If He Did Not Spit, You Must Acquit

The Maryland Court of Special Appeals affirmed a conviction for threats made to a district court commissioner during a bond hearing

On August 13, 2015, [Commissioner] Caron met with Smith following his arrest (the “Initial Appearance”). Caron testified that after she set money bail, Smith became furious. Caron testified that Smith “exploded and started cursing, yelling profanities. He said, ‘Fuck you bitch.’” Caron testified that Smith also shouted, “I’m going to find you,” and “You better find another job.” Caron further testified that Smith put his finger up, made eye contact with her, and said, “I’m going to find you” while thrusting his finger into the glass.

The guards then came to take him away. Deputy John Hinman of the Washington County Detention Center testified that, as Smith started to leave the room, “he turned back around and spit towards the Commissioner.” 

It was not error to admit the spit

The purpose of the rule is to keep a jury from assuming the commission of one crime based on the commission of another crime or act. Here, Smith’s conduct is undisputed. Rather, it was the significance of the conduct that mattered. Therefore, the spitting did not unfairly suggest that Smith committed the act, but rather, appropriately provided context for the act.

Accordingly, the circuit court did not abuse its discretion in admitting the testimony.

(Mike Frisch)