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State v. Adams6/30/2004
a result, defense counsel was unable to bolster their most significant defense; namely, that David was the perpetrator of this crime.
. Basically, the theory of the defense was that the sex between appellant and Roslyn was voluntary, and that she was killed by someone else shortly thereafter. There was no evidence of motive on appellant's part as there was testimony that Roslyn, while at David's house, had been loudly proclaiming how cute appellant was and that she might have sex with him. On the other hand, Roslyn had consistently antagonized and angered David throughout the evening, just prior to the incident. Additional testimony provided at trial established a history of physical violence between David and Roslyn.
. The physical evidence presented was also subject to viable alternative interpretations, as there was no direct evidence linking appellant to Roslyn's death. There was evidence of sexual activity with appellant, but the coroner admitted there was no physical evidence which indicated this was rape. The coroner found no evidence of trauma to her anus as might be expected during a rape. Upon direct examination, the coroner suggested that the victim might have been too intoxicated by drugs and alcohol to have resisted the rape. However, he failed to explain how that theory was consistent with the frontal defensive wounds, suggesting that Roslyn faced her attacker. More importantly, the coroner admitted that, except for the disarray of Roslyn's clothing, he had no evidence indicating that the beating took place at the same time as the sexual activity.
. The theory that the ex-husband, David, was an equally viable suspect became a non-issue when the defense was unable to challenge David's alibi testimony. Furthermore, the jury never heard about David's statement to the police that his arm was in a cast because Roslyn had hit him with a baseball bat. Thus, Tracy's credibility was not seriously attacked as to her additional assertion that David's hand was injured as a result of him punching a door following his argument with Roslyn.
. As a result, the prosecution could argue that David was unable to inflict the kind of beating later received by Roslyn. The buried hospital report indicates that David claimed the injury occurred several days before the incident, and the buried police investigation of the open-burning complaint also reveals that David stated Roslyn hit him with a baseball bat. These inconsistencies raise the question as to who lied and when. Did David lie to the hospital or to the police? Or, did Tracy lie about the injury to David's hand occurring on the night of the party?
. Either question would be significant in creating reasonable doubt created as to both David's alibi and the actual extent of injury to his hand as of 5:30 a.m. on the day of the assault. Although his hand was ultimately determined to be broken, there is no consistent, conclusive evidence as to when or how it was broken.
. Furthermore, if the state had provided complete discovery in a timely manner, defense counsel may have had a reason to investigate the possibility that David's friend, Fahim, was also involved. Testimony at trial revealed that on the evening of August 4, 1999, just prior to the murder, Roslyn had argued with Fahim about him residing at David's house. During the argument, Roslyn shouted racial epithets at Fahim and ordered him out of David's house. As previously indicated, David and Fahim left together for the hospital at about the estimated time of death.
. The quality of the state's evidence was not so overwhelming that one could conclude that the delay in discovery constituted harmless error. The assertion t
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