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North Carolina v. Robinson10/3/1991
s identification," i.e., whites have a more difficult time identifying blacks than identifying other whites. After expressing this opinion, Dr. Cole was allowed to testify to the results of experiments in which white and black "assailants" came into his classroom at Clemson University, attacked him, and left the room. Dr. Cole told jurors that white students were able to identify the correct white assailant about eighty percent of the time, but were able to identify the correct black assailant only fifty to sixty-five percent of the time. The record, however, contains no opinion by Dr. Cole as to the accuracy of eyewitness identifications when the assailant is not present in the lineup. The question to which the State objected related to an experiment involving the accuracy of eyewitness identifications when the assailant was not present
in the lineup. The basis of the State's objection is this: If Dr. Cole had been allowed to give the results of this experiment, this evidence would have been admitted, not to show the basis of Dr. Cole's opinion, but to prove the inaccuracy of cross-racial identification when the assailant is not present in the lineup. Thus, the evidence would have been admitted to prove the truth of the matter asserted and, in this context, would be inadmissible hearsay.
If testimony regarding the results of this experiment had been admitted in order to rebut the State's eyewitness-identification testimony, its admission over the State's hearsay objection would have been clear error. If offered solely to show a basis for Dr. Cole's opinion that cross-racial identification is unreliable, the testimony would have been clearly admissible under Rule 703. Thus, the issue boils down to whether the trial court was correct in finding that Dr. Cole's opinion as to cross-racial identification was not specific enough to allow him to testify to the results of the experiment in question. We repeat that, for whatever reason, Dr. Cole never gave a specific opinion concerning the accuracy of eyewitness identification when the actual perpetrator is not in the lineup. We do not know whether Dr. Cole would have given such an opinion because the question was not asked, even on voir dire, after the hearsay objection was sustained. Although reasonable minds could differ, we do not believe the trial court abused its discretion in finding that Dr. Cole had not given an opinion specific enough to support admission of testimony regarding the experiment in question. Therefore, we reject defendant's argument.
In defendant's next argument he contends that the trial court erred by failing to act ex mero motu to prevent the State's cross-examination of Dr. Sciara concerning the contents of a psychiatric report prepared by the forensic staff at Dorothea Dix without establishing that Dr. Sciara utilized this psychiatric report as part of the basis for the opinions to which he testified. Defendant argues that the State's cross-examination of Dr. Sciara relating to the Dorothea Dix report placed the observations and opinions of its authors before the jury when none of the members of the staff of the forensic unit at Dorothea Dix testified during the guilt-innocence phase of the trial. The State responds that Dr. Sciara testified that he had read the report, but that he disagreed with it; therefore, pursuant to North Carolina Rule of Evidence 705, it was not error for the prosecutor to cross-examine him concerning his rejection of the information contained in the report.
Defendant concedes that defense counsel failed to object at trial during the State's cross-examination of Dr. Sciara. Thus, we consider this assignment of error under the "plain error" standard. State v. Mitchell,
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