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State v. Ortiz6/10/2003
e Correa weighing 157 pounds, would he be impaired?
"[Defendant:] I object.
"[The Trial Justice:] Overruled. Witness may answer.
"[Witness:] Yes."
The defendant suggests that the witness should have been required to lay more of a foundation before concluding that Correa's level of alcohol intoxication caused him to be "impaired." He contends that the medical examiner based his opinion about Correa's impairment solely on the reading of his blood-alcohol level and nothing more. Consequently, he argues, the prejudice that resulted from the trial justice's error was more than de minimus.
It is well established that trial justices possess wide discretion when it comes to admitting expert testimony. State v. Griffin, 691 A.2d 556, 558 (R.I. 1997). "As evidentiary gatekeepers they must first be persuaded that sufficient foundational facts have been adduced to remove the expert's proffered opinions from the realm of speculation." Id. Nevertheless, a trial justice's ruling "will not be disturbed unless [it is] clearly erroneous." Id.
The defendant relies on two cases to support his reasoning: State v. Johnson, 667 A.2d 523 (R.I. 1995) and State v. Sanden, 626 A.2d 194 (R.I. 1993). In Johnson, we affirmed a trial justice's refusal to offer a jury instruction based on manslaughter by reason of diminished capacity because more fundamental evidence was required to establish the defendant's level of intoxication. Johnson, 667 A.2d at 529. This Court also explained in Sanden that evidence that the defendant's mother had purchased six beers, that the defendant later consumed all six beers, and that six beer cans were found in the wastebasket was insufficient to establish the extent of the defendant's intoxication. Sanden, 626 A.2d at 199. In Sanden, we also provided some examples of relevant factors to assist the court in determining a person's level of intoxication: how much alcohol the defendant typically consumed; the defendant's weight; and how much food the defendant ingested before consuming alcohol. Id. Yet, in both Johnson and Sanden, readings of the defendants' actual blood-alcohol levels were not introduced into evidence. And, most importantly, the defendants in those cases were attempting to show that their level of intoxication was such that they were incapable of forming the requisite intent to commit murder.
In this case, however, the medical examiner testified at trial to the level of alcohol found in the victim's blood and urine based on the autopsy report. He also revealed Correa's weight. The autopsy showed that Correa's blood-alcohol level was 0.309 percent and his urine-alcohol level was 0.435 percent. According to this expert witness, these readings indicated acute intoxication of the victim at the time of the murder. The defendants in both Johnson and Sanden did not provide any expert testimony about the degree of intoxication, nor did they offer evidence of any blood-alcohol or urine-test results. They simply provided testimony that they had been drinking in the hope of thereby proving their diminished capacity. Johnson, 667 A.2d at 529; Sanden, 626 A.2d at 199. In this case, however, the issue was not the alleged diminished capacity of defendant, but whether the circumstances of the killing amounted to self-defense, murder, or voluntary manslaughter. The victim's impairment because of his consumption of alcohol was relevant in assessing the credibility of what defendant told the police about his encounter with Ortiz. The medical examiner ascertained the victim's level of intoxication during this encounter by measuring the alcohol content in his blood and by performing a urine test. He also indicated that, if alcohol was a contributing cause
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