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STATE OF NORTH CAROLINA v. ROGER SCOTT COLLINS

Supreme Court of North Carolina1996-12-06No. No. 525A95
345 N.C. 170

Summary

Holding. The judgment of conviction was affirmed. The trial court properly excluded the prosecutor's sentencing statements as inadmissible argument rather than evidence, properly excluded the character testimony as harmless error, and properly excluded the physical identification of the codefendant without abusing its discretion.

Roger Scott Collins was convicted of first-degree murder, first-degree rape, and conspiracy to commit murder in connection with the September 1993 death of Bennie DeGraffenreidt. Evidence showed that Collins and the victim's husband, Michael DeGraffenreidt, had conspired to kill Bennie for her life insurance proceeds, with Collins receiving a agreed-upon share. Collins confessed to police that he sexually assaulted and smothered the victim after the conspiracy. The trial court sentenced Collins to life imprisonment for murder, consecutive life imprisonment for rape, and nine years for conspiracy.

On appeal, Collins raised three challenges to his conviction. First, he argued that the trial court should have admitted statements made by the prosecutor during the codefendant's sentencing hearing as admissions by a party opponent. The court rejected this argument, holding that prosecutorial arguments about reasonable inferences from evidence are not factual representations and therefore are not competent evidence. Second, Collins contended that character testimony about his behavioral changes should have been admitted. The court found that even if this evidence was improperly excluded, any error would have been harmless given the overwhelming evidence of guilt, including his confession. Third, Collins sought to have his codefendant physically identified before the jury to suggest the codefendant had a dominating influence over him. The court upheld the trial court's exclusion of this evidence under the rule permitting exclusion of relevant evidence when its probative value is substantially outweighed by considerations of delay or cumulative presentation.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Admissibility of prosecutorial arguments as evidence against defendant
  • Character evidence regarding defendant's behavioral changes after association with codefendant
  • Trial court discretion to exclude cumulative evidence under Rule 403

Procedural posture

The defendant appealed his capital murder conviction and sentence from the Superior Court of Chatham County following a jury trial.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MITCHELL, Chief Justice.

Defendant, Roger Scott Collins, was indicted for the 29 September 1993 rape, conspiracy to commit murder, and first-degree murder of Bennie DeGraffenreidt. He was tried capitally at the 17 July 1995 Criminal Session of Superior Court, Chatham County, and was found guilty of first-degree rape, conspiracy to commit murder, and first-degree murder on the basis of premeditation and deliberation. After a capital sentencing proceeding, the jury recommended a sentence of life imprisonment for the murder, and the trial court sentenced defendant accordingly. In addition, the trial court sentenced defendant to a consecutive term of life imprisonment for first-degree rape and to nine years for conspiracy to commit murder.

The State’s evidence tended to show inter alia that on 29 September 1993, police responded to a 911 phone call that an intruder had broken into a mobile home near Pittsboro. When police arrived at the scene, they discovered the victim’s body in the master bedroom, lying across the bed at an angle. Her legs were tied together at the ankles with a necktie, and a telephone cord and receiver were wrapped around her wrists. A pillow covered her face. The autopsy revealed that the victim had been sexually assaulted and smothered to death.

Police officers questioned the victim’s husband, Michael DeGraffenreidt. He told them that someone had broken into his home and knocked him unconscious after a fight. When he woke up, he found his wife dead. The officers collected a cassette tape from the telephone answering machine. On the tape was an incoming message from someone identifying himself as “Roger.” Roger said he was at Top’s and asked Michael DeGraffenreidt to call him. Police officers questioned defendant, Roger Collins. Defendant confessed that he raped and murdered Bennie DeGraffenreidt after conspiring with Michael DeGraffenreidt to commit the murder. Defendant told the officers that he and Michael had been discussing plans to murder Bennie for two weeks before she was killed. She had insurance on her life of about $180,000, and defendant’s “cut” was to be $6,000, Bennie’s car, and $500.00 cash “up front.”

By his first assignment of error, defendant contends that the trial court erred in excluding statements made by the prosecutor at the plea and sentencing of codefendant Michael DeGraffenreidt. Defendant argues that these statements were admissible as admissions of a party opponent and relevant to his defense in the guilt-innocence phase of the trial. We disagree.

The prosecutor’s statements at the sentencing of codefendant DeGraffenreidt were not representations of fact used to prove the basis for DeGraffenreidt’s plea under N.C.G.S. § 15A-1023(c). The statements were merely arguments of counsel as to some of the legitimate inferences that could be drawn from the evidence that had been introduced during sentencing in DeGraffenreidt’s case to persuade the sentencing judge to make DeGraffenreidt serve his sentences consecutively, rather than concurrently. Statements of this type are neither competent nor relevant as substantive evidence. This Court has held that the attorneys have wide latitude in the arguments of hotly contested cases and may argue all the facts in evidence and any reasonable inferences that can be drawn therefrom. State v. Knight, 340 N.C. 531, 561, 459 S.E.2d 481, 499 (1995). Furthermore, it is axiomatic that the arguments of counsel are not evidence. See State v. Hinson, 341 N.C. 66, 76, 459 S.E.2d 261, 267 (1995); State v. Garner, 340 N.C. 573, 597, 459 S.E.2d 718, 730 (1995), cert. denied, - U.S. -, 133 L. Ed. 2d 872 (1996). This assignment of error is overruled.

By his next assignment of error, defendant contends that the trial court erred in excluding testimony from Eric Cates relating to defendant’s character traits and changes in his character after he began his association with codefendant DeGraffenreidt.

Rule of Evidence 404(a)(1) provides that a defendant may offer character evidence as long as he tailors it “to a particular trait that is relevant to an issue in the case.” State v. Squire, 321 N.C. 541, 546, 364 S.E.2d 354, 357 (1988). In the context of this rule, “ ‘pertinent’. . . is tantamount to relevant.” Id. at 547, 364 S.E.2d at 358. The evidence defendant sought to develop with Cates’ testimony focused on factual information about defendant’s behavior and appearance rather than pertinent traits of his character. Assuming, arguendo, that the trial court erred, exclusion of the evidence could not have affected the outcome of this case in light of the overwhelming evidence of defendant’s guilt, including his confession. Thus, any possible error would have been harmless. N.C.G.S. § 15A-1443(a) (1988). This assignment of error is overruled.

Finally, defendant contends that the trial court erred by denying his request to have codefendant DeGraffenreidt identified in the presence of the jury. Defendant argues that DeGraffenreidt’s physical appearance was relevant to prove that he had a dominating and controlling influence over defendant when the crimes were committed.

Rule of Evidence 403 provides, in pertinent part, that “ [although relevant, evidence may be excluded if its probative value is substantially outweighed ... by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” N.C.G.S. § 8C-1, Rule 403 (1992). Whether to exclude evidence under Rule 403 is a matter within the sound discretion of the trial court, and its ruling may be reversed for abuse of discretion only upon a showing that the ruling was so arbitrary that it could not have been the result of a reasoned decision. State v. McCray, 342 N.C. 123, 131, 463 S.E.2d 176, 181 (1995). Applying Rule 403 to this case, we see no abuse of discretion in the trial court’s ruling. Defendant was not prevented from presenting to the jury the relevant facts about DeGraffenreidt’s age, height, weight, appearance, and size compared with defendant’s physical attributes. The trial court did not abuse its discretion by concluding that physical exhibition of DeGraffenreidt to the jury would have been cumulative and a needless waste of time. This assignment of error is overruled.

For the foregoing reasons, we conclude that defendant received a fair trial, free from prejudicial error.

NO ERROR.