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Lugo v. State2/20/2003
s evidence on this issue established that one motive for Lugo and co-defendant Mese to engage in money laundering was to bring Lugo's probation to an early end. Moreover, testimony further established that Lugo and Mese acted on this motivation by facilitating the laundering of money gained from the Schiller episode through accounts controlled by Mese. In a criminal case, " vidence of other crimes, wrongs, or acts is admissible to prove the defendant's motive." Charles W. Ehrhardt, Florida Evidence § 404.14 (2002 ed.). In Sims v. State, 681 So. 2d 1112 (Fla. 1996), we determined that evidence of a defendant's current status of being on parole was properly admitted to show the defendant's motive for murdering a police officer when the police officer stopped the car the defendant was driving. A drug-sniffing dog at the scene subsequently alerted the police officer to the possible presence of illegal drugs in the defendant's car. We determined that the trial judge properly admitted testimony from the defendant's parole officer because "the State offered [the parole officer's] testimony to establish [the defendant's] parole status and the fact that he knew illegal drug possession was a parole violation" that would result in his incarceration if detected by the police officer. Id. at 1115. We added that while the defendant's parole status was not independently admissible during the guilt phase of his trial, "it became relevant and admissible when it was linked to a motive for murdering the police officer." Id. In Lugo's case, evidence of his conviction and probationary status was relevant and admissible to show his motive for, and need for, engaging in money laundering. The probative value of the evidence to show money laundering outweighed the possible prejudice to Lugo. See Amoros v. State, 531 So. 2d 1256, 1260 (Fla. 1988) (noting that to be admissible, evidence must be relevant and its probative value must outweigh the possibility of prejudice to the defendant).
Accordingly, we determine that no harm warranting a new trial occurred due to the introduction of evidence concerning Lugo's federal fraud conviction and probationary status. No relief is warranted on this issue.
Possible Bias of State Witness Lillian Torres
Lugo's ex-wife, Lillian Torres, was presented as a witness by the State. Her testimony primarily concerned her role in the transfer of a home owned by Marc Schiller. As part of the extortion involved with Schiller, Lugo compelled Schiller to sign a document effecting the transfer of a condominium he owned in the Miami area. The ultimate transferee was Lillian Torres. Lugo claims that reversible error occurred when, on cross-examination of Torres, his counsel was prohibited from asking Torres whether her lawyer accompanied her when she was subpoenaed for questioning at the state attorney's office with regard to her knowledge of the events in which her ex-husband had been involved.
This issue warrants little discussion. The record clearly shows that Lugo's counsel was allowed to inquire as to any biases toward the State that Torres may have had. The cross-examination did not yield any evidence of any deals between the State and Torres, nor did Lugo present any compelling evidence of a deal during his trial. We agree with the trial judge that the relevant and permissible inquiry concerned Torres's possible bias toward the State, not whether her lawyer accompanied her during questioning. Lugo's reliance on Jean-Mary v. State, 678 So. 2d 928 (Fla. 3d DCA 1996), is misplaced. In Lugo's case, unlike the circumstances in Jean-Mary, the witness under cross-examination had not been arrested and charged with a crime which would warrant further inquiry by defense counsel
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