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Medici v. Commonwealth6/9/2000
FROM THE COURT OF APPEALS OF VIRGINIA
In this appeal, we determine whether the Court of Appeals erred in ruling that the trial court correctly (1) refused to strike for cause a prospective juror, (2) admitted into evidence the defendant's prior rape convictions in the guilt/innocence phase of his trial, and (3) refused to accept the defendant's stipulation that he had prior rape convictions.
I.
A grand jury of the Circuit Court of Fairfax County indicted Lawrence P. Medici on four offenses. Count I of the indictment charged that Medici "did rape [the victim], a second or subsequent offense." Count II charged that Medici "did engage in cunninlingus with [the victim], against her will, by force, threat or intimidation, a second or subsequent offense." Count III charged that Medici "did engage in fellatio with [the victim], against her will, by force, threat or intimidation, a second or subsequent offense." Count IV charged that Medici "did attempt to engage in anal sodomy with [the victim], against her will, by force, threat or intimidation."
A jury found Medici guilty of each offense charged. The jury recommended a sentence of life imprisonment for each charge set forth in Counts I, II, and III of the indictment and 10 years' imprisonment for the charge contained in Count IV of the indictment. By order entered February 17, 1998, the trial court sentenced Medici in accordance with the jury's verdict.
In an unpublished opinion dated May 25, 1999, the Court of Appeals affirmed the trial court's judgment. Lawrence P. Medici v. Commonwealth of Virginia, Record No. 0527-98-4. We awarded Medici an appeal limited to the issues stated above.
II.
A brief summary of the facts will suffice. The eighteen-year-old victim, a drug addict, was acquainted with Medici as her supplier of illicit drugs. On May 21, 1997, Medici left a message on the victim's answering machine advising her that he had "an amazing amount of cocaine" and that she should come over to his house. The victim went to Medici's house the following morning on her way to school. Medici escorted the victim to the basement where she saw a mirror covered with white powder. As the victim observed the powder, Medici ordered her to remove her clothing. The victim initially refused, but did remove her clothing when she noticed that Medici was armed with a knife. Thereafter, Medici forced the victim to engage in fellatio, cunninlingus, and sexual intercourse, and he attempted to engage the victim in anal sodomy. The victim immediately reported the incident to her high school guidance counselor.
III.
We first consider whether the trial court erred in refusing to strike for cause a potential juror. During voir dire, Medici sought to have Inga Bennett stricken for cause because Bennett's husband had been murdered and the accused murderer was then represented by Medici's counsel's employer, the Office of the Public Defender. When questioned by counsel and the trial court, Bennett unequivocally stated that those circumstances would not affect her ability to judge the evidence fairly and impartially. The trial court refused to strike Bennett for cause, stating that "she was very adamant that she could be objective in this case."
We considered a similar issue in Cantrell v. Crews, 259 Va. 47, 523 S.E.2d 502 (2000), decided after the decisions of the trial court and the Court of Appeals in the present case. In Cantrell, the issue was "whether the trial court erred in refusing to strike for cause a prospective juror who, at the time of trial, was a client of the law firm representing the plaintiff." Id. at 49, 523 S.E.2d at 503. The prospective j
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