Summary
The Delaware Supreme Court affirmed Jason R. Gallaway’s conviction for first-degree murder by abuse or neglect in connection with his daughter’s death. The court held that a YouTube video depicting Gallaway performing a prank several months after the death was properly admitted as rebuttal evidence because it was relevant to his testimony that he was continually depressed and suicidal, and its probative value was not substantially outweighed by unfair prejudice.
Topics
Practice areas
Questions Presented
- Whether the Superior Court abused its discretion under Delaware Rule of Evidence 401 by admitting the YouTube video as rebuttal evidence after Gallaway testified that he was depressed and suicidal every day.
- Whether the video should nevertheless have been excluded under Delaware Rule of Evidence 403 because its probative value was substantially outweighed by the danger of unfair prejudice.
Holdings
- The YouTube video was relevant because Gallaway placed his post-incident state of mind and demeanor in issue by testifying that he was depressed and suicidal every day, and the video provided contrary evidence of his demeanor during that period.
- The video was not unfairly prejudicial because its probative value in rebutting Gallaway's testimony substantially outweighed the danger of unfair prejudice.
Key quotations
“when a party opens up a subject, he cannot object if the opposing party introduces evidence on the same subject.” (571)
“A video showing Gallaway engaging in such conduct would not be material to demonstrate that he acted intentionally or recklessly many months earlier.” (570)
Factual background
Gallaway's three-month-old daughter suffered severe brain, skull, and other injuries and died several days after Gallaway called emergency services. At trial, the State's medical experts testified that the injuries resulted from non-accidental trauma, while Gallaway testified that he accidentally dropped his daughter. During his testimony, Gallaway repeatedly described himself as depressed and suicidal, including stating that he thought about killing himself every day. The State introduced a publicly posted YouTube video from several months after the child's death showing Gallaway laughing and performing a Listerine prank with his wife.
Procedural history
Gallaway was indicted in the Superior Court of Delaware for Murder by Abuse or Neglect in the First Degree after his three-month-old daughter died from severe injuries. Following a seven-day jury trial, the jury convicted him, and the Superior Court imposed a sentence of life imprisonment without probation or parole. On direct appeal, Gallaway challenged the admission of a YouTube video as irrelevant and unfairly prejudicial. The Supreme Court of Delaware affirmed.