{ "id": 4078557, "name": "STATE OF NORTH CAROLINA v. LUIS BERBER MARTINEZ", "name_abbreviation": "State v. Martinez", "decision_date": "2011-06-21", "docket_number": "No. COA10-885", "first_page": "661", "last_page": "667", "citations": [ { "type": "official", "cite": "212 N.C. App. 661" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "373 U.S. 83", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11716714 ], "weight": 2, "year": 1963, "pin_cites": [ { "page": "87" }, { "page": "1196-97" } ], "opinion_index": 0, "case_paths": [ "/us/373/0083-01" ] }, { "cite": "358 S.E.2d 67", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1987, "pin_cites": [ { "page": "121-22" } ], "opinion_index": 0 }, { "cite": "320 N.C. 175", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4727201, 4729487, 4726223, 4727800, 4731129 ], "year": 1987, "opinion_index": 0, "case_paths": [ "/nc/320/0175-03", "/nc/320/0175-05", "/nc/320/0175-02", "/nc/320/0175-04", "/nc/320/0175-01" ] }, { "cite": "355 S.E.2d 804", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1987, "opinion_index": 0 }, { "cite": "85 N.C. App. 624", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 12170240 ], "year": 1987, "opinion_index": 0, "case_paths": [ "/nc-app/85/0624-01" ] }, { "cite": "340 S.E.2d 35", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "opinion_index": 0 }, { "cite": "316 N.C. 13", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4695749 ], "year": 1986, "opinion_index": 0, "case_paths": [ "/nc/316/0013-01" ] }, { "cite": "689 S.E.2d 858", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2010, "pin_cites": [ { "parenthetical": "per curium" } ], "opinion_index": 0 }, { "cite": "363 N.C. 826", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4150979 ], "year": 2010, "pin_cites": [ { "parenthetical": "per curium" } ], "opinion_index": 0, "case_paths": [ "/nc/363/0826-01" ] }, { "cite": "681 S.E.2d 504", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 11, "year": 2009, "pin_cites": [ { "page": "509" }, { "page": "507-08" }, { "page": "508" }, { "page": "508", "parenthetical": "stating the testimony \"amounted to a statement that a State agency had concluded Defendant was guilty\"" }, { "page": "508" }, { "page": "508" }, { "page": "507", "parenthetical": "noting physical exams of the children were normal and revealed no injures" }, { "page": "507", "parenthetical": "noting that without the improper testimony by the DSS investigator, the jury was left with the children's testimony and other corroborating testimony, leaving the credibility of the victims as the central issue for the jury to resolve" }, { "page": "509", "parenthetical": "ordering a new trial after concluding that while the victims' testimony and corroborating testimony is strong evidence, it is not sufficient to survive a plain error review of the impermissible testimony of a witness vouching for the credibility of the victim" } ], "opinion_index": 0 }, { "cite": "199 N.C. App. 115", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4170662 ], "weight": 3, "year": 2009, "pin_cites": [ { "page": "123" }, { "page": "121" }, { "page": "123-24" } ], "opinion_index": 0, "case_paths": [ "/nc-app/199/0115-01" ] }, { "cite": "707 S.E.2d 236", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2011, "pin_cites": [ { "parenthetical": "\"[W]e review a trial court's ruling on the relevance of evidence de novo .. . .\"" } ], "opinion_index": 0 }, { "cite": "704 S.E.2d 39", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2010, "pin_cites": [ { "page": "45" } ], "opinion_index": 0 } ], "analysis": { "cardinality": 692, "char_count": 14801, "ocr_confidence": 0.746, "pagerank": { "raw": 6.412715976673325e-08, "percentile": 0.39657987782299275 }, "sha256": "f8c0e73f16d16264b7cedb2d7f154c7c98a0125cd36928175b019a4f01b73f8a", "simhash": "1:c1afde789a2c7d2b", "word_count": 2349 }, "last_updated": "2023-07-14T17:12:23.503415+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges CALABRIA and STROUD concur." ], "parties": [ "STATE OF NORTH CAROLINA v. LUIS BERBER MARTINEZ" ], "opinions": [ { "text": "HUNTER, JR., Robert N., Judge.\nLuis Berber Martinez (\u201cDefendant\u201d) appeals from Judgments imposing an active sentence after a jury found him guilty of three counts of indecent liberties with a child and one count of statutory rape. Defendant argues, inter alia, the trial court erred in admitting the testimony of a social worker that an allegation of sexual abuse made against Defendant had been substantiated by the Department of Social Services. Defendant argues this testimony was admitted in error, was prejudicial, and he seeks a new trial. For the reasons stated below, we agree and grant Defendant a new trial.\nI. Factual & Procedural Background\nThe State\u2019s evidence tended to establish the following. In 2008, Nadia and her sister Sara were living with their legal guardian and aunt Sharon Martinez (\u201cMrs. Martinez\u201d) and Defendant. Nadia testified that on 27 June 2008, when Nadia was 13 years old, she had some friends sleeping over from the night before. That morning, Mrs. Martinez woke Nadia to look after Mrs. Martinez\u2019s infant daughter while Mrs. Martinez ran an errand. Nadia testified that she was sitting in the living room watching the infant and the television when Defendant came into the room and sat beside her on the sofa. Defendant then allegedly sexually molested Nadia before being interrupted by one of Nadia\u2019s friends walking into the room. Nadia testified that Defendant grabbed his clothes and ran out of the room. Nadia\u2019s friend encouraged Nadia to tell someone what had happened; the friend, however, did not testify.\nNadia called a family friend who called the police. A social worker from the Granville County Department of Social Services (\u201cDSS\u201d) took Nadia to the hospital where she was examined and hospital staff collected physical evidence using a rape kit. When Nadia was released from the hospital, DSS placed her and her sister in a foster home.\nOn 1 December 2008, a Granville County Grand Jury indicted Defendant with three counts of taking indecent liberties with a minor and one count of statutory rape. In June 2009, Judge Henry W. Hight, Jr., reviewed, in camera, confidential records pertaining to Nadia\u2019s allegations. In an Order entered 2 July 2009, Judge Hight concluded the confidential records did not contain material exculpatory evidence and need not be disclosed to Defendant.\nIn January 2010, Defendant filed motions in limine seeking: to exclude evidence from a then-pending DSS investigation into whether Defendant neglected one or more of his children; and to exclude testimony by the State\u2019s expert witness as to the expert\u2019s opinion of whether Nadia and Sara were sexually abused children in the absence of physical evidence of abuse. Both Motions were denied.\nDefendant\u2019s case came on for trial before Judge Orlando F. Hudson in the 19 January 2010 Criminal Session of Granville County Superior Court. At trial, Nadia testified to two other incidents of alleged sexual abuse by Defendant, and stated that such abuse \u201chappened continuously.\u201d In one incident, Nadia and Defendant were cleaning his car in the garage when Defendant came up behind her, rubbed her buttocks, breasts, and vaginal area before attempting to unbutton her pants. Nadia told Defendant to stop and opened the garage door. Defendant allegedly told Nadia not to tell anyone, as she would not like the consequences. Nadia told Mrs. Martinez, who ignored her allegations.\nNadia also admitted, however, that she accused Defendant of raping her in 2006, but the accusation was false. Nadia testified that she recanted the 2006 allegation after DSS began to investigate because Mrs. Martinez and Defendant told her to do so.\nThe State called as a witness Cassandra Putney (\u201cPutney\u201d), the social worker assigned by DSS to investigate Nadia\u2019s allegations of abuse. Putney testified to her credentials, including her position with DSS, her work experience, and her educational background. In response to the State\u2019s question as to how Putney became familiar with Nadia and her sister, Putney stated, \u201cThe first time I met them was in 2006. A case and investigation was done and substantiated for \u2014 .\u201d (Emphasis added.) Defendant\u2019s counsel objected to any \u201csubstantiation\u201d testimony. The trial court overruled the objection and Putney continued: \u201cOur agency substantiated a case of sex abuse in regards to [Nadia]. And that was in 2006.\u201d (Emphasis added.) Defendant\u2019s counsel objected again and moved to strike the testimony. When Defendant\u2019s counsel cited case law for the proposition that substantiation testimony was not permitted, the trial judge stated he did not believe that was correct and overruled the objection. On cross-examination, Putney admitted that after Nadia confessed that her 2006 allegation was not true, DSS closed that investigation.\nThe State called as a witness Scott Snider (\u201cSnider\u201d), the Clinical Coordinator at the Duke Child Abuse and Neglect Medical Evaluation Clinic. Snider testified that he interviewed Nadia in July 2008 and that Nadia confirmed she recanted her prior allegations of sexual abuse by Defendant, because Defendant and Mrs. Martinez told her to \u201csay that nothing happened.\u201d\nThe State also called Dr. Karen St. Claire to testify as to her physical examination of Nadia\u2019s genitals on 14 July 2008. Dr. St. Claire, qualified by the trial court as an expert witness on child sex abuse, concluded that Nadia\u2019s genitals looked \u201cvery typical\u201d for an adolescent, and such non-specific findings could be consistent with repeated penile-vaginal penetration.\nThe jury found Defendant guilty on all charges. The trial court entered consecutive judgments imposing 399 to 491 months imprisonment. The trial court further found Defendant had been classified as a sexually violent predator and ordered Defendant, upon his release from prison, to register as a sex offender and be subject to satellite based monitoring for the remainder of his life. Defendant gave notice of appeal in open court.\nII. Jurisdiction & Standard of Review\nAs Defendant entered a plea of not guilty and appeals from the final judgment of a superior court, an appeal lies of right with this Court pursuant to N.C. Gen. Stat. \u00a7 7A-27(b) (2009). When the admissibility of evidence by the trial court is preserved for review by an objection, we review the trial court\u2019s decision de novo. See State v. Capers, \u2014 N.C. App. \u2014, \u2014, 704 S.E.2d 39, 45 (2010), appeal dismissed, disc. review denied, \u2014 N.C. \u2014, 707 S.E.2d 236 (2011) (\u201c[W]e review a trial court\u2019s ruling on the relevance of evidence de novo .. . .\u201d).\nIII. Analysis\nA. Voucher of Victim\u2019s Credibility\nDefendant first argues the trial court erred in admitting DSS social worker Putney\u2019s testimony that she \u201csubstantiated\u201d Nadia\u2019s 2006 claim of sexual abuse by Defendant. Defendant contends the admission of this testimony was an error of law as it unfairly bolstered the victim\u2019s credibility. We agree.\nIn State v. Giddens this Court concluded similar testimony to be an impermissible expression of opinion as to the credibility of the accuser. 199 N.C. App. 115, 123, 681 S.E.2d 504, 509 (2009), aff\u2019d, 363 N.C. 826, 689 S.E.2d 858 (2010) (per curium). At issue in Giddens was the testimony by a DSS investigator that he \u201csubstantiated\u201d the victim\u2019s sexual abuse allegation after an investigation into the claim. Id. Because the investigator\u2019s testimony was based, in part, on the DSS investigation and not \u201csolely on the children\u2019s accounts of what happened,\u201d the Court rejected the State\u2019s argument that the testimony was a prior consistent statement and merely corroborated the victims\u2019 testimony. Id. at 120-21, 681 S.E.2d at 507-08. Rather, the testimony amounted to an impermissible voucher of the victims\u2019 credibility. Id. at 121, 681 S.E.2d at 508 (\u201cOur case law has long held that a witness may not vouch for the credibility of a victim.\u201d (citing State v. Freeland, 316 N.C. 13, 340 S.E.2d 35 (1986) and State v. Teeter, 85 N.C. App. 624, 355 S.E.2d 804, appeal dismissed, cert. denied, 320 N.C. 175, 358 S.E.2d 67 (1987))).\nThe Giddens Court concluded the investigator\u2019s testimony, that DSS \u201csubstantiated\u201d the allegations of sexual abuse, essentially told the jury that DSS determined the defendant was guilty of sexually abusing the victims and the trial court erred in admitting the testimony. Id. at 121-22, 681 S.E.2d at 508 (stating the testimony \u201camounted to a statement that a State agency had concluded Defendant was guilty\u201d).\nThe State argues the present case is distinguishable. In Giddens, the State\u2019s witness testified to the \u201cthorough\u201d nature of the investigation that led DSS to conclude the victims\u2019 allegation was substantiated. Id. at 121, 681 S.E.2d at 508. Here, Putney did not testify to the thoroughness of the DSS investigation, but merely stated that DSS \u201csubstantiated\u201d the claim after conducting an investigation. On this basis, the State contends it would be disingenuous to equate the present case with the facts of Giddens. We cannot agree.\nIn Giddens, the DSS investigator testified that her investigation included a \u201cglobal assessment,\u201d in which she inquired about more than the child\u2019s specific allegations, but also inquired as to the child\u2019s mental needs and supervision. Giddens, 199 N.C. App. at 121, 681 S.E.2d at 508. Based on this information, the DSS investigator stated she had no information to substantiate that the child\u2019s other caregivers were abusive or neglectful. Id. We cannot conclude the testimony in the present case, that DSS substantiated Nadia\u2019s sexual abuse allegations, is any less prejudicial than the testimony in Giddens. As we explained in Giddens, although the social worker was not qualified as an expert witness, the jury likely gave the witness\u2019 opinion more weight than the opinion of a lay person. Id. The trial court erred in admitting Putney\u2019s substantiation testimony.\nWe also note the striking similarity of the evidence in Giddens and the present case. Here, as in Giddens, there was no physical evidence of sexual abuse. See id. at 119-20, 681 S.E.2d at 507 (noting physical exams of the children were normal and revealed no injures). The State\u2019s expert medical witness, Dr. St. Claire, testified to Nadia\u2019s non-specific genital exam results \u2014 she \u201clooked like a very typical adolescent.\u201d Thus, the State\u2019s case rested solely on Nadia\u2019s testimony and additional corroborative testimony. In effect, the essential issue for the jury to consider was Nadia\u2019s credibility. See id. at 119-20, 681 S.E.2d at 507 (noting that without the improper testimony by the DSS investigator, the jury was left with the children\u2019s testimony and other corroborating testimony, leaving the credibility of the victims as the central issue for the jury to resolve).\nAccordingly, we conclude there is a reasonable possibility that had Putney\u2019s testimony not been admitted, the jury would have reached a different verdict. N.C. Gen. Stat. \u00a7 15A-1443(a) (2009) (\u201cA defendant is prejudiced by errors ... when there is a reasonable possibility that, had the error in question not been committed, a different result would have been reached at the trial.out of which the appeal arises.\u201d).\nFurthermore, the Giddens defendant failed to object to the substantiation testimony at trial and, yet, the Court found it to be sufficiently prejudicial to rise to the level of plain error. See Giddens, 199 N.C. App. at 123-24, 681 S.E.2d at 509 (ordering a new trial after concluding that while the victims\u2019 testimony and corroborating testimony is strong evidence, it is not sufficient to survive a plain error review of the impermissible testimony of a witness vouching for the credibility of the victim). Unlike the defendant in Giddens, here, Defendant preserved the issue for review by objecting to Putney\u2019s testimony. Given the lower threshold required for finding prejudicial error when the issue is preserved for review by objection, we conclude Putney\u2019s testimony was sufficiently prejudicial to warrant a new trial.\nB. Confidential Evidence\nDefendant also argues the trial court erred in failing to disclose material exculpatory information contained in privileged documents reviewed in camera. After a review of this evidence, we agree.\n\u201c[T]he suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.\u201d Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 1196-97 (1963).\nThe record does not reveal what, if any, of this confidential material was made available to Defendant. Our review of the material, however, leads us to conclude there is sufficient exculpatory material to impeach the State\u2019s witnesses. On remand for a new trial, we direct the trial judge to review the material de novo to determine, in his or her discretion, what material should be made available to Defendant.\nIV. Conclusion\nIn summary, we conclude the trial court erred by permitting the DSS investigator to testify that she had substantiated the allegation of sexual abuse against Defendant. We also conclude the trial court erred in failing to disclose material exculpatory evidence to Defendant. Defendant is entitled to a new trial. Consequently, we do not reach Defendant\u2019s additional arguments regarding the trial court\u2019s refusal to instruct on attempted rape, sentencing Defendant as a level III sex offender, and ordering Defendant be subject to satellite-based monitoring for the remainder of his life.\nNew trial.\nJudges CALABRIA and STROUD concur.\n. Pseudonyms are used to protect the identity of juveniles.", "type": "majority", "author": "HUNTER, JR., Robert N., Judge." } ], "attorneys": [ "Attorney General Roy Cooper, by Assistant Attorney General Laura E. Grumpier, for the State.", "Russell J. Hollers III for Defendant-appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. LUIS BERBER MARTINEZ\nNo. COA10-885\n(Filed 21 June 2011)\n1. Evidence\u2014 sexual abuse \u2014 vouching for victim\u2019s credibility\nThe trial court erred in an indecent liberties and statutory rape case by admitting a DSS social workers\u2019 testimony that she substantiated the minor victim\u2019s claim of sexual abuse by defendant. There was a reasonable possibility that had the testimony not been admitted, the jury would have reached a different verdict.\n2. Discovery\u2014 privileged documents \u2014 failure to disclose material exculpatory information\nThe trial court erred in an indecent liberties and statutory rape case by failing to disclose material exculpatory information contained in privileged documents reviewed in camera. On remand for a new trial, the trial court should review the material de novo to determine whether it should be made available to defendant.\nAppeal by Defendant from Judgments entered 21 January 2010 by Judge Orlando F. Hudson, Jr., in Granville County Superior Court. Heard in the Court of Appeals 12 January 2011.\nAttorney General Roy Cooper, by Assistant Attorney General Laura E. Grumpier, for the State.\nRussell J. Hollers III for Defendant-appellant." }, "file_name": "0661-01", "first_page_order": 671, "last_page_order": 677 }