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State v. Gay1/24/2001
not be disturbed by this Court on appeal unless it can be shown that there has been an abuse of discretion, a commission of legal error in its exercise, and that the rights of the appellant have been thereby prejudiced. E.g., State v. Gregory, 198 S.C. 98, 16 S.E.2d 532 (1941).
Evidence offered by a defendant as to the commission of the crime by another person is limited to facts which are inconsistent with the defendant's guilt. State v. Beckham, 334 S.C. 302, 513 S.E.2d 606 (1999); State v. Parker, 294 S.C. 465, 366 S.E.2d 10 (1988); Gregory, supra. In Gregory, this Court explained that:
evidence offered by accused as to the commission of the crime by another person must be limited to such facts . . . as raise a reasonable inference or presumption as to his own innocence; evidence which can have (no) other effect than to cast a bare suspicion upon another, or to raise a conjectural inference as to the commission of the crime by another, is not admissible. . . . efore such testimony can be received, there must be such proof of connection with it, such a train of facts or circumstances, as tends clearly to point out such other person as the guilty party. Gregory, 198 S.C. at 104-05, 16 S.E.2d at 534-35 (internal quotes and citations omitted).
Furthermore, this Court has held that evidence of a third party's motive and opportunity to kill the victim is properly excluded where the appellant nonetheless fails to show that the proffered evidence is inconsistent with his guilt. State v. Williams, 321 S.C. 327, 335, 468 S.E.2d 626, 631, cert. denied, 519 U.S. 891, 117 S.Ct. 230, 136 L.Ed.2d 161 (1996).
The trial court found that given the totality of the evidence against appellant and the nature of the evidence proffered regarding Metz, the evidence was not inconsistent with appellant's guilt and thus would serve merely to cast suspicion upon Metz. In our opinion, the trial court properly exercised its discretion. See Gregory, supra.
In view of the strong evidence of appellant's guilt - especially the forensic evidence - and the fact that the forensic experts found that the samples from Metz did not match any evidence gathered in this case, the proffered evidence about Metz did not raise "a reasonable inference" as to appellant's own innocence. Gregory, 198 S.C. at 104, 16 S.E.2d at 534. Moreover, while the proffered evidence about Metz may have established evidence of motive and opportunity for Metz to kill the victim, the evidence simply was not inconsistent with appellant's guilt. Williams, supra.
Regarding the evidence about Metz in appellant's statement to police, appellant argues that the trial court erred in allowing his statement to be redacted. Appellant contends Rule 106, SCRE, required that the entire statement be admitted.
Rule 106, SCRE, provides that " hen a writing, or recorded statement, or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it." In State v. Taylor, 333 S.C. 159, 508 S.E.2d 870 (1998), the Court stated that " nly that portion of the remainder of a statement which explains or clarifies the previously admitted portion should be introduced." Id. at 171, 508 S.E.2d at 876.
The trial court did not violate Rule 106 by admitting appellant's statement because the redacted portion would not have explained or clarified that part of the statement which was admitted. See id. The admitted portion outlined how appellant knew the victim and other general information about the victim, for example the fact that she drank "quite a lot
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