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People v. Frye7/30/1998
arlier ruling denying a request that defendant be permitted to give a speech to the jury rather than testify subject to cross-examination. The trial court agreed to reconsider its earlier ruling and granted the request. Counsel then stated, "What I would ask, Judge, is, when we finish these motions, we have a brief period of time to talk to [defendant]," to which the court replied, "Certainly." Contrary to defendant's argument, counsel asked for and was granted a "brief period" to talk with defendant before he gave his allocution to the jury.
Moreover, under applicable principles, the trial court acted within its discretion in denying the motion to continue. A continuance will be granted for good cause (ยง 1050, subd. (e)), and the trial court has broad discretion to grant or deny the request. (People v. Grant (1988) 45 Cal.3d 829, 844; Ungar v. Sarafite (1964) 376 U.S. 575, 589.) In determining whether a denial was so arbitrary as to deny due process, the appellate court looks to the circumstances of each case and to the reasons presented for the request. (376 U.S. at p. 589; People v. Jeffers (1987) 188 Cal.App.3d 840, 850.) One factor to consider is whether a continuance would be useful. (People v. Beeler (1995) 9 Cal.4th 953, 1003.)
Here, counsel asked the trial court to continue the penalty phase to allow treatment of defendant's medical condition, including his high anxiety and emotional distress. Counsel supported the motion with the report of Dr. White who had recommended medicating defendant for a period of time. However, the record does not disclose Dr. White's view as to how long it would be before defendant's condition would improve. In light of this, and aware that these problems were accentuated as the penalty phase approached, the trial court could reasonably infer that a postponement for treatment was not likely to result in any positive change in defendant's mental state. Because nothing in the record shows that a continuance would have been useful, we conclude the trial court acted within its discretion in denying the request for an open-ended continuance to treat defendant's alleged mental condition. (Cf. Pride, supra, 3 Cal.4th at pp. 254-255 [court did not abuse discretion in denying request for continuance to investigate defendant's background for possible psychiatric defense that might not be fruitful].)
A. Exclusion Of Testimony Regarding Defendant's Prior Conviction
In the defense case in mitigation, a number of witnesses testified on defendant's behalf, including defendant's uncle, Albert Dixon. In response to questioning by defense counsel, Dixon stated he was present when defendant was arrested in Florida for sexual assault. The prosecutor objected to counsel's asking whether Dixon knew the person who brought the criminal charges against defendant.
At a side bar conference following the prosecutor's objection, defense counsel made an offer of proof, stating that Dixon was prepared to testify as follows. The complainant in the sexual assault case against defendant was Patricia Ketchum, the wife of defendant's cousin. On the day the offense took place, Dixon, Dixon's wife, defendant, defendant's cousin and Ketchum sat together in a restaurant bar drinking heavily. During this time, Ketchum was making sexual advances towards Dixon. After the party left the restaurant, defendant went with Ketchum to her home. On leaving Ketchum's house, defendant found Dixon and told him what had happened. Dixon and defendant then met with Ketchum's husband. Afterwards, Dixon called the police and defendant was arrested.
Defense counsel argued that the events in the bar were a prelude to what took place at Ketchum's house, and that the
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