Scott v. United States
Scott v. United States
Opinion of the Court
Following a bench trial, appellant was found guilty of destruction of property. His main argument on appeal — and the only one requiring brief discussion — is that the trial judge failed adequately to inquire into a claim by prospective defense witness Stephanie Darden that a police detective, in a conversation outside the courtroom, had improperly threatened her about the consequences of testifying to a particular version of the facts at trial. Although we are not satisfied that the judge correctly resolved whether the detective had indeed acted improperly, we conclude — contrary to appellant’s argument — that no remand for further inquiry is necessary, because appellant was not prejudiced by the incident in any event.
There is no dispute that when defense counsel broached the issue of the detective’s conduct, the judge took the important first step of questioning Ms. Darden (outside the jury’s presence) about what the detective had said to her. Rather than also question the detective about the incident, however, the judge — appar
If the conversation actually took place as Darden described, the impropriety in such a threat by the detective would be obvious, quite beyond the general principle that it is not the responsibility of law enforcement officers to warn prospective defense witnesses, at least directly and in the courthouse setting, of the potential consequences of “perjured” testimony.
That, however, is not necessary on this record. Although Darden in fact did not take the stand before the jury, defense counsel never proffered to the judge his reason for not calling her, nor in any way suggested that she would have testified for the defense but for her intimidation by the detective. Without such a claim, it is every bit as reasonable to suppose that defense counsel merely concluded that Darden’s testimony would not, after all, be helpful to the defense. See generally United States v. Valenzuela-Bernal, 458 U.S. 858, 867-71, 102 S.Ct. 3440, 73 L.Ed.2d 1193 (1982) (no violation of defendant’s right to compulsory process of witnesses absent showing that alleged violation deprived him of testimony both material and favorable to defense).
Affirmed.
. See generally Brown v. United States, 864 A.2d 996, 1003-04 (D.C. 2005) (noting that challenged statements by prosecutor regarding defense witness’s possible exposure to prosecution "were [not] made to the witness herself, but only to counsel and the court”); Reese v. United States, 467 A.2d 152, 155 (D.C. 1983) (citations omitted); United States v. Blackwell, 224 U.S.App. D.C. 350, 359, 694 F.2d 1325, 1334 (1982).
. Indeed, Darden had been subpoenaed as a witness both by the government and by the defense.
. The evidence was fully sufficient to convict appellant of misdemeanor destruction of
Reference
- Full Case Name
- Adrian D. SCOTT v. UNITED STATES
- Status
- Published