State of Maine v. Victoria Scott
State of Maine v. Victoria Scott
Opinion of the Court
ALEXANDER, J.
[¶1] Victoria Scott appeals from a judgment of conviction for manslaughter (Class A), 17-A M.R.S. § 203(1)(A) (2018), entered in the trial court (Waldo County, R. Murray, J. ) after a jury trial. Scott challenges (1) testimony from two witnesses, (2) statements made by the State during its closing argument, (3) the sufficiency of the evidence, (4) the court's denial of her motion for voir dire and a new trial based on allegations of juror misconduct, and (5) her sentence.
I. CASE HISTORY
[¶2] Viewing the evidence in the light most favorable to the State, the jury could have found the following facts beyond a reasonable doubt. See State v. Nobles ,
[¶3] On February 8, 2017, Victoria Scott and a friend were at a house in Waldo, where they were staying to help care for the homeowner as she recovered from a serious illness. Scott had been drinking vodka and smoking marijuana and had recently taken prescription pain killers and anti-anxiety medication.
[¶4] Sometime around 5:00 p.m., the victim arrived at the house. The victim was a close friend of the homeowner and stayed at her house regularly enough that he had a key to it; he was well-acquainted with both Scott and the friend. The victim entered the house through the basement door and came upstairs into the living room where the homeowner was sitting.
*210He and the homeowner had a discussion about Scott and the friend, during which he made derogatory statements about them and expressed concern that they were taking advantage of the homeowner. In the course of the conversation, the victim became upset and told the homeowner that he had to leave because he did not want to see Scott and the friend.
[¶5] Scott and the friend had been in a bedroom listening to the victim's conversation with the homeowner and came out when they heard him leave by the basement stairs. Appearing upset and angry, Scott asked the homeowner whether she had heard what the victim said about her correctly. Scott-who was wearing pajama pants and a long-sleeved shirt-then ran back to the bedroom, put on a coat, and quickly went outside to confront the victim.
[¶6] Once outside, Scott saw the victim walking away from the house and down the long driveway with his back to her. Scott called after the victim, "what the f--- is your problem?" The victim turned around abruptly, grabbed Scott by the arms, and shook her while swearing at her. When he released her, she fell backward on the ground. The victim turned to continue walking down the driveway. At that point, Scott acknowledged that she could have safely returned to the house while the victim was walking away, but instead she got up and followed him further down the driveway. Catching up to the victim, Scott touched his elbow and asked him again, "what the f--- is your problem?" and, "[w]hy would you do that to me?" Later, she told a detective that she was like a "pit bull ... with a bone" and that she could not let the victim go without an explanation.
[¶7] At some point during this confrontation, Scott pulled out a knife and stabbed the victim. The two had a physical altercation on the snow-covered ground by a log at the edge of the driveway, during which Scott stabbed the victim repeatedly in the back of his left thigh and calf.
[¶8] Once inside, Scott-who was covered with blood-told the friend and the homeowner that the victim had attacked her and that she had stabbed him in self-defense. The homeowner called her niece-who lived down the road and was friendly with the victim-and asked her to come to the house to help break up a fight. While Scott cleaned herself up, she asked the friend to retrieve the eyeglasses she lost during her altercation with the victim.
[¶9] The friend went downstairs to go out into the driveway but encountered the victim in the basement. Because the basement was dark, the friend failed to notice the extent of the victim's injuries or how much blood there was on the basement floor. Acting on the information Scott had given him, the friend threw the victim to the floor and told him "you can't attack girls, you know, it's not cool."
[¶10] The homeowner's niece arrived at the house shortly thereafter. Upon her arrival, she noticed blood in the driveway and saw a leg sticking out from an open door of the homeowner's truck. When she got closer to the truck, she recognized the victim and saw that he was not breathing, his eyes were rolled up in his head, and he was covered in blood. The niece-who had some medical training-tapped the victim on the shoulder and checked his pulse; finding no signs of life, she called 9-1-1 and pulled the victim from the truck to perform CPR. She did not stop her resuscitation efforts until police officers and paramedics arrived and took over. At approximately 6:39 p.m., a paramedic pronounced the victim dead.
[¶11] Scott came out of the house when the police arrived; she had changed out of her pajama pants and was wearing a pair of ripped jeans. She told a police officer that she had acted in self-defense and turned over her knife. Because she was bleeding from a wound on her thigh and appeared to suffer a stress-induced seizure, a second ambulance was called to treat Scott. When the second ambulance arrived, a paramedic attended to Scott at the scene. She told the paramedic that the victim had punched her in the face and choked her, but the paramedic saw no visible signs of injury other than the thigh wound. Scott was subsequently transported to Waldo County General Hospital via ambulance.
[¶12] When Scott arrived at the hospital, she told the emergency room doctor that she had been strangled and hit her head on the bumper of the truck in the driveway. The doctor examined her and found no visible signs of trauma other than a laceration on her right thigh. CT scans of Scott's neck, head, abdomen, and pelvis revealed no bleeding or other abnormalities. A toxicology screen showed tetrahydrocannabinol (THC), oxycodone, and benzodiazepine in Scott's system.
[¶13] After leaving the hospital, Scott returned to the house in Waldo with a detective to participate in a video-recorded walkthrough. She then spoke with the same detective in several follow-up interviews over the next few days. Although Scott maintained that she had acted in self-defense, she made several inconsistent statements and did not have any bruising or visible signs of injury other than the cut on her leg.
[¶14] In May 2017, Scott was indicted by a Waldo County grand jury and charged with one count of manslaughter (Class A), 17-A M.R.S. §§ 203(1)(A), 1252(4) (2018). After a five-day jury trial in April 2018, the jury returned a guilty verdict. Shortly *212thereafter, Scott filed a motion for a new trial, alleging that a juror had engaged in misconduct that compromised the integrity of the trial and asking the court to question the juror and order a new trial. See M.R.U. Crim. P. 33. The State opposed the motion and, following a hearing on the matter, the court denied it.
[¶15] Scott also filed a motion for a presentence psychological evaluation, which was granted. After Scott was evaluated, a presentence psychological evaluation report and a later addendum were filed with the court. The sentencing hearing was ultimately held in August 2018, at which time the court entered a judgment of conviction and sentenced Scott to sixteen years of imprisonment, with all but eleven years suspended, and four years of probation. It also ordered Scott to pay $5,531.60 in restitution to the Victims' Compensation Fund.
[¶16] Scott timely appealed from the judgment of conviction. See 15 M.R.S. § 2115 (2018) ; M.R. App. P. 2B(b)(1).
II. LEGAL ANALYSIS
A. Challenged Testimony
[¶17] Scott first asserts that testimony from two of the State's witnesses unfairly prejudiced the jury and deprived her of a fair trial. We address the challenged testimony of each witness in turn.
1. The Homeowner
[¶18] Scott filed a pretrial motion in limine seeking to bar the State from introducing evidence regarding two other alleged stabbings. The court granted the motion. During Scott's cross-examination of the homeowner at trial, the homeowner obliquely referenced one of the incidents in a nonresponsive statement:
[Defense Counsel:] Okay.... Let's switch gears a little bit here. You gave several statements to the police, do you remember that? Two that night and one probably a little later in the morning; do you recall?
[The homeowner:] No, I recall somebody come up to my brother's a couple of times, and I had to give my shoes up, and I told them that my son was stabbed by her .
(Emphasis added.) Scott did not object to the testimony, expressly declined a curative instruction in a strategic attempt to avoid highlighting the statement, and did not move for a mistrial. She now contends on appeal that the homeowner's testimony "irretrievably tainted the jury's view of [her] and every piece of evidence, and thus requires ... a new trial."
[¶19] Although Scott argues that the admission of the homeowner's statement was an obvious error that affected her substantial rights, we have previously cautioned that "[w]e do not review alleged errors that resulted from a party's trial strategy," State v. Rega ,
[¶20] By expressly declining a curative instruction for strategic reasons and not otherwise moving for a mistrial, Scott failed to preserve for appellate review the admissibility of the homeowner's statement or any potential prejudice flowing *213therefrom. See Rega ,
2. The Detective
[¶21] During Scott's cross-examination of the Maine State Police detective who had interviewed her after the incident, Scott asked the detective, "But you can't talk to [the victim] anyway, right?" The detective responded, "No, she killed him." Although the detective's answer was responsive to the question, Scott immediately requested a sidebar at which she objected, saying, "I object, Your Honor. That's what this trial is here for to decide if she's responsible for his death or not. And it is wholly objectionable that he has made that pronouncement. I'd like that stricken from the record." The court agreed to strike, and instructed the jury, "Men and women of the jury, the last portion of the last response by the witness to the effect where the witness said she killed him was not responsive to the question and I'd ask you to disregard that portion of the response." Scott did not move for a mistrial.
[¶22] Scott contends on appeal that the court's curative instruction was inadequate because the statement could not "be erased from the jurors' minds." We note first-and Scott conceded the same at oral argument-that there was no dispute at trial that Scott stabbed the victim repeatedly and that he died from the resulting wounds. Thus, we are not persuaded that the detective's statement that Scott killed the victim was unfairly prejudicial.
[¶23] Even accepting Scott's argument that she was unfairly prejudiced, we have consistently held that a "trial court's determination of whether exposure to potentially prejudicial extraneous evidence would incurably taint the jury verdict or whether a curative instruction would adequately protect against consideration of the matter stands unless clearly erroneous." State v. Nelson ,
B. Allegations of Prosecutorial Misconduct
[¶24] Scott next asserts that the prosecutor made several statements during his closing argument that constituted prosecutorial misconduct and compromised the integrity of the trial. She contends,
He argued two theories that had not been supported by evidence during trial, and misrepresented two pieces of testimony to support these arguments. The first unsupported argument was that *214[Scott] had stabbed [the victim] while they were both standing. The second unsupported argument was that [Scott] did not have her jeans on while she was outside, only her pajama pants. The prosecutor also misrepresented two pieces of testimony to support his unsupported theories.
Scott did not object to the prosecutor's closing arguments at trial.
[¶25] Because Scott did not object to the statements at trial, we review for obvious error. See State v. Dolloff ,
[¶26] A prosecutor "may present an analysis of the evidence in summation with vigor and zeal" but is prohibited from "[m]isrepresenting material facts in the record or making statements of material fact unsupported by any evidence." Id. ¶¶ 41, 42. "[W]e have repeatedly ... upheld the prosecutor's ability to argue vigorously for any position, conclusion, or inference supported by the evidence." State v. Cote ,
1. The Timing of the First Stabbing
[¶27] Scott argues that the prosecutor, in his closing, "pushed the fiction that [she] ran out of the house with the knife in her hand and stabbed [the victim] as he walked away from her." Scott contends that there was no evidence to support the prosecutor's closing argument that she "was the one [who] provoked any reaction on the part of [the victim] by confronting him down by the truck and then stabbing him in the back of the thigh as he's walking away past the blue bus" that was parked further down the driveway.
[¶28] Contrary to Scott's contention, the prosecutor's argument on this issue was fairly based on the facts in evidence. The medical examiner testified that of the five stab wounds on the victim's thigh, one was further away from the other clustered wounds and was oriented differently. The medical examiner explained that this suggested the wound was inflicted at a different time with the knife held at a different angle. Furthermore, in an interview-a recording of which was admitted in evidence-Scott responded to a police detective's questions about when she took out her knife as follows: "it was more towards when we were past the blue bus when it came out." Although, at trial, Scott denied taking the knife out before she was on the ground fighting with the victim, the prosecutor was free to argue to the jury that, based on the evidence presented, it could arrive at a different conclusion. Because the prosecutor's suggested inference was fairly based on the evidence, his comments did not constitute prosecutorial misconduct. See Cote ,
*2152. Jeans or Pajama Pants
[¶29] Scott contends that the prosecutor made an unsupported assertion during closing argument that she was wearing only pajama pants when she went outside to confront the victim. The question of which pants she was wearing was important to show her state of mind because she testified that she always kept her knife in the pocket of her jeans, and did not ordinarily keep the knife in the pocket of her pajama pants.
[¶30] Once again, the prosecutor's assertion regarding Scott's pants was fairly based on the facts in evidence. The friend who was present at the house on the night of the incident testified that Scott was wearing pajama pants-not jeans-when she came back inside the home after the altercation, and that she changed into jeans only after returning to the house. Although Scott testified that she was wearing the jeans over the pajama pants when she went outside, and the EMT who treated her at the scene testified that she was wearing jeans with a rip near her thigh wound, the prosecutor was free to suggest a different conclusion to the jury based on the friend's testimony.
3. She "Grabbed Something" and "You Don't Grab Someone by the Shoulders"
[¶31] Scott challenges the following statement made by the prosecutor during closing argument: "[The homeowner] said [Scott] went into the bedroom and grabbed something. Did she go in and grab that knife after [the victim] is trash talking her to [the homeowner]?" Scott correctly points out in her brief that the homeowner did not, in her trial testimony, say anything about Scott grabbing something; the homeowner's actual testimony was "[Scott] goes running to my son's room and comes running back out, went out the back door off the kitchen." The State acknowledges that its attorney "apparently misspoke" on this point, but argues that "it was reasonable for the prosecutor to ask the jury to infer that Scott went into her bedroom to retrieve the knife before she went outside to confront [the victim]."
[¶32] Scott takes further issue with the portion of the State's rebuttal closing argument in which the prosecutor said, "When that person calls you names and shoves you down, you don't grab their shoulder, pull out your knife, and stab them in the leg." She argues that "[t]here was never any testimony or evidence that [Scott] grabbed [the victim] by his shoulders." We note that although there is no evidence that directly supports the State's argument on this point, Scott did testify that, after her first altercation with the victim, she followed him down the driveway and "reached out and touched his elbow."
[¶33] When viewed in the overall context of the five-day trial, the prosecutor's minor misstatements about the testimony and shoulder grabbing do not rise to the level of prosecutorial misconduct. See Dolloff ,
[¶34] There is no indication that the prosecutor acted in bad faith, and any possible prejudice to Scott that resulted from the misstatements was remedied by the court's instructions to the jury that "the opening statements and closing arguments of each of the attorneys are not evidence" and "[i]f once you get inside the jury room your memory of the evidence is different from their memory of the evidence, it's your memory that counts, not theirs." See State v. Winslow ,
C. Sufficiency of the Evidence
[¶35] Scott argues that the "evidence was insufficient to prove every element of manslaughter or to disprove every element of self-defense beyond a reasonable doubt."
*217[¶36] "A person is guilty of manslaughter if that person ... [r]ecklessly, or with criminal negligence, causes the death of another human being." 17-A M.R.S. § 203(1)(A). "A person acts recklessly with respect to a result of the person's conduct when the person consciously disregards a risk that the person's conduct will cause such a result." 17-A M.R.S. § 35(3)(A) (2018). "A person acts with criminal negligence with respect to a result of the person's conduct when the person fails to be aware of a risk that the person's conduct will cause such a result." 17-A M.R.S. § 35(4)(A) (2018). For these states of mind, the actor's conscious disregard of the risk or the failure to be aware of the risk "must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation." 17-A M.R.S. § 35(3)(C), (4)(C) (2018).
[¶37] "The culpable state of mind required by the statutory definition of manslaughter therefore calls for jurors to resort to their own experiences and common sense in order to identify normative expectations about how 'reasonable and prudent' people should act in a particular situation." State v. Lowe,
[¶38] As requested by Scott, the court instructed the jury on self-defense. Scott asserts that the evidence was not sufficient to support the jury's rejection of the justification of self-defense. As the defendant, she "[bore] the burden of production to generate the issue with sufficient evidence, though the State [bore] the burden of persuasion to disprove the defense." State v. Herzog ,
[¶39] Contrary to Scott's assertions, there is significant evidence that undermines her claims of self-defense. Foremost among that evidence is her own testimony that she could have safely returned to the house after her first altercation with the victim. Based on that testimony alone, the jury could have rationally found beyond a reasonable doubt that Scott was not justified in using deadly force. See 17-A M.R.S. § 108(2)(C)(3)(a).
*218D. Denial of Motion for Voir Dire and a New Trial
[¶40] Scott argues that the court erred by denying her motion for voir dire of a juror (identified as Juror A) who communicated about the case three separate times during a break from deliberations, as well as her request for a new trial, see M.R.U. Crim. P. 33, because of that misconduct.
[¶41] The court held a hearing on Scott's motion and heard arguments from both sides. Scott does not suggest that any relevant facts could have been developed that were not addressed by the parties' arguments at hearing. At the conclusion of the hearing, the court made the following findings:
[T]he behavior of the juror that has been identified relates to a violation of what this [c]ourt had indicated to the jurors in not speaking with others about the case and indicating to the jurors on numerous occasions if anyone attempted to communicate with them to notify the court. So in that context the misconduct of the Juror A that's been referenced here has been identified as being three occasions in which the juror initiated some kind of communication or contact with three different individuals. The State's attorneys in passing on the way to lunch, which has been identified at the time and since in these memorandums; the contact the juror initiated with what was later identified as [Scott's] sister in a bathroom during or contemporaneous with that lunch break; and the juror's initiation of the communication with the court officer upon returning from that same lunch break. All of those instances involve the juror again initiating communication and making comments to the effect relevant to her alluding to hoping to make the right decision, praying to make the right decision, et cetera, or an acknowledgement of the difficulty that the circumstances may have with various family members.
The court also found that, because there was no evidence "whatsoever of ... any extraneous information being presented to the juror from any outside source," no presumption of prejudice arose, and no further information could be obtained through voir dire. Based on those findings, the court denied Scott's motion.
[¶42] "We review the trial court's decision on a motion for a new trial for an abuse of discretion and any findings underlying its decision for clear error." State v. Daluz ,
[¶43] The Maine and federal constitutions guarantee that criminal defendants shall have the right to an impartial jury trial. U.S. Const. amend. VI ; Me. Const. art. I, § 6. "To be valid, verdicts in criminal cases must be the result of honest deliberations, absolutely free from juror prejudice or bias." State v. Royal ,
[¶44] Courts, however, are "generally barred from inquiring into the jury's deliberations" because of the long-established rule that "a juror is not available to impeach a verdict in which [that juror] participated." State v. Leon ,
*219State v. Watts ,
[¶45] Scott acknowledges that the communications did "not creat[e] identifiable prejudice," but contends that they are presumptively prejudicial pursuant to Remmer v. United States ,
In a criminal case, any private communication, contact, or tampering, directly or indirectly, with a juror during a trial about the matter pending before the jury is, for obvious reasons, deemed presumptively prejudicial, if not made in pursuance of known rules of the court and the instructions and directions of the court made during the trial, with full knowledge of the parties. The presumption is not conclusive, but the burden rests heavily upon the Government to establish, after notice to and hearing of the defendant, that such contact with the juror was harmless to the defendant.
[¶46] We have noted before that "[t]he continuing validity of the presumption of prejudice standard articulated in Remmer , placing a special burden of persuasion on the prosecution, has been subject to question for some time." State v. Cheney ,
[¶47] Although we have not directly addressed the issue, we have previously "indicated that to raise a presumption of prejudice to impose a burden of proof on the State, the extraneous information [communicated to the juror] must relate to the law or facts of the case." Cheney ,
[¶48] In accordance with Cheney , we conclude that no presumption of prejudice arose in the circumstances presented by this case. Although the juror did unfortunately engage in misconduct, the court supportably found that she did not express any bias toward Scott and what little information she received through her improper communications was not relevant to either the facts the juror was asked to determine or the law she was instructed to apply in making her decision.
[¶49] Accordingly, the court did not abuse its discretion when it denied Scott's motion seeking voir dire of Juror A. Cf. State v. Fuller ,
E. Sentencing
[¶50] Finally, Scott contends that the sentence imposed on her by the trial court is unconstitutional because it is disproportionate and "cruel and unusual." U.S. Const. amend. VIII ; see Me. Const. art. I, § 9. She argues that the trial court impermissibly punished her for having an autism spectrum disorder that, according to a presentence psychological evaluation report, might limit her ability to show remorse. "We review the legality and constitutionality of a sentence de novo."
[¶51] We are not persuaded by Scott's argument that her sentence of sixteen years of imprisonment with all but eleven years suspended-which falls well within the limits authorized by the Legislature-is unconstitutional. See 17-A M.R.S. § 1252(2)(A) (2018) (authorizing courts to impose a term of imprisonment of up to thirty years); cf . State v. Ward ,
The entry is:
Judgment affirmed.
To the extent that Scott raises additional arguments not discussed in this opinion, we are unpersuaded.
In total, Scott stabbed the victim five times in the back of the thigh and twice in the calf of his left leg. The victim also had a cut on the right side of his head, a stab wound to his abdomen, a stab wound to his left arm, and a cut on his right forefinger. An autopsy revealed that the stab wounds on the victim's leg severed major arteries in his calf and thigh, which caused extensive bleeding. The State's medical examiner concluded that the victim died as result of blood loss from the stab wounds on his leg.
The friend received immunity from the State in exchange for testifying.
Scott had another seizure-like event shortly after arriving at the hospital and was treated with benzodiazepine. The emergency room doctor testified that this could explain the benzodiazepine that appeared in Scott's toxicology screen.
As part of the autopsy procedure, the victim's blood was also tested. It showed a blood-alcohol level of .098, and was also positive for caffeine, codeine, and tetrahydrocannabinol (THC).
Scott also filed an application to be permitted to appeal her sentence, which was denied by the Sentence Review Panel in October 2018. See M.R. App. P. 20. Additionally, Scott has filed a petition for post-conviction review, which has been automatically stayed pending the outcome of this appeal. See 15 M.R.S. § 2126 (2018).
Scott also challenges a statement made by the same detective during cross-examination in which he expressed his opinion that Scott "was a very competent and composed liar." Scott did not object to the statement at trial but now contends that the admission of the statement constituted obvious error. Even if we accept that the statement was objectionable, we discern no obvious error in the fact that the court did not address the detective's statement sua sponte . See State v. Perkins ,
We will not intrude "on the jury's role to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts." State v. Hansley ,
Scott also contends that the prosecutor engaged in misconduct by stating in his closing argument that she lied to the police. Although a prosecutor "may not properly convey to the jury his [or her] personal opinion that a defendant is lying," State v. Smith ,
In its cumulative-error analysis, the dissent references four asserted errors that are discussed in this opinion: two instances of purportedly "inadmissible and prejudicial testimony," one instance of a purportedly improper comment on the truthfulness of the defendant, and one instance of purportedly arguing facts not supported by the evidence. To support its analysis, the court then references the recent Sixth Circuit opinion in United States v. Acosta ,
Acosta was a joint trial of two defendants on a drug charge.
The extent of the errors referenced in Acosta stands in marked contrast to the few purported errors on close questions asserted by the dissent here. Indeed, the court in Acosta discussed nine separate errors and referenced two more-the questioning of a witness about the penalty for a charged crime and refusing the jury's request to view an admitted exhibit-to support vacating the jury's verdict.
As discussed earlier, Scott's application to appeal her sentence was denied by the Sentence Review Panel in October 2018. See M.R. App. P. 20.
Dissenting Opinion
[¶52] I respectfully dissent because I believe that Scott was denied a fair trial due to the cumulative effect of inadmissible and prejudicial testimony of two witnesses and improper remarks made by the prosecutor during closing argument. Although each of these errors may be harmless when viewed in isolation, the errors, when considered in toto, require reversal of the conviction. See State v. Boyd ,
A. Inadmissible and Prejudicial Testimony
[¶53] There were two occasions during the trial when inadmissible and prejudicial testimony was presented to the jury.
1. Testimony Regarding Alleged Past Stabbing
[¶54] Scott filed a pretrial motion in limine seeking to exclude testimony regarding two other incidents where Scott allegedly used a knife and stabbed an individual. The court granted the motion. At trial, however, a witness testified on cross-examination *221that Scott had stabbed her son. Scott did not object to this testimony or request a curative instruction. Further, at the conclusion of the cross-examination, the witness's testimony was discussed during a bench conference, but Scott's attorney did not request a curative instruction or a mistrial. See State v. Sexton ,
[¶55] On appeal, Scott contends that this testimony denied her a fair trial. Because Scott neither objected to this testimony at trial nor moved for a mistrial, we review for obvious error. State v. Patton ,
[¶56] M.R. Evid. 404 precludes "[e]vidence of a person's character or character trait ... to prove that on a particular occasion the person acted in accordance with the character or trait." M.R. Evid. 404(a)(1). Here, the trial court properly granted Scott's unopposed motion in limine, barring any reference to past incidents involving Scott stabbing another individual. See State v. Mills ,
[¶57] The admission of this testimony constitutes plain error in violation of the court's order excluding such evidence and standing alone could have warranted, in the court's discretion, the grant of a mistrial. See State v. Lambert ,
2. Detective's Testimony Asserting that Scott is a "Very Competent and Composed Liar"
[¶58] During the fourth day of the trial, a Maine State Police detective was questioned about whether Scott had taken the knife out of her pocket before or after she was on the ground. The detective testified:
Yes. And I guess ... what I'm saying to you is if you listen to the audio of when I interview her after the walk-through and I say to [Scott], you told me you were outside first and she says adamantly time after time I never said that, I never said that, when I clearly had a record that she did, I knew that [Scott ] was a very competent and composed liar , that she was lying to me in that moment, and I believed that's what was going on here.
Scott's attorney did not object to this testimony.
[¶59] Generally, "[o]ne witness's opinion of another witness's truthfulness is not helpful to the jury when the jury has the opportunity to hear both witnesses." State v. Sweeney ,
[¶60] Because there was no objection to this testimony, we must review this error using the obvious error standard of review. Patton ,
B. Prosecutorial Misconduct
[¶61] During closing arguments, the prosecutor (1) improperly commented on the truthfulness of the defendant and (2) argued facts that were not supported by the evidence. Similar to a recently decided case from the United States Court of Appeals for the Sixth Circuit, "[n]ot one of the prosecutor's statements drew an objection from trial counsel. Therefore, we may remand for a new trial only if plain error occurred." United States v. Acosta ,
1. Prosecutor's Improper Comment on the Veracity of Scott
[¶62] During closing argument, the prosecutor stated: "But you know who else ... lied to the police? Victoria Scott. How many different versions did she give to [the detective] about what happened in that driveway."
[¶63] We have consistently held that a lawyer must not assert a personal opinion regarding the credibility of a witness unless it is an argument grounded in an analysis of the evidence. See State v. Weisbrode ,
*223[¶64] In State v. Tripp ,
[¶65] Here, the prosecutor's statement did not "merely advis[e] the jury that it could conclude that [Scott was not] telling the truth." See Weisbrode,
2. Mischaracterized Testimony and Arguing Facts Unsupported by the Evidence
[¶66] In addition to the improper comment on the credibility of Scott, the prosecutor argued facts that were not supported by the evidence and mischaracterized the testimony of a witness.
[¶67] During closing arguments, the State must base "its summation on facts and testimony in evidence and the reasonable inferences that could be drawn therefrom." See State v. Ardolino,
[¶68] Here, the prosecutor argued that Scott went into a room in the house to get *224a knife and then she went outside and stabbed the victim in the back of the leg as the victim was walking away from her. Specifically, the prosecutor argued, "Does that tell you that Victoria Scott was so angry after she got shoved down in the driveway that she pulled out the knife, passed that blue bus, and stabbed [the victim] as [the victim] was walking away ?" Moreover, the prosecutor argued, "[The witness] said she went into the bedroom and grabbed something. Did she go in and grab that knife ...?"
[¶69] Although a prosecutor may base a closing argument on reasonable inferences that could be drawn from the evidence, here, there is not a scintilla of evidence in the record that would permit a reasonable inference that Scott went into the bedroom to get her knife and then "followed [the victim] down the driveway and stabbed [the victim as he was walking away]." Neither Scott's testimony, the medical examiner's testimony, nor any other witness's testimony permitted such an inference. In its appellate brief, the State conceded that the prosecutor misspoke when he said that a witness testified that Scott had grabbed something when she ran back into the bedroom.
[¶70] The medical examiner did not render any opinion as to how the knife wounds were inflicted on the victim with regard to the positioning of Scott and the victim. Although he did testify about a "fifth wound" as being different in orientation from the other cluster of wounds, he did not render any testimony or opinion as to what the location of the "fifth wound" meant with relation to Scott and the victim's relative positions at the time of the stabbing.
[¶71] The prosecutor's argument-that Scott went into the bedroom and grabbed her knife and then stabbed the victim as he was walking away-is extremely prejudicial because it is evidence of premeditation, a fact devastating to Scott's claim of self-defense. See State v. Ouellette ,
[¶72] The use of facts not testified to, concerning such an important issue, should be enough to warrant a reversal, and it certainly is a significant factor when considered with the numerous other errors in a cumulative-error analysis. See infra ¶¶ 73-77.
C. Cumulative-Error Analysis
[¶73] "[A] column of errors may sometimes have a logarithmic effect, producing a total impact greater than the arithmetic sum of its constituent parts." United States v. Sepulveda ,
In considering a claim of cumulative error, we look to the impact of a number of variables, such as the nature and *225number of the errors, their interrelationship, if any, how the [trial] court dealt with the errors as they arose, the length of the trial, and the strength of the government's case.
United States v. Gonzalez-Melendez ,
[¶74] The credibility of a defendant in a self-defense case is critically important. In this case, there were no eyewitnesses to the stabbing; Scott was the only one who could describe facts that would substantiate her assertion of self-defense. As a result, Scott's credibility was of paramount importance and the central issue in this trial. As the Sixth Circuit recently stated, "[i]n a case where credibility judgments were almost certainly determinative-because all of the government's evidence of guilt was circumstantial-such a comment may have been highly prejudicial." Acosta ,
[¶75] Not only was inadmissible and judicially precluded testimony regarding a past stabbing admitted, but Scott was also referred to as a "very competent and composed liar" in front of the jury by the investigating detective-an improper statement that was reinforced by the prosecutor during his closing argument. The interrelationship between the prejudicial testimony of the detective and the closing remarks by the prosecutor is an important factor in determining the cumulative effect of what could otherwise be considered harmless error. See Gonzalez-Melendez ,
[¶76] In addition to the above, the prosecutor's argument as to the sequence of events leading to the stabbing was improper and prejudicial. There is no possible way that the jury could infer from the evidence that Scott went into her bedroom to get her knife and then stabbed the victim in the back of the thigh as the victim was walking away. The prosecution presented a narrative to the jury that was not supported by the evidence in this case.
[¶77] In conclusion, considering the nature of the case and the interrelationship of the testimonial errors and improper prosecutorial remarks, I am unable to conclude that the jury was able to weigh and determine Scott's credibility fairly and independently. See Acosta ,
*226State v. Gervais ,
The relevant portion of the prosecutor's statement in State v. Tripp was as follows: "that nine-year old boy told you the truth . He told you what happened to him. He told you what his father did to him.... [I]t does all come down to [the victim] and [the defendant], because one of them wasn't telling the truth. One of them was lying here to all of us ."
The only evidence in the record regarding the positioning of Scott and the victim at the time of the stabbing stems from Scott's own testimony and the medical examiner's testimony that it was possible that the cluster of wounds could have been inflicted while the victim was straddling Scott.
Reference
- Full Case Name
- STATE of Maine v. Victoria SCOTT
- Cited By
- 12 cases
- Status
- Published