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State v. Bottrell12/15/2000
at 315.
Bottrell did not present expert evidence that MPD may affect competency or credibility. Rather the trial court took judicial notice of DSM-IV sec.300.14, indicating that MPD generally has memory loss associated with it. The trial court, after questioning Fox, stated that he was not 'hearing that she has any loss of memory on these incidents.'
Report of Proceedings at 320. The trial court further determined that evidence of Fox's condition was not relevant, and to allow the jury to hear evidence of the disorder would 'cause the jury to speculate as to the effect on credibility when such is not proven here by the offer of proof.' Report of Proceedings 321. Therefore, there is no evidence that the trial court abused its discretion on ruling to exclude evidence of Fox's MPD.
B. Evidence of Other Women
Bottrell argues that the trial court erred in not allowing her to introduce evidence regarding Hall's sexual relations with other women. Bottrell contends that such evidence was relevant to refute the State's evidence that Hall was old and feeble and to provide the jury with 'a complete picture of the facts and circumstances surrounding Hall's death.' Br. of Appellant at 37-38. The State argues that evidence of Hall's prior sexual relationships was not relevant, was highly prejudicial, and was not part of the res gestae of the crime.
Here, however, there was conflicting testimony as to Hall's health. Hall's son, Mark Hall, testified that diabetes had 'gotten {my father} down to close to a cripple.' Report of Proceedings at 146. Mark testified Hall had trouble standing and driving. Janice Bass, a friend of Hall, testified that in the year prior to his death, Hall was 'deaf, kind of weak and feeble and not real coherent about what's goin' on, and just sickly.' Report of Proceedings at 280.
Bottrell testified that Hall did not have any mobility problems. She also testified that she and another woman had a joint sexual encounter with Hall. On the night of the murder, Bottrell testified that Hall got off the bed and hit her, and then they began to fight. Bottrell stated that Hall was 'a very strong man.' Report of Proceedings at 496. Edith Barrett, an acquaintance of Hall, testified that Hall did not appear to have any 'physical limitations.' Report of Proceedings at 419.
Bottrell wanted to present evidence that Hall was sexually active with other women in order to refute the State's position that he was feeble. The trial court allowed testimony regarding Hall's physical condition as observed by witnesses. But, the trial court refused to admit evidence of Hall's sexual proclivity, stating that Hall's predisposition of 'desperately seeking sex' is not relevant to the theory that he attacked her on the night of the murder. Report of Proceedings at 400. The trial court did not abuse its discretion in excluding such evidence because it was not relevant under ER 401 and ER 402. If it were relevant, then its probative value would be outweighed by its prejudicial value under ER 403.
Bottrell also argues that the res gestae exception should have provided a basis for admission of evidence. 'Under the res gestae exception, evidence of other bad acts is admissible '{t}o complete the story of the crime on trial by proving its immediate context of happenings near in time and place.'' State v. Powell, 126 Wn.2d 244, 263, 893 P.2d 615 (1995) (citations omitted). However, the res gestae exception is not applicable here because evidence of Hall's relations with others is not relevant to his relationship with Bottrell. Although usually this exception applies to a defendant's prior acts that are admissible to contradict a claim of
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