 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Collins v. Hertenstein9/3/2002
e officers' offer of proof, Gallegos' daughter, Monique Gallegos, had previously told police that she had seen the shooting and that the officers involved in the shooting had taken Wilson out of his truck and killed him execution style outside of the truck. Monique Gallegos later recanted the statement.
In her sworn statement, Maria Gallegos testified that Collins came to her house and told her, " f I let Monique testify and if [Collins] would receive an amount from the settlement that, you know, I wouldn't have nothing to worry about, she would buy us a house and a nicer car." This is the evidence of the bribe that the officers insist should have been admitted. Maria Gallegos, however, also testified that Collins came to her before her daughter recanted. "[The circuit] court has considerable discretion in the exclusion of evidence and, absent abuse of discretion, its action will not be grounds for reversal." Kelly v. Jackson, 798 S.W.2d 699, 704 (Mo. banc 1990). Maria Gallegos' testimony merely establishes that Collins asked her to "let" her daughter testify. Collins did not request perjured testimony. Indeed, Gallegos' daughter had not recanted her statement when Collins' allegedly made the request, so at that point she did not know that Gallegos' daughter would be giving perjured testimony.
Moreover, the theory that Wilson was removed from the truck and shot outside the truck was not advanced at trial. Indeed, the only mention of this alternative theory came during the officers' cross-examination of Collins' expert. The officers asked the expert whether or not all of the evidence indicated that Wilson was shot inside the truck, and the expert said, "Yes. . . . t appeared that that's how it happened." He then offered, "I think the only question was--the original request by the attorneys was to try to make that determination. There was some comment that maybe he wasn't." We conclude the circuit court did not abuse its discretion in determining that the prejudicial effect of this evidence outweighed its probative value. Finally, the officers contend that the circuit court erred in not granting a new trial "based on cumulative and prejudicial error that occurred in the selection of the jury, due to juror misconduct, due to prejudicial admission of evidence, due to prejudicial refusal to admit evidence, due to improper jury instruction and due to improper argument[.]" They assert that the cumulative effect of these errors requires a new trial even if the errors individually do not warrant a new trial. As we find no merit or prejudice in the officers' earlier points, this point must also fail. See Szasz v. Tella, 984 S.W.2d 129, 134 (Mo. App. 1998).
We, therefore, reverse the circuit court's judgment granting Thomas' motion for judgment notwithstanding the verdict. We also reverse the circuit court's judgment as to aggravating circumstances damages and remand for a new trial on the issue of aggravating circumstances damages only. As to the remaining contentions, we affirm the circuit court's judgment.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|