 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Lanham v. Commonwealth8/25/2005
so because the error was multiplied by other errors.
We also note that such statements are not the sort of impeachment character contemplated by KRE 608 (both the old and new versions). "The word `character"' used most narrowly and accurately, describes the personal disposition or personality of an individual." Such comments are not an attempt to describe to the jury the defendant's personality; nor are they statements aimed at impeaching a witness, especially when it is unknown whether a criminal defendant will take the stand. By making such comments, the officer is not trying to convince anyone-not the defendant (who knows whether he or she is telling the truth), other officers, a prosecutor, or the jury-that the defendant was lying. Rather, such comments are part of an interrogation technique aimed at showing the defendant that the officer recognizes the holes and contradictions in the defendant's story, thus urging him or her to tell the truth.
This last point is perhaps most important, at least for the purpose of developing a rule that will address future instances of similar evidence. Almost all of the courts that have considered the issue recognize that this form of questioning is a legitimate, effective interrogation tool. And because such comments are such an integral part of the interrogation, several courts have noted that they provide a necessary context for the defendant's responses. We agree that such recorded statements by the police during an interrogation are a legitimate, even ordinary, interrogation technique, especially when a suspect's story shifts and changes. We also agree that retaining such comments in the version of the interrogation recording played for the jury is necessary to provide a context for the answers given by the suspect.
We also agree, however, that such comments are not admissible for the truth of the matter that they appear to assert, i.e., that the defendant is lying. We recognize that the introduction of such comments, no doubt, entails the possibility that the jury will misunderstand and accord to those comments an impermissible weight during deliberation. The solution to this problem suggested by the Kansas Supreme Court, i.e., to redact the comments from the recording and have the officer give live testimony as to how the suspect's story shifted in response to questioning, however, is unworkable. Requiring that the interrogating officer intersperse the recording with his or her explanation of the progression of the defendant's various stories could dilute the effectiveness of the playing of the recording because it would require a stop-and-go approach, thus breaking up the recording. Such a practice could also run the same risk of prejudice to the defendant in some cases. For the officer "to point out the progression of [the defendant's] various stories as the tape played," as the Kansas Supreme Court described its approach, would require the officer to say, for example, "Here the defendant changed his story." The clear implication of such a statement is that the defendant is lying with regard to at least one version of his or her story, thus such a statement is an indirect comment on whether the defendant is telling the truth. This has the same effect of leaving in the officer's statements (and further shows how necessary such commentary is to give context to the defendant's statement in response).
We think the better remedy to any possible adverse inference by the jury is a limiting admonition given by the court before the playing of the recording. Our Rules of Evidence specifically provide for such an admonition. Most of the other courts that have addressed this issue have endorsed limiting admonitions either by approving
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Kentucky DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|