Summary
The Washington Supreme Court held that Evidence Rule 408 does not apply in criminal trials, including trials involving offenses subject to compromise. Accordingly, evidence that the defendant paid the victim $800 and made related statements was admissible. The court also held that excluding cross-examination concerning the victim’s receipt of insurance proceeds was within the trial court’s discretion and affirmed the conviction.
Topics
Practice areas
Questions Presented
- Whether Washington Evidence Rule 408 excludes evidence of a criminal defendant's payment to a victim and related statements in a criminal trial.
- Whether the trial court violated O'Connor's confrontation rights or abused its discretion under ER 608(b) by prohibiting cross-examination concerning the victim's receipt and retention of insurance proceeds.
Holdings
- ER 408 does not apply in criminal trials, including when the charged offense is a misdemeanor subject to compromise under chapter 10.22 RCW. Accordingly, evidence of O'Connor's $800 payment to Bologna and statements concerning that payment were properly admitted.
- The trial court acted within its discretion and did not violate O'Connor's confrontation rights by excluding cross-examination about Bologna's receipt and retention of insurance money because the evidence was too attenuated from the material issue and was not sufficiently probative of her truthfulness.
Key quotations
“When weighed directly against the public interest in the settlement of civil suits, the public interest in the disclosure and prosecution of crimes is certainly greater.” (348)
“Therefore, the trial court acted within its discretion when it determined that the retention of the excess $300 was not probative of Bologna’s truthfulness on the stand because it was simply too attenuated from her testimony regarding the events on the night in question.” (353)
Factual background
Courtney James O'Connor was accused of slashing all four tires on Rachel Bologna's vehicle after their dating relationship ended. About a week after the incident, O'Connor gave Bologna $800, apologized, and said the money was to make everything right; he did not admit slashing the tires. Bologna also received $500 from her insurer, and the trial court excluded cross-examination about the resulting $300 excess because it was a collateral character issue rather than material impeachment evidence.
Procedural history
O'Connor was charged and convicted by a jury after the trial court admitted evidence that he paid the victim $800 and excluded cross-examination concerning the victim's receipt of insurance proceeds. The Court of Appeals affirmed, holding that ER 408 applied in criminal trials only to misdemeanors subject to compromise under chapter 10.22 RCW. The Supreme Court granted review, rejected that limitation, held that ER 408 does not apply in criminal trials, and affirmed.