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Bailey v. Maryland9/17/1992
t successfully complete the St. Paul House six month program. Bailey then had the burden of showing that he was discharged from the program through no fault of his own. Bailey's only and rather weak attempt to offer any such evidence was through the testimony of his father who
could merely relate hearsay statements about what Bailey had told him regarding why he left St. Paul House.
Third, we find the source of the hearsay statement a reliable one, applying the persuasive analysis in Beach v. State. Like Second Genesis in Beach, St. Paul House, a structured half-way house, occupied a special role in the State's probation system. St. Paul House, like Second Genesis, was duty-bound to report to the Division of Parole and Probation or the court any failure of the probationer to comply with its conditions for the completion of its program. St. Paul House's letter was not a gratuitous gesture, but a means of fulfilling its obligation to the State. The trial judge was justified in determining that the letter had a sufficient degree of reliability and credibility. While the fact that a letter is generated by a sanctioned rehabilitation program is not always dispositive of its reliability, this letter was admitted for its simple and, we think, reliable statement that Bailey prematurely left the program. Although the letter's second half goes much further, the judge made it plain that the portion of the letter on which he was relying was the portion concerning Bailey's departure from St. Paul House. We doubt that the letter's other strong language was capable of distracting a seasoned trial judge and affecting his ultimate determination of a case.
In conclusion, considering the presence of corroborative evidence, the narrowness of the proposition the State sought to establish, and the source of the hearsay statement, we agree with the trial judge that the hearsay statement contained in the St. Paul House letter was reasonably reliable.
We further hold that good cause to admit the letter was apparent from the record. As we stated above, a trial judge may consider the reliability of the proffered hearsay as a major factor in determining good cause to admit the hearsay. In addition, the trial judge was also entitled to consider the inconvenience of calling a witness from St. Paul House to prove the uncontested fact that Bailey failed
to complete the program, a fact Bailey implicitly acknowledged in his discussions with his probation officer and also corroborated through his father's testimony. The fact that the letter's author was not shown to be unavailable is not dispositive. The same reasons that an author of a business record need not be shown to be unavailable (i.e., inconvenience, probable lack of recollection of a routine business event, etc.) to admit the business record could also be considerations in determining good cause to admit the St. Paul House letter without establishing the unavailability of the letter's author.
For the reasons indicated, we find that good cause existed to admit the hearsay and that Bailey's right of confrontation was not impinged upon. The trial judge did not err in admitting the letter to establish that Bailey failed to successfully complete the six month program at St. Paul House.
JUDGEMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS TO BE PAID BY PETITIONER.
Disposition
JUDGEMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS TO BE PAID BY PETITIONER.
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