State v. Gaines4/11/1997
ion of the right lung, and that there were extensive injuries in the upper abdomen. In light of this testimony, Dr. Robicsek's statement, that the victim's pain was "excessive," cannot be said to be unfairly prejudicial. This assignment of error is overruled.
Defendants next contend that the trial court erroneously admitted the victim's bloody shirt, pants, belt, radio, radio holder, and handcuff case and that these items were improperly displayed to the jury. Defendants further contend the trial court erroneously admitted a photograph of the victim taken while he was alive as well as the victim's nameplate and badge. Defendants argue that this evidence was irrelevant and inadmissible under Rules 401, 402, and 403 of the North Carolina Rules of Evidence in that defendants offered to stipulate that the victim was wearing the full clothing and equipment of a Charlotte police officer. This evidence, according to defendants, did not have any tendency to make the existence of any consequential fact more or less probable and neither proved any element of the State's case nor rebutted any defense.
Initially, we note that defendant Harris did not object to the admission of the photograph of the victim, the police badge, and the nameplate. Thus, to prevail on this issue Harris must show that the error, if any, amounted to plain error. State v. Odom, 307 N.C. 655, 300 S.E.2d 375 (1983); N.C. R. App. P. 10(c)(4). Plain error is error which is "'so fundamental as to amount to a miscarriage of Justice or which probably resulted in the jury reaching a different verdict than it otherwise would have reached.'" State v. Collins, 334 N.C. 54, 62, 431 S.E.2d 188, 193 (1993) (quoting State v. Bagley, 321 N.C. 201, 213, 362 S.E.2d 244, 251 (1987), cert. denied, 485 U.S. 1036, 99 L. Ed. 2d 912, 108 S. Ct. 1598 (1988)). In this case the victim's police uniform and its accessories were relevant and admissible under Rules 401 and 402 of the North Carolina Rules of Evidence. "Bloody clothing of a victim that is corroborative of the State's case, is illustrative of the testimony of a witness, or throws any light on the circumstances of the crime is relevant and admissible evidence at trial." State v. Knight, 340 N.C. 531, 559, 459 S.E.2d 481, 498 (1995).
In the instant case the victim's wife, Hilda Griffin, testified as to the police uniform and equipment worn by her husband on the night of his murder. Officer Fred Allen testified as to the scene he witnessed at the motel , including the victim's bloody gun and his radio. Jerry Lee Hicks, a crime-scene search technician, testified as to the murder scene as it was left after the victim was taken to the hospital, including his observations of the victim's radio and police gun. Paramedic crew chief Michael Keller testified to his observations, including the fact that the victim's shirt had been ripped open. The admitted items were relevant for the purpose of enabling the jury to understand the testimony of the witnesses and in order to show matters which were corroborative of the State's case.
Pursuant to Rule 403 of the North Carolina Rules of Evidence, relevant evidence "may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice" to a defendant. N.C.G.S. § 8C-1, Rule 403. The exclusion of evidence under the balancing test of Rule 403 of the North Carolina Rules of Evidence is generally left to the discretion of the trial court. State v. Hennis, 323 N.C. 279, 285, 372 S.E.2d 523, 527 (1988). Given the facts and testimony in the instant case, we conclude that the trial court did not abuse its discretion by admitting the victim's police uniform and its accessories into evidence.
The photograph of
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