Stewart v. State

31 N.E.3d 1044 (Table)

Todd STEWART, Appellant–Defendant

v.STATE of Indiana, Appellee–Plaintiff.

No. 20A03–1406–CR–200.

Court of Appeals of Indiana.

April 9, 2015.

Marielena Duerring, South Bend, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

MEMORANDUM DECISION

MATHIAS, Judge.

[1] Following a jury trial, Todd Stewart (“Stewart”) was convicted of murder and sentenced to sixty-five years in the Department of Correction. On appeal, Stewart presents one issue for our review, which we restate as whether the trial court erred in limiting Stewart's cross-examination of one of the State's witnesses.

[2] We affirm.

Facts and Procedural History

[3] Mark Miller (“Miller”) was the owner of a small tattoo shop in Elkhart, Indiana. Stewart and Matt Howard (“Howard”) worked for Miller at his shop, Stewart as a piercer and Howard as a tattoo artist.

[4] On the morning of September 8, 2012, Miller missed a breakfast meeting he had arranged the previous day with his sister, Dawn Miller (“Dawn”). On September 10, after Miller failed to appear at a child custody-related court proceeding, Dawn contacted the police. Later that day, she, Stewart, Miller's wife, Gwen Miller (“Gwen”), and a few other people met at the tattoo shop to search for Miller. The shop was tidy, and no sign of Miller existed. Dawn noticed that Stewart and Gwen failed to help the others search. At some point while the group was at the tattoo shop, Stewart took Dawn aside and showed her a single-page document, which he claimed Miller drafted and signed to give Stewart control of the shop during Miller's “leave of absence.” Tr. p. 67. Dawn did not believe that the signature on the document was her brother's signature.

[5] When Dawn left the tattoo shop that night, she parked her car in a parking lot across the street and watched the shop for a time, hoping to see her brother sneak into the shop after everyone left. Instead she saw Stewart and Gwen exit the shop, laughing and playing with a rolling officer chair in the parking lot.

[6] The police soon began their investigation into Miller's disappearance and set up interviews with his friends and family. During their interviews with police, both Stewart and Howard denied any knowledge of Miller's whereabouts. Howard agreed to take a polygraph examination. However, during the examination, Howard admitted to the examiner that he had researched methods to manipulate the polygraph examination results and that he had tested those methods by lying about his last name during the examination.

[7] Nearly two weeks after Miller was last seen alive, his body was discovered inside a steel barrel in the St. Joseph River. He had been shot with a small caliber gun in the head and in his right thigh. A distant cousin of Stewart's contacted the police shortly after Miller's body was discovered and told police that Stewart had asked him about the location of the deepest point in the St. Joseph River. Barry Coy (“Coy”), a friend of Stewart's with whom Stewart shared use of a pickup truck, told police that Stewart had used the truck on the evening of September 7 or the morning of September 8. On the evening of September 7, Coy had noticed an empty steel barrel in the truck bed and a shotgun in the truck cab. The following morning, when Coy arrived at Stewart's house to use the truck again, he noticed that the cab and the bed of the truck were freshly scrubbed and that the exterior of the truck had damage that was not present the night before. A subsequent search by police of Stewart's house revealed guns, ammunition, and several barrels similar to the one in which Miller's body was found.

[8] On April 29, 2013, the State charged Stewart with murder. A jury trial was held from April 28, 2014, to May 1, 2014. At trial, Howard testified that he, Stewart, and Miller were all working at Miller's tattoo shop on the night of September 7, 2012. Howard heard a popping sound then turned to see Stewart standing in the shop's back doorway, holding a pistol with a homemade silencer. Howard also saw Miller lying motionless on the concrete slab just outside the door. Terrified, Howard obliged when Stewart ordered him to help load Miller's body into a barrel, then load the barrel into the back of Stewart's truck.

[9] On cross-examination, Stewart's counsel attempted to impeach Howard by eliciting testimony about his admitted deception during his polygraph examination. The trial court, however, excluded any testimony related to the polygraph examination.

[10] The jury found Stewart to be guilty of murder. On May 29, 2014, the trial court sentenced Stewart to sixty-five years executed in the Department of Correction.

[11] Stewart now appeals.

Discussion and Decision

[12] Stewart argues that the trial court erred in excluding evidence of Howard's intentional manipulation of the polygraph examination results. Specifically, he argues that, because Howard's testimony against Stewart was so damaging and Howard's credibility so important to the State's case, Stewart was “denied his fundamental right to effectively confront and cross examine Howard.” Appellant's Br. at 6.

“[T]he Confrontation Clause guarantees an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.” Delaware v. Fensterer, 474 U.S. 15, 20 (1985). “Furthermore, the right to confront witnesses ‘may, in appropriate cases, bow to accommodate other legitimate interests in the criminal trial process .’ “ Tague v. Richards, 3 F.3d 1133, 1137 (7th Cir.1993) (quoting Chambers v. Mississippi, 410 U.S. 284, 295 (1973) ). The scope and extent of cross-examination is largely within the trial court's discretion. Pulliam v. State, 264 Ind. 381, 345 N .E.2d 229 (1976). Only where a total denial of access during cross-examination to an area bearing upon the credibility of a crucial state witness is a Sixth Amendment issue raised. Any lesser curtailment is reviewable only for an abuse of discretion, and we will reverse only when the trial court's decision is clearly against the logic and effect of the facts and circumstances before it. Brooks v. State, 259 Ind. 678, 291 N.E.2d 559 (1973).

[13] Indiana Rule of Evidence 608 provides:

(a) Opinion and Reputation Evidence of Character. The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.

(b) Specific Instances of the Conduct of a Witness. For the purpose of attacking or supporting the witness's

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