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People v. Mayfield1/2/1997
examination that he had seen Bell at the apartment complex, and cross-examination was unlikely to significantly strengthen the force of this testimony. In any event, Bell's connection with illegal drugs was firmly established by undisputed evidence that his urine contained phencyclidine (PCP), and also by his admissions that he had used cocaine and marijuana.
When Bell testified as a prosecution witness, the prosecutor inquired on direct examination about Bell's use of intoxicating substances on the evening preceding the shooting of Sergeant Wolfley. Bell admitting using cocaine, marijuana, and beer, but he said he did not remember taking PCP and did not believe he had done so. Defense counsel expressly declined to object to this line of questioning, merely observing during a bench conference that the prosecutor appeared to be seeking to destroy the credibility of his own witness. But later, when the prosecution sought to introduce evidence that a sample of Bell's urine taken during the morning following the shooting had tested positive for PCP, the defense objected that the evidence was irrelevant and improper impeachment of the prosecution's own witness. The trial court overruled the objection.
Defendant argues that counsel's action permitting the questioning of Bell about PCP use was inconsistent with his later objection to the urine analysis evidence, thereby demonstrating that counsel lacked a consistent strategy. Because Bell's account of events in front of the service station was more favorable to the defense than that of the other prosecution witnesses, and because Bell was defendant's companion on the evening in question, excluding all evidence of Bell's PCP use would have benefited the defense. But evidence of PCP use was clearly relevant to Bell's ability to accurately perceive and remember the events to which he testified, and defendant does not explain upon what ground it could properly have been excluded. Accordingly, any inconsistency in defense counsel's handling of the issue of Bell's PCP use did not result in prejudice to defendant.
On cross-examination of Candette Wolfley, defense counsel began by inquiring why she was riding with her husband on the night he was shot. She explained that the Rialto Police Department encouraged spouses to ride along with patrol officers occasionally to experience "the tension and pressures and the job stress" and thereby "to give them a better understanding." Counsel followed up by asking whether Sergeant Wolfley was "experiencing job pressures at that point in time in his life." SHE RESPONDED: "He was experiencing a very good time because he had just been promoted to sergeant and we had a new baby." Defendant contends counsel performed deficiently in eliciting this testimony of Sergeant Wolfley's recent promotion and new baby, facts that could only elicit the jury's sympathy for the witness and her slain husband.
We do not find ineffective assistance based on this cross-examination. Counsel's question was directed specifically to "job pressures." Counsel should not be faulted for failing to anticipate a nonresponsive answer that included details of Sergeant Wolfley's personal life.
2. Failing to Present Exculpatory Evidence
Defendant contends that trial counsel failed to elicit material exculpatory evidence that Sergeant Wolfley rather than defendant had possession of the gun when the fatal shot was fired. The evidence to which defendant refers is the testimony of Detective Amicone, during a hearing outside the jury's presence, recounting a statement by Roy Mayfield apparently summarizing statements in which defendant described the fatal shooting. As we have previously explained (see pt. IV.
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