Light v. United States
Light v. United States
Opinion of the Court
Appellant Light, a mail clerk/driver for the Federal Environmental Protection Agency (EPA), was charged in a one count indictment with unauthorized use of a motor vehicle
This case had its genesis in mid-September 1974 when Robert Sheridan, one of appellant’s co-workers, reported to the EPA car pool attendant that the odometer on the car he had been using registered more mileage in the morning than it had at the close of work the previous day.
On this appeal, appellant assigns as error the trial court’s admission into evidence of testimony and documents referring to at least five occasions, prior to the instant one, wherein the vehicle’s odometer readings registered discrepancies indicating after-hours use. Appellant contends that the use of the five prior instances of car misuse, which have not been adjudicated, nor connected through evidence with him, was unduly prejudicial to his case. We agree.
It is the law of this jurisdiction that evidence of other crimes (whether fully adjudicated as such or not), which are wholly independent of the one charged, is inadmissable unless it comes under one of the well-defined exceptions. Robinson v. United States, D.C.App., 317 A.2d 508, 513 (1974); United States v. Bobbitt, 146 U.S.App.D.C. 224, 450 F.2d 685 (1971); United States v. Bussey, 139 U.S.App.D.C. 268, 432 F.2d 1330 (1970); Drew v. United States, 118 U.S.App.D.C. 11, 331 F.2d 85 (1964). Even where such evidence might fall within the scope of one of the exceptions, the trial court, in exercising its broad discretion over the admission of evidence, must weigh the probative value of the evidence against the degree of prejudice occasioned by its admission. Robinson v. United States, supra; United States v. Fench, 152 U.S.App.D.C. 325, 470 F.2d 1234 (1972), cert. denied, 410 U.S. 909, 93 S.Ct. 964, 35 L.Ed.2d 271 (1973). See also McCormick, Evidence § 190 (2d ed. 1972).
The evidence in this case does not appear to fit into any of the categories in which “other crimes” evidence has been recognized as having independent relevancy. See McCormick, supra. As soon as defense counsel became aware of the government’s intention to produce evidence of prior car misuse, he objected that this would permit the jury to assume there were other crimes, that this would place an unfair burden on the defendant, that there was no evidence connecting the defendant with such misuse, and that the evidence was irrelevant and confusing. The government did not suggest that the evidence would constitute an exception to the rule making other crimes inadmissible, but merely stated that it wished to use the evidence as background material to show how appellant was caught on September 26th. Since appellant’s arrest was not then in issue, this was hardly relevant or necessary.
A full reading of the trial transcript shows not only that the other crimes evidence permeated the trial, but that the prejudicial effect far outweighed the probative value. See United States v. Bussey, supra at 272, 432 F.2d at 1334. The effect of the extensive use of the other crimes was to paint a picture of appellant constantly misusing the government vehicle until he was curtailed by the fruitful surveillance which brought the indictment. Appellant was on trial for one offense and was in no position to defend against other unprosecuted crimes. See Hansford v. United States, 112 U.S.App.D.C. 359, 366, 303 F.2d 219, 226 (1962). There were, moreover, no limiting cautionary instructions given to the jury, in reference to the use to be made of such evidence. It cannot be said “that the error did not influence the jury . . . .” Kotteakos v. United States, 328 U.S. 750, 764, 66 S.Ct. 1239, 1248, 90 L.Ed. 1557 (1946).
Reversed and remanded for a new trial.
. D.C.Code 1973, § 22-2204.
. It was established at trial that the EPA drivers were required to keep daily utilization reports for each time a vehicle was used. When a driver came to work in the morning he would check the car keys out and make out a report as to how much mileage was on the odometer. At the end of the day before the driver returned the keys, he was again to record the mileage registered on the odometer.
. Indeed in view of the fact that appellant’s use of the ear on the 26th was undisputed (the defense being that of authorization) it is difficult to think of any permissible probative value that the evidence of prior car misuses could have contributed. This is particularly true since this evidence was not in any way connected with appellant and since two other drivers testified that they had kept cars over
There is authority that, where the evidence involves an alleged crime not reduced to judgment, there must be “clear and convincing evidence,” adduced in an initial inquiry, that the defendant is connected with the other crimes before the jury should be permitted to hear the evidence. United States v. Bussey, supra at 273, 432 F.2d at 1335 (1970).
Dissenting Opinion
(dissenting) :
Since, in my view, the trial court correctly admitted the now disputed evidence, I must dissent. Secondly, even if one should conclude otherwise, the appellant has not preserved an objection to its admissibility.
The events leading to appellant’s arrest began when certain unexplained mileage was noted on the odometer of an agency automobile. Consequently the car was put under surveillance and on the evening of September 25th was discovered missing after hours. The following morning the appellant was seen as he returned the car to the garage. Appellant admitted, on being apprehended, that he did not have authority to use the vehicle but said he had been forced to use it because his own agency automobile was running low on fuel.
At the conclusion of the government’s opening statement, which referred to the foregoing circumstances, defense counsel stated he would object if evidence relating to the prior misuse of the vehicle was presented “in a manner which the jury can assume there were other crimes committed and that the car was taken unauthorized.” The government countered that “the jury is entitled to hear the background as to why the car was placed under surveillance .” The court indicated it was part of the case and it would admit the evidence, but it would not admit evidence that would be confusing. During the trial when official reports regarding the daily utilization of the cars were offered in evidence the defense objected only to certain extraneous data appearing in them. Once the material was removed defense counsel said, “I have no objection”. Indeed, the
The unusual nature of these events warranted the trial court allowing the prosecution to explain the reasons why security officials were paying particular attention to the automobile appellant was later accused of misusing. Proof of the prior misuse of the vehicle was necessary to place the appellant’s arrest in the context of its surrounding events. It was proper background data and part of the res gestae, even though the defendant later in the trial admitted in his testimony to using the car on other occasions.
Even assuming that such limited evidence showed that defendant committed other crimes, it was nonetheless admissible. The courts have recognized innumerable exceptions to the rule that excludes evidence of other crimes and have uniformly upheld the use of such evidence where it was offered for some relevant purpose such as to show a continuing plan or scheme, or to show intent, or that the event was not accidental, or as part of the res gestae to fill out the background of the crime by proving the immediate context of related happenings near in time and place.
The majority opinion relies on the general rule of exclusion.
In one case relied on in the majority opinion, the court after stating the general rule found the evidence was relevant and affirmed the trial court’s ruling that the evidence was admissible as an exception to the.rule. Robinson v. United States, D.C.App., 317 A.2d 508, 513 (1974). In another, the evidence was ruled as properly admitted as to motive when elicted from the defendant on cross-examination. United
In a decision in this jurisdiction where the prosecution was allowed to introduce hearsay testimony that there had been a series of holdups previously at the same service station it was held that reversal was not warranted where there had been no objection to the testimony of the other crimes and the evidence was relevant to explain the reason for a stakeout. George v. United States, 75 U.S.App.D.C. 197, 200, 125 F.2d 559, 562 (1942).
Our predecessor court said of the general rule: “But there are exceptions, and the evidence is admissible when the acts are so blended or connected with the one on trial that the proof of one incidentally involves the other, or they explain the circumstances of the offenses charged, or tend
Even if, as the majority contends, the evidence was excludable, the appellant neither objected to its admission nor did he ask for a cautionary instruction. Trial errors must be objected to at the time they occur if they are to be considered on appeal. Adams v. United States, D.C.App., 302 A.2d 232, 234 (1973); Wooten v. United States, D.C.App., 285 A.2d 308, 309 n.3 (1971); Bunter v. United States, D.C.App., 245 A.2d 839, 841 (1968). The power of this court to notice unobjected to trial defects is discretionary and is limited to those affecting substantial rights. It has long been held in this jurisdiction that “ ‘[ajbsent a clear showing of prejudice, we are not disposed to notice alleged errors which are raised for the first time on appeal.’ ” Hill v. United States, D.C.App., 280 A.2d 925, 926 (1971) (citation omitted). See Adams v. United States, supra at 234.
It seems clear the the trial court did not err, nor were the “substantial rights” of the appellant affected by any alleged error. Accordingly I respectfully dissent.
. McCormick on Evidence § 190, at 447-51 (2d ed. 1972, listing ten exceptions but noting it is an incomplete list). See also 2 J. Wig-more, Evidence § 301 et seg., §§ 310, 324, 338 and 341 (3d ed. 1940), and cases cited therein.
. Although the majority opinion criticizes the admission of the evidence as constituting evidence of a crime, it complains on the other hand that the prosecution failed to connect the prior misuses of the vehicle to appellant.
. See authorities in note 1, supra.
. Id.; Price v. District of Columbia, D.C.Mun.App., 54 A.2d 142 (1947). See also Arizona v. Villavicencio, 95 Ariz. 199, 388 P.2d 245 (1964), calling it “the complete story principle” rather than res gestae.
Reference
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- Gary P. LIGHT, Appellant, v. UNITED STATES, Appellee
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