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State v. Golphin8/25/2000
Kevin's counsel objected and indicated there were potential Bruton problems because of a statement made by Tilmon to Kinlaw. On voir dire, Kinlaw stated that Tilmon said, in pertinent part:
that they had, uh -- were on their way to Virginia to rob a Food Lion so that they could get some money to go to Jamaica. And, uh, they got pulled and, uh, his brother was, uh, being roughed up and sprayed with Mace by this cop. And a deputy sheriff came up and jumped out and went running over there and started to pull his Mace out. And when he seen that, he took a AK-47 and jumped out of the car and shot him, and then his brother got up and took a pistol and shot the cop and they left.
In addition to an objection based on hearsay, Kevin's counsel stated:
We object to the part that says they stole -- not to the part about stealing the car -- to rob a Food -- where it starts "to rob a Food Lion." "He stated that they had already planned to rob -- they had already planned to rob the Food Lion in Richmond, Virginia. He stated that they were going to rob the Food Lion in order to get money to go to Jamaica." We object to that under Bruton grounds. The next part we object to is his brother -- his description of "his brother then got up off the ground, took the officer's pistols and shot him -- pistol and shot him." That's all we object to in the statement.
After discussing the issue with all the parties, the trial court issued its ruling.
[THE COURT:] In dealing with the specifics of Bruton as to this witness, there are, um -- there are two things in particular. The discussion of the Richmond armed robbery. Now -- (pause) -- now, I will suggest a redaction of that so that he stated that there was a plan to rob the Food Lion in Richmond in order to get money to go to Jamaica. He stated that they stole a car on the way to Richmond. I don't require a redaction of that.
[KEVIN'S COUNSEL]: We're not objecting to that.
THE COURT: There's not a serious issue to -- all right. Stated that they stole a car on the way to Richmond. There was a plan to rob the Food Lion in Richmond, Virginia, in order to get money to go to Jamaica.
And then the other Bruton objection is --
[KEVIN'S COUNSEL]: His brother then got off --
THE COURT: Yeah, that his brother got off the ground and took the officer's pistol and shot him. And I am going to sustain that objection and require that redaction.
Subsequently, the trial court explained the ruling to Kinlaw.
THE COURT: All right. Let me -- just be patient for a moment. Now, the first issue concerns the testimony related to the Food Lion in Richmond, Virginia. And as it relates to that, you can testify that they stole a car on the way to Richmond; that there was a plan to rob the Food Lion in Richmond in order to get money to go to Jamaica. Not that "they planned" but that "there was a plan."
WITNESS: Um-hum. I understand that.
THE COURT: Now, you understand the difference between that --
WITNESS: I understand.
THE COURT: Now, you are not to relate the part of your testimony in which you assert that the statement was made that the defendant said his brother then got off the ground, took the officer's pistol and shot him.
Thereafter, with the jury present, Kinlaw testified regarding Tilmon's statement to him as follows:
e had stolen a car and, uh, there was a plan to go to Richmond to rob a Food Lion so that he could get money to go to Jamaica. And that, uh, he had gotten pulled over.
By a state trooper.
And that his brother was getti
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