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Smith v. State12/22/2000
he witness for the purpose of placing before the jury inadmissible substantive evidence. Under the circumstances here, the prosecutor was entitled to cross-examine the witness for the purpose of probing her recollection, recalling to her mind the statements she had previously made, and drawing out an explanation of her apparent inconsistency. It was also proper for the purpose of showing the circumstances that induced the prosecution to call her as a witness.
A witness may be impeached by showing that he or she entertains bias toward the adverse party. Generally, an impeaching party can ask a witness about any feeling or act that would show bias. McElroy's, § 149.01(1). Anything that tends to show bias, unfriendliness, an enmity, or that would incline a witness to swear against a party is admissible. Nichols v. State, 276 Ala. 209, 160 So. 2d 619 (1964); Griffin v. State, 591 So. 2d 547 (Ala. Crim. App. 1991). Cross-examining counsel is given wide latitude to reveal any bias on the part of a witness, and details may be shown insofar as necessary to determine the extent and nature of the bias or enmity. McElroy's, § 149.02.
In the instant case, it was reasonable for the prosecutor to believe that the witness entertained a bias or enmity toward him for refusing to plea bargain with her daughter's attorney, and under the circumstances, it was proper for him to cross-examine the witness on that subject. In reviewing this matter, we should keep in mind that the witness's daughter was being prosecuted for the same capital offense as the appellant, that the witness did not want to testify, that she had called the prosecutor and told him that she was not coming to court but was going to Florida, and that the trial judge had to issue an order to make her come to court. There is no merit in the appellant's contention that the prosecutor wrongfully injected by his questions the fact that he had refused to plea bargain with the co-defendant, Lekina Smith. Under the circumstances his questions were proper.
Second, the appellant contends that the prosecutor improperly injected facts into the trial by eliciting information from Sgt. Jay about what the prosecutor had told him during the preparations for trial and matters pertaining to Jay's investigation of the case. This contention is based on the testimony of Kevin Bridges, an inmate in the county jail, who claimed to have heard the appellant make incriminating statements when he was incarcerated in the county jail awaiting trial. Bridges sent a letter to Dennis Atkins of the Alabama Bureau of Investigation, reporting what he had heard, and Atkins forwarded the letter to Jay. Jay received the letter six to eight months before trial and inadvertently filed it in the file of another subject under investigation. In preparing the case for trial, the prosecutor had Jay take a statement from Bridges concerning the incriminating statements he allegedly heard the appellant make in the county jail. A copy of this statement was delivered to the appellant's counsel before trial. After searching further, Jay found the letter he had received from Atkins; however, a page of the letter was apparently missing. The prosecutor promptly delivered a copy of this letter to defense counsel during the trial. The incomplete letter and the statement were admitted into evidence. The letter was admitted without objection.
Bridges testified for the prosecution during the trial. He stated that he heard the appellant discussing the instant case. He testified, among other things, that he heard the appellant say that Flournoy owed him money for "crack"; that he went to collect the money and Flournoy did not have it; that he shot Flournoy on the back porch, went into
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