Glover v. State
Glover v. State
Opinion of the Court
We are required to determine whether the petitioner was denied his right to a speedy trial pursuant to the Sixth
I. Facts and Legal Proceedings
This case arises from the death of Charles Scherer, whose body was discovered in a vacant lot in Aberdeen, Maryland, on February 24, 1998. A medical examiner subsequently determined the cause of death to be blunt force injuries to the head and strangulation resulting from a severe beating.
The petitioner, Robert Matthew Glover, was arrested for the murder one year later, on February 26, 1999, and was indicted for first degree murder on March 31, 1999. Bail was denied. The petitioner remained confined for the entire pretrial period, which ultimately amounted to slightly more than fourteen months. During these fourteen months, the petitioner’s trial was postponed three times.
Trial initially was scheduled for July 19, 1999, in the Circuit Court for Harford County. The State requested a postponement, however, on the ground that DNA test results had not been received from the crime lab.
Trial was rescheduled for November 1, 1999, but on that date, the court granted another postponement due to the unavailability of a judge and jurors.
Trial was then rescheduled for January 13, 2000. One week prior to the date of trial, however, the petitioner moved to suppress the DNA evidence due to the fact that the State did not provide the defense with the complete
“I have made this court aware that I do plan on filing a motion to dismiss for lack of speedy trial, and I will have that in wilting and prepared ahead of trial, Your Honor, but I did want to voice my concern at least today on our motions date that I believe that the July 17th date is just too long of a delay between trial dates.”
The State’s Attorney also expressed concern about the delays, stating:
“Your honor, the State shares in that concern also. I was not a party to the ... conference that set the July 17th date ... when I got back to my office, I found out that date had been selected and I, too, had great concern, as well as the victim’s family, as to the necessity for having this case tried and brought to a quicker conclusion, and as I said to Mrs. Caruso [petitioner’s counsel] éarlier in our numerous conversations, it was my intention, and I believe she also agreed, that we would see if we could move that trial date up today.”
Responding to these concerns, the court moved the trial date from July 17, 2000 to May 1, 2000.
On April 19, 2000, the petitioner moved to dismiss his case for lack of a speedy trial under the Sixth Amendment of the United States Constitution and Article 21 of the Maryland Declaration of Rights. On May 1, 2000, the Circuit Court, applying the four factor analysis for speedy trial claims enunciated in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33
“the State has offered no explanation as to why, after having obtained the defendant’s blood sample in April of 1998, the DNA test results and reports were not completely available until December 23rd of 1999. The unavailability of [DNA test results] resulted in failures of discovery and is the bottom-line reason for the ultimate delay in this case.”
The trial court dismissed the indictment, because it found that the State was responsible for every postponement in this case and weighed the entire delay against the State and in favor of the petitioner.
Finally, with respect to whether the defendant was prejudiced by the delay,
The petitioner sought, and we issued, a writ of certiorari to determine whether the Court of Special Appeals erred in vacating the Circuit Court’s dismissal of petitioner’s case. See 365 Md. 472, 781 A.2d 778 (2001). While we agree with the judgment of the intermediate appellate court, we disagree with its reasoning.
II. Standard of Review
In reviewing the judgment on a motion to dismiss for violation of the constitutional right to a speedy trial, we make our own independent constitutional analysis. See State v. Bailey, 319 Md. 392, 415, 572 A.2d 544, 554-55, cert. denied, 498 U.S. 841, 111 S.Ct. 118, 112 L.Ed.2d 87 (1990); see also Crosby v. State, 366 Md. 518, 526, 784 A.2d 1102,1106 (2001)(stating that “when the issue is whether a constitutional right has been infringed, we make our own independent
III. Discussion
The constitutional analysis to be applied in the speedy trial context was articulated by the United States Supreme Court in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). We consistently have applied the Barker factors when considering alleged violations of both the Sixth Amendment of the United States Constitution and Article 21 of the Maryland Declaration of Rights.
A post-indictment, pre-trial delay of sufficient length becomes presumptively prejudicial and thereby triggers scrutiny under the Barker factors. See Doggett v. United States, 505 U.S. 647, 651-52, 112 S.Ct. 2686, 2690-91, 120 L.Ed.2d 520, 528 (1992). Once such a delay is demonstrated, courts must balance the following four factors to determine whether a constitutional violation has occurred: the length of the delay, the reasons for the delay, the defendant’s assertion of his speedy trial right, and the presence of actual prejudice to the defendant. Barker, 407 U.S. at 530, 92 S.Ct. at 2192, 33 L.Ed.2d at 117; accord Doggett, 505 U.S. at 651, 112 S.Ct. at 2690, 120 L.Ed.2d at 528. Thus, the length of delay is a
While the four factors are not exclusive, they provide a framework by which courts and practitioners may determine and ensure the integrity of a constitutional right which has often been described as amorphous, fluid, and unquantifiable, and which necessarily compels courts to consider speedy trial cases on an ad hoc basis. See Bailey, 319 Md. at 414-15, 572 A.2d at 554 (stating that because the speedy trial right is “amorphous and slippery ... it is impossible to determine with precision when the right has been denied”); Brady v. State, 291 Md. at 266, 434 A.2d at 577 (discussing the difficulty with weighing the factors in the balancing test and stating that “[d]espite this difficulty ... it is the function of the court to sift through the various factors, employ some reasoned analysis to determine which are more important and which have greater impact, and reach a just determination as to which way the scales tip”); Erbe, 276 Md. at 546, 350 A.2d at 643 (noting that a balancing test “necessarily compels courts to approach speedy trial cases on an ad hoc basis”)(quoting Barker, 407 U.S. at 530, 92 S.Ct. at 2192, 33 L.Ed.2d at 116-17). Therefore, our independent constitutional appraisal of the petitioner’s speedy trial claims begins most effectively with a factor-by-factor approach.
A. The Length of Delay
While no specific duration of delay constitutes a per se delay of constitutional dimension, Barker, 407 U.S. at 523, 92 S.Ct. at 2188, 33 L.Ed.2d at 113 (finding no basis for quantifying a specific length at which the speedy trial right might be violated), we have employed the proposition that a pre-trial delay greater than one year and fourteen days was “presumptively prejudicial” on several occasions. See Divver, 356 Md. at 389-90, 739 A.2d at 76-77 (1999); Brady, 291 Md. at 265, 434 A.2d at 576 (fourteen-month delay gives rise to a prima facie speedy trial claim); Jones, 279 Md. at 6, 367 A.2d at 5;
As emphasized by the Supreme Court, the delay that can be tolerated is dependent, at least to some degree, on the crime for which the defendant has been indicted. See Barker, 407 U.S. at 531, 92 S.Ct. at 2192, 33 L.Ed.2d at 117 (stating that “the delay that can be tolerated for an ordinary street crime is considerably less than a serious, complex conspiracy charge”). Unlike the circumstances presented in Divver v. State, 356 Md. 379, 739 A.2d 71 (1999), where we found the delay of twelve months and sixteen days to be “of uniquely inordinate length for a relatively run-of-the-mill District Court case [for driving under the influence of alcohol],” id. at 390, 739 A.2d at 77, the delay in the case sub judice, while somewhat unnecessary, was not an- inordinate delay for a murder case involving complex DNA evidence.
While the nature of the charges do not validate automatically a specified duration of delay in trial, see Bailey, 319 Md. at 411, 572 A.2d at 553 (finding that drug possession and distribution charges, in and of themselves, do not justify a two-year delay), courts must be cognizant of both the degree of complexity associated with a particular charge and the potential impact an adverse verdict would have on the accused. In a murder case, for example, society has an interest in an expeditious trial, see id. at 395-96, 572 A.2d at 545 (discussing generally the societal interest in providing a speedy trial), but society also has an interest in ensuring that sentences of life imprisonment or death are rendered upon the most exact verdicts possible. DNA evidence may provide that exactness, and to the extent that the delay is not inordinate, society may weigh the precision which DNA evidence potentially provides more heavily than proceeding with a murder trial without such evidence in the name of expediency.
The fourteen-month delay certainly requires constitutional scrutiny. It is not so overwhelming, however, as to
B. The Reasons for the Delay
In Bailey, supra, we subscribed to the continuum pronounced by the Supreme Court in Barker with respect to the reasons for a pre-trial delay:
Closely related to length of delay is the reason the government assigns to justify the delay. Here, too, different weights should be assigned to different reasons. A deliberate attempt to delay the trial in order to hamper the defense should be weighted heavily against the government. A more neutral reason such as negligence or overcrowded courts should be weighted less heavily but nevertheless should considered since the ultimate responsibility for such circumstances must rest with the government rather than with the defendant. Finally, a valid reason, such as a missing witness, should serve to justify appropriate delay.
Bailey, 319 Md. at 412, 572 A.2d at 553 (quoting Barker, 407 U.S. at 531, 92 S.Ct. at 2192, 33 L.Ed.2d at 117).
Pursuant to this continuum, we will analyze the delays that occurred during the post-indictment, pre-trial period of the petitioner’s case. The first postponement, requested
We digress momentarily to observe that other jurisdictions similarly have accepted some delay in order to ensure the most accurate judgment scientifically possible, specifically with respect to DNA evidence. See State v. Stroud, 459 N.W.2d 332, 335 (1990) (holding that a delay to obtain DNA testing meets the good cause standard when the reason for delay was outside the state’s control, the DNA evidence was essential to the State’s case, and the defendant failed to prove that he would suffer legally recognizable prejudice by the delay); Gray v. State, 728 So.2d 36, 51 (Miss. 1998)(explaining that the delay of 247 days was not excessive for a capital murder case particularly because the defendant “was in a position to bene
The second postponement in the petitioner’s case occurred because, again, the Circuit Court was unable to provide both judge and jury for the petitioner’s trial. While it is somewhat disturbing that a case would be scheduled twice without a judge available, this basis for the postponement can only be deemed neutral.
The third postponement, while requested by the petitioner, was in fact a result of the State’s failure to comply with the discovery guidelines for DNA evidence. Granted, the DNA test results, themselves, were submitted to the petitioner well within the thirty-day requirement of Section 10-915, but the notes from the crime lab pertaining to the testing procedures and methodology were not delivered to the petitioner until approximately twenty days prior to trial (and approximately ten days prior to the scheduled motions’ hearing). It is unclear from the record whether the State’s failure to produce the complete DNA reports pursuant to discovery obligations rises to a level of negligence; it is clear, however, that the State failed to be aggressive in securing the materials necessary for its and the petitioner’s thorough review. While we
Despite our admonition for the State’s lack of diligence when the case- was postponed for the third time, the delays in petitioner’s case, as a whole, stem largely from neutral reasons. In addition, the State appears to have been as concerned with the delays as the petitioner and there is not the slightest implication that the State failed to act in good faith.
C. The Assertion(s) of the Right to a Speedy Trial
Often the strength and timeliness of a defendant’s assertion of his speedy trial right indicate whether the delay has been lengthy and whether the defendant begins to experience prejudice from that delay. See Barker, 407 U.S. at 531-32, 92 S.Ct. at 2192-93, 33 L.Ed.2d at 117-18; Bailey, 319 Md. at 409, 572 A.2d at 552. The petitioner in the case sub judice twice asserted his right to a speedy trial. He first demanded a speedy trial in March of 1999, only two months after his indictment.
D. Prejudice to the Defendant
In analyzing the fourth factor, actual prejudice to the defendant, we are, in essence, considering the harms against which the speedy trial right seeks to protect: (i) oppressive pre-trial incarceration; (ii) anxiety and concern of the accused; and (iii) impairment of the accused’s defense. See Bailey, 319 Md. at 416-17, 572 A.2d at 555-56 (quoting Barker, 407 U.S. at 532, 92 S.Ct. at 2193, 33 L.Ed.2d at 118).
While the pre-trial incarceration was of constitutional dimension requiring scrutiny under the Barker factors, we do not believe that it was inordinate or unduly oppressive given the factual circumstances of this case. Specifically, the petitioner’s trial was delayed as a result of a quest, by both parties, for complete and accurate DNA evidence and administrative delays resulting from the unavailability of judges.
With respect to the second element, we have recognized that emotional stress from a prolonged delay “can
Of the three elements, the most serious is the potential that a delay will impair the ability to present an adequate defense and thus skew the fairness of the entire adversarial system. A delay in trial can result in the impairment of one’s defense due to both tangible factors, such as the unavailability of witnesses or loss or destruction of records, and intangible factors, including fading memories about the incident in question and a decrease in the likelihood that exculpatory witnesses can be found.
The trial court inferred an impairment of petitioner’s defense because of the time period that elapsed between the
Passage of time, whether before or after arrest, may impair memories, cause evidence to be lost, deprive the defendant of witnesses, and otherwise interfere with his ability to defend himself. But this possibility of prejudice at trial is not itself sufficient reason to wrench the Sixth Amendment from its proper context. Possible prejudice is inherent in any delay, however short; it may also weaken the Government’s case.
(emphasis added). To the extent that the trial judge found prejudice, we believe his findings of fact were clearly erroneous.
IV. Conclusion
Balancing the four factors is undoubtedly a sensitive task, completely dependent on the specific facts presented by each unique case. In carrying out this difficult task, we are
The peculiar circumstances of this case, namely the attempts to acquire complete DNA evidence, coupled with the fact that no evidence on the record established prejudice, leads us to our conclusion that the petitioner’s speedy trial right was not violated. Therefore, while we disagree with the reasoning of the Court of Special Appeals, we affirm the ultimate judgment.
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS TO BE PAID BY THE PETITIONER.
BELL, C.J;, ELD RIDGE, and HARRELL, JJ., dissent.
. The DNA analysis compared DNA extracted from bloodstains on the victim's jeans pocket and a blood sample from the petitioner. The precise date on which the samples were collected is unclear from the record. It appears, however, that a blood sample was taken from the petitioner when the petitioner was brought to police headquarters for questioning, a lew months after the murder.
According to the State, the samples were sent to the Maryland State Police Crime Laboratory sometime after the petitioner's arraignment in
In his motion to dismiss for lack of speedy trial, the petitioner contends that it was not until on or about October 12, 1999, that the State provided the DNA reports; the laboratory notes that generally accompany DNA test results were not provided until late December 1999.
. The hearing on the motion for postponement in the Circuit Court for Harford County occurred on July 14, 1999; the court verbally granted the State’s postponement request.
. It appears that the difficulty in securing a judge resulted from, at least in part, the retirement of one of the judges on the Circuit Court for Harford County, whose position remained unfilled at the time the petitioner’s trials were scheduled.
. The DNA test results and serology reports were provided to the petitioner; however, the lab notes regarding testing procedures, etc.,
. Maryland Code (1974, 1998 Repl.Vol.), Section 10-915 of the Courts and Judicial Proceedings Article provides, in pertinent part:
(c) Purposes. — In any criminal proceeding, the evidence of a DNA profile is admissible to prove or disprove the identity of any person, if the party seeking to introduce the evidence of a DNA profile:
(1) Notifies in writing the other party or parties by mail at least 45 days before any criminal proceeding; and
(2) Provides, if applicable and requested in writing, the other party or parties at least 30 days before any criminal proceeding with:
(i) First generation film copy or suitable reproductions of autoradi-ographs, dot blots, slot blots, silver stained gels, test strips, control strips, and any other results generated in the course of the analysis;
(ii) Copies of laboratory notes generated in connection with the analysis, including chain of custody documents, sizing and hybridization information, statistical calculations, and worksheets;
(iii) Laboratory protocols and procedures utilized in the analysis;
(iv) The identification of each genetic locus analyzed; and
(v) A statement setting forth the genotype data and the profile frequencies for the databases utilized.
(d) Prerequisites. — If a party is unable to provide the information required under subsection (c) of this section at least 30 days prior to the criminal proceedings, the court may grant a continuance to permit such timely disclosures.
. The March 23, 2000, suppression hearing concerned two statements made by petitioner at police headquarters on March 17 and 18, 1998. The court suppressed these statements because the State failed to establish the voluntariness of the defendant’s statements by a preponderance of the evidence.
. As will be discussed and applied in further detail, infra, the four factors in a speedy trial determination are: (1) the length of delay; (2) the reasons for the delay; (3) the defendant’s invocation of his right to a speedy trial; and (4) the prejudice to the defendant. See Barker, 407 U.S. at 530, 92 S.Ct. at 2192, 33 L.Ed.2d at 117.
. To determine the final factor, courts must consider three elements: whether the pre-trial incarceration was oppressive; whether the incarceration caused the defendant excessive anxiety and concern; and whether the delay impaired the defense. See Barker, 407 U.S. at 532, 92 S.Ct. at 2193, 33 L.Ed.2d at 118.
. The 6th Amendment of the United States Constitution states:
"[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial....” U.S. Const amend. VI.
Article 21 of the Maryland Declaration of Rights states:
“in all criminal prosecutions, every man hath a right ... to a speedy trial by an impartial jury. ...” Md Decl of Rights, art. 21.
In addition to the constitutional guarantees, Section 6-103 of the Criminal Procedure Article provides that unless good cause is shown, the trial may not be later than 180 days after the defendant’s (or counsel’s) appearance before the court. Specifically, Section 6-103 states:
§ 6-103. Trial date
(a) Requirements for setting date.—
(1) The date for trial of a criminal matter in the circuit court shall be set within 30 days after the earlier of:
(i) the appearance of counsel; or
*222 (ii) the first appearance of the defendant before the circuit court, as provided in the Maryland Rules.
(2) The trial date may not be later than 180 days after the earlier of those events.
(b) Change of date.—
(1) For good cause shown, the county administrative judge or a designee of the judge may grant a change of the trial date in a circuit court:
(1) on motion of a party; or
(ii) on the initiative of the circuit court.
(2) If a circuit court trial date is changed under paragraph (1) of this subsection, any subsequent changes of the trial date may only be made by the county administrative judge or that judge's desig-nee for good cause shown.
(c) Court rules. — The Court of Appeals may adopt additional rules to carry out this section.
See Md.Code (2001), § 6-103 of the Crim. Pro. Art.
. The petitioner filed a demand for speedy trial in the District Court on March 3, 1999. When the case proceeded to the Circuit Court, he filed the demand in Circuit Court on March 25, 1999.
. The period of lime relevant to speedy trial analysis begins with the date of arrest or filing of indictment, in this case, February 26, 1999, see Divver, 356 Md. at 388-89, 739 A.2d at 76, and not the date of the offense (February 24, 1998).
. The petitioner challenged the pre-indictment delay on due process grounds. To prevail, the petitioner was required to establish both (1) actual prejudice, and (2) that the delay was purposefully made by the State to gain a tactical advantage over the accused. See Clark v. State, 364 Md. 611, 645, 774 A.2d 1136, 1156 (2001). The trial court did not rule on the petitioner’s pre-indictment delay motion. The issue of preindictment delay is not before this Court.
Dissenting Opinion
Dissenting Opinion by
in which BELL, C.J. and ELDRIDGE, J., join.
I respectfully dissent in this fact-bound case. The trial judge’s dismissal of the indictment was legally correct, in my view. Contrary to the conclusions offered in the Majority’s analysis, the record does not reflect that the delays occasioned by the DNA testing process and transmittal of the results and
The victim was discovered by law enforcement authorities on 24 February 1998. The State, therefore, had early access to samples of the victim’s blood and the jeans he was wearing when discovered, from which jeans a bloodstain on a pocket was discovered much later that became a critical focus of the DNA analysis. Unfortunately, and for reasons that go unexplained on this record, the pocket bloodstain evidence went undiscovered by the authorities until sometime in late April-early May 1999.
The record is obscure as to when the samples were forwarded, and to which laboratory initially, for DNA testing. The State’s written trial postponement request, filed on 2 July 1999, stated as grounds for a postponement, inter alia, “scientific evidence (D.N.A. testing results) not back from F.B.I.
The record, however, does not- reveal that any of the samples ever were sent to the FBI for testing. Rather, it appears that the Maryland State Police crime lab performed both of the DNA tests in this case. In a letter, dated 30 July 1999,
Petitioner, on 23 August 1999 at the latest, asked for the testing notes from the State Police crime lab regarding any DNA testing. The prosecutor supplied the chemist’s notes from the PCR testing, but, at a 20 December 1999 court hearing, claimed that crime lab personnel advised him that no notes were taken relative to the RFLP test. Petitioner’s counsel registered surprise that no notes existed for the more sophisticated RFLP test in light of the facts that notes were made on the less sophisticated PCR test and the results of the RFLP test depicted as “uninterpretable” 3 of the 6 genetic markers obtained from the DNA profile of the jeans pocket bloodstain when compared to Petitioner’s DNA profile from his blood sample.
Two days after the 20 December 1999 hearing, the prosecutor forwarded to Petitioner’s counsel copies of the chemist’s notes from the second DNA test that was the subject of the 27 August 1999 report. As the prosecutor explained to the court at a 6 January 2000 hearing on Petitioner’s Motion To Suppress the DNA evidence, the confusion over whether notes existed for the presumed RFLP test was occasioned by: (1) different chemists conducting the PCR and RFLP tests; (2) both chemists leaving State employment in September 1999; (3) the next assigned contact person at the State Police crime lab responsible for the case could not find the notes from the second test (which were in a file at the lab); and, (4) it took the involvement of the lab supervisor and others to search and locate the notes. Essentially, the prosecutor chalked-up the delay to unintentional internal confusion at the crime lab caused by imprecision in the transfer of responsibilities.
This is what the record of this case reveals. As is patently clear, the delays attributable to the obtention of samples and DNA testing were laid at the feet of the State. The delays were not occasioned by the complexity of testing. Therefore, it is of concern to me that the Majority, in its analysis of the Barker v. Wingo considerations, glosses over and misstates what the record shows and, instead, leads the analysis down a theoretical primrose path that bears no relevance to the facts and permissible inferences present in this case. In its examination of the Barker “reasons for delay” factor, the Majority reasons that “DNA evidence is highly technical, often requiring courts to allow more time for completion of the tests and review, by both parties of the results.” (Maj. op. at 226). It then acknowledges, however, the “State [has] a duty to coordinate the various criminal divisions, including those responsible for laboratory analysis, necessary to bring a defendant to trial. This duty includes, of course, ensuring that critical discovery materials, such as DNA evidence, are properly monitored and accounted for, and not simply collecting dust in State or federal crime labs. In regard to the State’s initial request for postponement, we find no evidence that the State failed to act in a diligent manner and therefore, we conclude that these grounds for the postponement were both neutral and justified.” (Id.).
Except for its inability to find “evidence” in the record “that the State failed to act in a diligent manner”
. In Doggett v. United States, 505 U.S. 647, 112 S.Ct. 2686, 120 L.Ed.2d 520 (1992), the Supreme Court said:
Between diligent prosecution and bad-faith delay, official negligence in bringing an accused to 1rial occupies the middle ground. While not compelling relief in every case where bad-faith delay would make relief virtually automatic, neither is negligence automatically tolerable simply because the accused cannot demonstrate exactly how it prejudiced him.
. The prosecutor explained to the court at a 14 July 1999 hearing on the State’s initial postponement request that the bloodstain on the pocket was discovered while "going through the evidence for a closer look.”
. The prosecutor who argued the postponement request also mentioned he had only been "recently ... assigned to the matter/' taking over for an earlier assigned prosecutor.
. A copy of the letter was filed with the court on 2 August 1999.
. The report is dated 7 July 1999, but does not contain any clear indication when and from whom the samples were received initially, whether the samples had been routed initially to the FBI, or when the test was conducted. It could be inferred from the file number (# F98-130), however, that a file on the matter was opened in 1998.
. See Williams v. State, 342 Md. 724, 744-45 n. 6, 679 A.2d 1106, 1117 n. 6 (1996), for a technical explanation of the PCR and RFLP testing processes.
. The Majority, later in its analysis of the reasons for delay, chastises the State for its "failure to comply with discovery guidelines for DNA
Reference
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- Robert Matthew GLOVER, v. STATE of Maryland
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