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Lancaster v. State3/28/2002
liminal motions, we basically conceded that we would not attempt to offer that statement as a hearsay statement since Mr. Hanson was available. However, as the Court is aware, under the rules of evidence, we are allowed to put into evidence prior consistent statements to rebut allegations of either lying or poor memory.
[Defense counsel], throughout his cross-examination, has implied - in fact, readily accused Mr. Hanson of being too drunk, too stoned to remember and, in fact, lying about what happened.
We are offering this statement as a consistent - prior consistent statement. And if the Court wants to enter a limiting instruction to the jury in that regard, we don't have a problem with that. But I think [defense counsel] has opened the door, and I would like to offer this statement at this time.
[DEFENSE COUNSEL]: I haven't opened the door to the entire statement. I offered the - at best, it's arguable, I may have opened the door to that portion of the statement of when he told the police officers that he saw Penn sitting up, with blood on his cheek. But he admitted telling - he admitted in court that he did say that on the videotaped interview and had not told the police officers that previously. And that's the only use of that videotaped interview. You're talking about a video interview that's a hearsay statement. It cannot be introduced as a prior consistent statement in total. He might be able to introduce little parts and pieces of it, but certainly not the entire thing, which is a re-enactment. Everything of what he said on the tape has not even been attacked, certainly, by prior inconsistent statements. The only thing that's really been attacked is whether or not he had told the police in the hospital that Penn was sitting up, with blood on his cheek.
[PROSECUTOR]: I think the entire statement should be allowed simply because of the attack on this witness's memory.
THE COURT: We're here, not in the presence of the jury.
[Defense counsel], do you have further comments on [the prosecutor's] argument that this is offered because you are attempting to attack Mr. Hanson's testimony as being fabricated?
[DEFENSE COUNSEL]: Your Honor, I'm - there are pieces of his testimony, particularly the only piece that I can remember that I attacked, as him not mentioning before, was Penn sitting up, with blood on his cheek. For that particular purpose, I think that possibly a prior consistent statement might be admitted. But he's already - he's already testified that he did, in fact, say that on the videotaped interview.
But I haven't opened up the door for the entire thing to come in. The entire thing talks about a lot of different things. It has character stuff on there. And if the Court would view that, it would be surprised by the length and by the amount of inadmissible testimony and character evidence which is on that videotaped interview. I'm not able to attack the videotaped interview at all. And, obviously, my cross-examination goes to attack the credibility of Mr. Hanson but certainly not what was in the videotaped interview. That thing should not be admitted under any circumstance. And I object to admission of that strenuously. I ask the Court to view it.
THE COURT: Mr. [Prosecutor], anything further?
[PROSECUTOR]: No, Your Honor; except I think the Court listened to the examination; and it's clear with the attempt to establish prior consistent statements, the challenge as to his state of mind, his intoxication, drunkenness, and use of marijuana, I think it's useful to show what this witness remembers and if what he is saying is truthful or what he is saying is fabricated.
[DEFENSE COUNSEL]: Your H
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