LetJusticePrevail wrote:
I have a question for the lawyers here. Will the issue of witness 8's hospital lie be admissible to impeach her testimony? The Wilson v State ruling seems to say no, since the hospital visit is a collateral matter that is not relevant to the case. I believed that the Florida rules of evidence would allow it under 90.609(1), but others disagree. What specific caselaw (if any) would supersede Wilson v State and allow the defense to introduce the lie to BDLR to impeach witness 8 on truthfulness?
I'm not a lawyer, but will offer my opinion anyway.
In
Wilson v. State, 72 So. 3d 331 (Fla. 4th DCA 2011) the court disallowed impeachment evidence about an argument between the defendant and a witness that occurred after the trial had begun. That's quite dissimilar to W8's lies about what she did in the days immediately following the shooting. Also, that involved impeachment of the defendant, not a witness against the defendant. The 6th Amendment and similar provisions in the Florida constitution guarantee the defendant's right to confront the witnesses against him. As the Florida supreme court said in
Coco v. State, 62 So. 2d 892 (Fla. 1953), "the right of cross-examination stems from the constitutional guaranty that an accused person shall have the right to be confronted by his accusers." Therefore, according to the 5th DCA in
Elmer v. State, (5th DCA 2012), "A criminal defendant should be afforded wide latitude to cross-examine the State's witnesses, especially when cross-examining a key prosecution witness."
W8 claims she heard her friend being chased by a man who the friend thought was going to beat him. She then heard the beginning of an altercation, at which point the phone disconnected. She soon found out her friend was killed around that same time. She didn't call the police. What W8 did in the days following Martin's death is entirely material. Did she behave in a manner consistent with her story? Going to the hospital due to stress is certainly evidence she did. Crump and many others have used it for that very purpose. On direct examination, she'll almost have to explain her behavior in the days between the shooting and the Crump interview. I think that, alone, probably opens the door to evidence she'd previously lied about her behavior to make it more consistent with what would be expected from someone who'd heard a friend chased down and killed. I wouldn't be surprised if when W8 testifies, the prosecution asks her about the lie during direct examination in an attempt to defuse it.