had corresponded with and conducted an interview with defendant’s attorneys.
Marcie’s mother, Melissa Williams Norwell, testified for defendant at his bond hearing in March 1989. She had known defendant all his life, had helped rear him, knew him well, and did not believe he had murdered her only child. Immediately following the murder, Ms. Norwell had gone to North Carolina, but she returned to New York in the middle of February. In March, she read in the paper that William Carroll had accused defendant of being the murderer. Upon learning of this, Ms. Norwell told defendant, who had returned to his home in New York, and defendant was shocked and puzzled as to why Carroll would lie in this way.
The day Ms. Norwell and defendant learned of the accusation, they took a bus to North Carolina to straighten out the matter, knowing that defendant would be met with a warrant for his arrest. Although the bus stopped in both Washington and Richmond, and although defendant had money with him, Ms. Norwell testified that he never gave any indication of turning back or leaving her company. A sheriff’s deputy met Ms. Norwell and defendant at the Hеnderson bus station.
At trial the State argued, and the trial court agreed, that Rule 608(b) governed the admission of evidence about Carroll’s drug habit, his suicide attempts, and his psychiatric history. As a result, the State and the trial court believed that
State v. Morgan,
Rule 608(b) addresses the admissibility of specific instances of conduct (as opposed to opinion or reputation evidеnce) only in the very narrow instance where (1) the purpose of producing the evidence is to impeach or enhance credibility by proving that the witness’ conduct indicates his character for truthfulness or untruthfulness; and (2) the conduct in question is in fact probative of truthfulness or untruthfulness and is not too remote in time; and (3) the conduct in question did not result in a conviction; and (4) the inquiry into the conduct takes place during cross-examination.
Id.
at 634,
The State argues that because evidence of Carroll’s drug, habit and mental problems is not probative of truthfulness, it cannot come in under Rule 608(b). It further argues that this evidence is inadmissible because it fails to meet the requirement of close temporal proximity, given the passage of two years between Carroll’s suicide attempts and counselling and Marcie’s murder. It argues still further that the trial
The State also relies on language in
Morgan
that “evidence routinely disapproved as irrelevant to the question of a witness’ general veracity [under Rule 608(b)] . . . includes specific instances of conduct relating to ‘sexual relationships or proclivities, the bearing of illigitimate [sic] children, the use of drugs or alcohol . . . or
violence against other persons.”’ Id.
at 635,
The State is correct that evidence of drug use alone is not admissible under Rule 608(b). In
State v. Clark,
While the State and the trial court correctly set out the law regarding Rule 608(b), that rule does not govern this case. Instead, Rule 61l(b) governs. It states: “A witness may be cross-examined on any matter relevant to any issue in the case,
including credibility."
N.C.G.S. § 8C-1, Rule 611(b) (1988) (emphasis added). While the language of the rule alone does not clearly illuminate the issue here, the case law and treatises interpreting it establish that evidence of Carroll’s drug use, his suicide attempts, and his psychiatric history is proper and admissible for purposes of impeachment. “There is no rule of evidence which provides that testimony admissible for one purpose and inadmissible for another purpose is thereby rendered inadmissible; quite the contrary is the case.”
United States v. Abel,
While specific instances of drug use or mental instability are not directly probative of truthfulness, they may bear upon credibility in other ways, such as to “cast doubt upon the capacity of a witness to observe, recollect, and recount, and if so they are properly the subject not only of cross-examination but of extrinsic evidence . ...” 3 Federal Evidence § 305, at 236. While evidence of addiction
seems too far removed from veracity to be [a] permissible subject[] for cross-examination under Rule 608 as proof that the witness is by disposition untruthful, it is far less clear that such evidence should be excluded on the question of the credit to be given the witness, when viewed as a reflection on his ability to observe, retain, and narrate.
Id. § 342, at 489-90. Rule 608 does not apply because mental, psychological, or emotional defects “reflect on mental capacity for truth-telling rather than on moral inducements for truth-telling . ...” 3 Jack B. Weinstein & Margaret A. Berger, Weinstein’s Evidence § 607(04), at 607-55 (1991) (emphasis added).
While no North Carolina cases specifically discuss application of Rules 608(b) and 611(b) in this context, pre-Rules cases concede the admissibility of evidence of mental defects or instability, suicide attempts, and drug or alcohol addiction for the purpose of discrediting a witness’ testimony due to impairment of the ability to observe, retain, or narrate.
See, e.g., State v. Newman,
It is true that some of the above cases involved a mental defect present at the time of the events witnessed.
Fields,
evidence that the witness was using drugs, either when testifying or when the events to which he testified occurred, is рroperly admitted only for purposes of impeachment and only to the extent that such drug use may affect the ability of the witness to accurately observe or describe details of the events which he has seen.
Edwards,
Some courts have limited admission of evidence that a witness suffers from mental illness or addiction to cases where the illness or addiction actually affected the mental capacity of the witness at the time of commission of the crime or testimony at trial. Federal:
United States v. Sampol,
In both
Newman
and here, the mental problems about which the defendants sought to cross-examine the witnesses occurred some period of time prior to either the crimes witnessed or the trials.
Newman
involved a three- tо four-year gap, even longer than the two-year gap in the case at bar. In
Conrad,
the Court granted that a key prosecution witness’ suicide attempt two years before the witness testified was conceivably proper impeachment evidence.
Conrad,
We are not alone in allowing admission of evidence of mental defects and chronic substance abuse despite a time gap between the problem, the events testified to, and the trial. In a case in which the details the defendants sought to еlicit occurred up to ten years before the trial, the Eleventh Circuit held that a trial court erred by limiting the scope of the defendants’ cross-examination of a key State witness and insider to mail fraud.
United States v. Lindstrom,
Other cases in which courts have held that evidence of mental defects and/or substance abuse —at times other than when the witness observed the offense or testified at trial — is admissible to impeach a witness’ ability to perceive, retain, or narrate, include the following: Federal:
United States v. Partin,
Where, as here, the witness in question is a key witness for the State, this jurisdiction has long allowed cross-examination regarding the witness’ past mental problems or defects. As stated by Chief Justice Stacy: “The denial of any impeachment [as to mеntal defects] of the State’s only eye-witness to the fatal assault necessitates another hearing. It is always open to a defendant to challenge the credibility of the witnesses offered by the prosecution against him.”
State v. Armstrong,
The evidence of Carroll’s troubled past was considerable, including two suicide attempts, one of a particularly bizarre nature which nеcessitated psychiatric treatment, and a history of chronic abuse of marijuana and cocaine. Because Carroll’s testimony was the State’s sole direct evidence on the ultimate issue, his credibility
took on enhanced importance.
See Browning,
For the reasons stated, the trial court erred in not allowing defendant to cross-examine Carroll about his suicide attempts, psychiatric history, and drug habit. Because Carroll’s credibility was critical to the State’s case, we cannot conclude that the error was harmless. Accordingly, we award a new trial.
New trial.
