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Bailey v. Maryland9/17/1992
On February 12, 1990, Robert Lee Bailey pled guilty in the Circuit Court for Anne Arundel County to battery and a fourth degree sex offense. Judge Raymond G. Thieme, Jr., sentenced Bailey to a one-year term of confinement, which he then suspended and placed Bailey on five years probation subject to certain conditions. One of those conditions,
spelled out in the Order for Probation, was that Bailey begin active participation in a residential treatment program at Omni House, Inc. by February 22, 1990. Omni House is a private, non-profit organization in Anne Arundel County funded by the State Department of Health and Mental Hygiene to work with troubled individuals.
Shortly thereafter, Bailey petitioned the court to modify his sentence. After encountering problems getting admitted to Omni House's residential program by the required date, Bailey was accepted only into that organization's daytime program; however, he was also accepted into the residential program at St. Paul House in Baltimore City. He sought to secure the court's approval to modify the conditions of probation and receive his treatment in both programs. On April 16, 1990, Judge Thieme granted Bailey's request and signed a new order of probation specifying, in part, that Bailey was to enter St. Paul House "for at least 6 months and successfully complete that program" as well as the daytime program offered at Omni House. On October 1, 1990, the State charged Bailey with having violated this condition of his probation by failing to successfully complete the six month program at St. Paul House.
At a hearing on December 14, 1990, Judge Thieme ruled that Bailey had violated the terms of his probation and reimposed the remainder of his original sentence. Bailey appealed to the Court of Special Appeals, which affirmed the trial judge's order in an unreported opinion. On Bailey's petition, we granted certiorari to review the decision of the Court of Special Appeals. The question before us is whether Bailey's right of confrontation was violated when, at the probation revocation hearing, the trial court admitted into evidence and relied on a letter from St. Paul House stating among other things that Bailey had been discharged from its program. The contents of the letter were hearsay; on this, both Bailey and the State agree. They do not agree, however, on the standards for admissibility of hearsay at probation revocation hearings, or the application of those standards to the facts of this case. We conclude that
the evidence was properly admitted by the trial judge for the limited purpose of proving that Bailey did not complete the St. Paul House program. Therefore, we affirm the revocation of Bailey's probation.
I.
At Bailey's probation revocation hearing, the State called Bailey's probation officer, Linda Anderson. Anderson testified that Bailey had not abided by the rules of his probation because he did not successfully complete the six month program at St. Paul House. Anderson testified that the source for her initial report on Bailey's probation violation was a letter on St. Paul House letterhead received on August 17, 1990, but she also had subsequent discussions with Bailey about his leaving St. Paul House. The letter on St. Paul House letterhead read as follows:
August 17, 1990
To all concerned parties:
Be it herein certified that one, Robert Bailey, has been officially discharged from residency at St. Paul House for the following:
(1) VIOLENT, ABUSIVE & EXCESSIVELY DISRUPTIVE BEHAVIOR TO RESIDENTS AND STAFF
(2) FAILURE TO PARTICIPATE IN A CONSISTENT SCHEDULED ACTIVITY AT LEAST FOUR (4) HOURS DAIL
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