Chambers v. State

ATTORNEYS FOR APPELLANT

J. Richard Kiefer
James J. Bell
Indianapolis, Indiana




ATTORNEYS FOR APPELLEE

Karen M. Freeman-Wilson
Attorney General of Indiana

Thomas D. Perkins
Deputy Attorney General
Indianapolis, Indiana
__________________________________________________________________


                                   IN THE



                          SUPREME COURT OF INDIANA

__________________________________________________________________

ROBERT CHAMBERS,             )
                                  )
      Appellant (Defendant Below), )
                                  )
            v.                    )     Indiana Supreme Court
                                  )     Cause No. 49S00-9905-CR-306
STATE OF INDIANA,                 )
                                  )
      Appellee (Plaintiff Below).       )
__________________________________________________________________

                    APPEAL FROM THE MARION SUPERIOR COURT
                     The Honorable Ruth Reichard, Judge
                       Cause No. 49G02-9805-CF-071245
__________________________________________________________________


                              ON DIRECT APPEAL

__________________________________________________________________

                              September 6, 2000

BOEHM, Justice.
      Robert Chambers was  convicted  of  the  murder  of  John  Christopher
Madden and sentenced to sixty-five years imprisonment.  On appeal,  Chambers
presents one issue for review:  whether he is entitled to a new trial  based
on the trial court’s refusal to give a proposed  instruction  regarding  the
impeachment of a witness by prior inconsistent statements.   We  affirm  the
trial court.
                      Factual and Procedural Background
      In the early morning hours of April 25, 1998, after consuming a  large
number of beers and shots of whiskey at two Indianapolis bars, Chambers  and
a friend, Eric Cruz, were invited to Madden’s home where the three  consumed
more beer.  Ultimately, Cruz,  who  later  testified  that  he  was  “pretty
smashed,” passed out in the dining room.   At  that  point,  Madden  invited
Chambers to join him in his hot tub.  Both men stripped to  their  underwear
and soaked for some period  of  time.   Madden  and  Chambers  went  to  the
basement to put their wet underwear in the dryer.  Chambers then put on  his
pants without underwear and Madden donned  a  long  t-shirt.   Chambers  and
Madden were still in the basement when a bullet from  Chambers’  Glock  nine
millimeter handgun penetrated Madden’s skull and killed him.
      After the shooting, Chambers and  Cruz  left  Madden’s  house  without
reporting the incident.  The next day, realizing that Chambers’  wallet  was
missing, the two men returned to Madden’s house  and  retrieved  the  wallet
from the basement.  They also took two beer bottles and  an  ashtray.   That
day or soon thereafter, Chambers  and  Cruz  disposed  of  the  bottles  and
ashtray, along with the gun that killed Madden.
      The police discovered Madden’s body several days after his  death  and
quickly determined that Cruz and Chambers were  the  last  two  to  see  him
alive.  Both men were interviewed by the police and each  initially  gave  a
statement that he later admitted contained inaccuracies and  outright  lies.
Both Chambers and Cruz were arrested and charged with one  count  of  murder
and one count of burglary  as  a  Class  B  felony.   In  exchange  for  his
testimony at Chambers’ trial, Cruz pleaded guilty to burglary and  assisting
a criminal with the State’s recommendation for an executed  sentence  of  no
more than twelve years.
      Both Chambers and Cruz testified at trial.   Although  their  versions
agreed on some points, they recounted  very  different  stories  as  to  the
substance of a conversation that occurred immediately after Madden’s  death.
 Most importantly, Chambers claimed that he immediately told Cruz  that  the
gun went off accidentally and that he was not sure whether he or Madden  was
holding the gun at the time it  discharged.   In  contrast,  Cruz  testified
that Chambers told him that Madden had made  unwanted  sexual  advances  and
that after repeated warnings, Chambers  “lost  it”  and  shot  Madden.   The
central issue at trial  was  whether  Chambers  “knowingly”  killed  Madden.
Because the only witness to the shooting was Chambers himself,  the  State’s
case regarding Chambers’ mens rea was built on the testimony of Cruz.
      At trial, Cruz’s testimony was impeached by earlier statements that he
had made under oath as well as statements that he had made to  police.   For
example, in the first two statements Cruz made  to  the  police,  he  denied
having seen Madden in the three or four weeks prior to his  death.   In  his
third statement, Cruz finally admitted that he and  Chambers  were  involved
in Madden’s death, but omitted the visit to Madden’s home the next  day  and
the fact that Cruz had searched the dresser  drawers  in  Madden’s  bedroom.
Finally, Brian Fouts was an acquaintance  of  both  Chambers  and  Cruz  and
testified to a conversation with the men while all three  were  incarcerated
in the Marion County Jail.  On cross-examination, Cruz was asked if  he  had
ever spoken to the prosecutor about Fouts’  testimony.   Cruz  replied  that
the prosecutor asked him if  he  knew  Fouts,  but  Cruz  denied  discussing
Fouts’ deposition or any facts related to  his  testimony.   In  fact,  just
three days before Cruz took the stand, the prosecutor and  Cruz  had  spoken
by telephone and  discussed  Fouts  and  his  statement.   Commendably,  the
prosecutor recalled Cruz to the stand to correct the record on  that  point.
Cruz  acknowledged  that  he  had  not  told  the  truth  about  his  recent
conversation with the prosecutor but blamed his  lapse  of  memory  on  cold
medication.
      All of these inconsistencies in Cruz’s evolving account were presented
to the jury, which found  Chambers  guilty  of  murder  but  not  guilty  of
burglary.
                         Withdrawn Jury Instruction
      The trial court considered an instruction that would have informed the
jury that it had  the  right  to  reject  the  uncorroborated  testimony  of
witnesses  whose  credibility  had  been  impeached  by  prior  inconsistent
statements.[1]  The proposed instruction read:
      The credibility of any witness may be impeached by proof that  he  has
      made statements out of court contrary to and inconsistent with what he
      testifies to in the trial concerning matters material and relevant  to
      the issues joined.  And in this case, if any  witness  has  been  thus
      impeached about material matters relevant to the issues in  the  case,
      then you have a right to reject all of his testimony except insofar as
      he has been corroborated by other credible evidence in this case.


      If you should believe from the testimony in this case that any witness
      or witnesses have willfully and intentionally testified falsely to any
      material fact in the  case,  intending  by  such  false  testimony  to
      mislead and deceive you as to the truth in this case,  you  may  under
      such belief, disregard the whole or any part of the testimony of  such
      witness or witnesses, if in your opinion,  you  are  justified,  under
      your belief, in so doing.


      The State objected to the instruction, opining:  “I  think  that’s  an
incorrect statement of law.”  The trial court  expressed  concern  that  the
instruction was  no  longer  valid  after  this  Court’s  1991  decision  to
overrule the so-called “Patterson Rule,” which permitted the  use  of  prior
statements as substantive evidence.  See Patterson v. State,  263  Ind.  55,
57-58, 324 N.E.2d 482, 484-85 (1975), overruled by Modesitt  v.  State,  578
N.E.2d 649, 654 (Ind. 1991).  The trial court stated  it  was  uncomfortable
with  the  instruction  because  it  was  not  a   “post-Modesitt”   pattern
instruction, and the court was  unsure  whether  the  instruction  reflected
current law.  Modesitt anticipated the adoption  of  Indiana  Evidence  Rule
801(d)(1) and precluded  the  use  of  prior  statements  of  a  witness  as
substantive evidence except under the circumstances set forth in  the  Rule.
That  holding  did  not  affect  the  right  of  a  jury  to  disregard  the
uncorroborated testimony  of  a  witness  impeached  by  prior  inconsistent
statements  and  had  no  impact  on  the  validity  of  the  proposed  jury
instruction.
      Although the trial court’s reason for concern may  be  incorrect,  its
decision not to give the instruction was not an abuse of discretion  if  the
instructions, considered as a whole and in reference to each other, did  not
mislead the jury as to the applicable law.    Young  v.  State,  696  N.E.2d
386, 389-90 (Ind. 1998).  That is the  case  here.   In  reviewing  a  trial
court’s decision to give or refuse tendered jury  instructions,  this  Court
considers: (1)  whether  the  instruction  correctly  states  the  law;  (2)
whether there is evidence in  the  record  to  support  the  giving  of  the
instruction;  and (3) whether the substance of the tendered  instruction  is
covered by other instructions that are given.   Wooley v. State, 716  N.E.2d
919, 926 (Ind. 1999).
      Whether the proposed instruction is desirable or not, it is a  correct
statement of the law.   See Norton v.  State,  273  Ind.  635,  664-65,  408
N.E.2d 514, 533 (1980); Liechty v. State, 202 Ind. 66,  71,  169  N.E.  466,
468  (1930).   Also,  because  three  key  witnesses,  including  Cruz   and
Chambers, were impeached during trial by prior inconsistent statements,  the
giving of the instruction was plainly supported by the evidence.
      The issue  then  turns  on  whether  the  substance  of  the  tendered
instruction was covered by other instructions that were  given  and  whether
the instructions as a whole were adequate.   The trial court gave  the  jury
the  following  preliminary  and  final  instruction  with  regard  to   the
credibility of  witnesses.
      You are the exclusive judges of the evidence, the credibility  of  the
      witnesses, and of the weight to be given to the testimony of  each  of
      them.  In considering the testimony of any witness, you may take  into
      account his or her ability and opportunity to observe; the manner  and
      conduct of the  witness  while  testifying;  any  interest,  bias,  or
      prejudice the witness  may  have;  any  relationship  with  the  other
      witnesses  or  interested  parties;  and  the  reasonableness  of  the
      testimony of the witness considered in the light of all  the  evidence
      in this case.


      You should attempt to fit the evidence to  the  presumption  that  the
      Defendant is innocent and the theory that every witness is telling the
      truth.  You should not disregard the testimony of any witness  without
      a reason and without careful consideration.  If you  find  conflicting
      testimony, you must determine which of the witnesses you will  believe
      and which of them you will disbelieve.


      In weighing the testimony to determine what or whom you will  believe,
      you should use your own knowledge, experience and common sense  gained
      from day to day living.  The number of  witnesses  who  testify  to  a
      particular fact, or the quantity of evidence on  a  particular  point,
      need not control your determination of the truth.  You should give the
      greatest weight to that evidence which convinces you most strongly  of
      its truthfulness.


Chambers argues that this instruction was not sufficient to inform the  jury
that it had the expansive right to disregard  the  uncorroborated  testimony
of a witness who had been impeached by prior inconsistent statements.
      Although it did not do so  in  the  explicit  terms  of  the  proposed
instruction, the foregoing  instruction  told  the  jury  that  it  was  the
exclusive judge of witness credibility, and could  disregard  the  testimony
of a witness if it had reason to do so.  This is  sufficient  discussion  of
the subject.  It is certainly within the jury’s “knowledge, experience,  and
common sense” to  choose  to  believe  or  disbelieve  a  witness  who  gave
inconsistent statements and who may have therefore  testified  untruthfully.
Common experience, shared by us all, includes listening to  a  stranger  and
concluding that nothing he or she has  to  say  is  believable.   The  trial
court must  use  some  judgment  in  determining  the  length,  detail,  and
complexity of instructions.  The trial court did not  abuse  its  discretion
by refusing to dwell on the point raised by the proposed instruction.
                                 Conclusion
      The judgment of the trial court is affirmed.


      SHEPARD, C.J., and DICKSON, SULLIVAN and RUCKER, JJ., concur.
-----------------------
[1] The origin of the proposed  instruction  is  unclear.   Chambers’  brief
states that the trial court proposed the instruction but the  State’s  brief
claims that the defense tendered it.  The record is somewhat murky  on  this
point.  However, for  purposes  of  this  decision,  it  is  irrelevant  who
initiated the discussion.  The prosecutor objected to  the  instruction  and
the defense argued for it and objected to the failure to give it.