1986/24•Yelverton, Taj v. State
Texte intégral
Circuit Court for Prince George’s County Case No. C-16-CR-23-000872 UNREPORTED IN THE APPELLATE COURT OF MARYLAND No. 1986 September Term, 2024 ______________________________________ TAJ YELVERTON v. STATE OF MARYLAND ______________________________________ Graeff, Ripken, Eyler, Deborah S. (Senior Judge, Specially Assigned), JJ. ______________________________________ PER CURIAM ______________________________________ Filed: October 9, 2026 *This is a per curiam opinion. Under Rule 1-104, the opinion is not precedent within the rule of stare decisis, nor may it be cited as persuasive authority.
— Unreported Opinion — ______________________________________________________________________________ Convicted by a jury in the Circuit Court for Prince George’s County of second degree murder, Taj Yelverton, appellant, presents for our review a single issue: whether the court erred in admitting a detective’s “testimony and report regarding her forensic cell phone data analysis.” For the reasons that follow, we shall affirm the judgment of the circuit court. At trial, the State produced evidence that in the “early morning hours” of July 3, 2022, Prince George’s County Police Corporal Christopher Hauf was dispatched to a residence at 604 Addison Road South in Capitol Heights in response to “a call for an individual that seemed to be deceased in a vehicle.” Arriving at the residence, Corporal Hauf discovered in the driver’s seat of a Cadillac Escalade a man later identified as James Johnson, who “appeared to be suffering from a gunshot wound to the head.” Mr. Johnson was later determined to have died of the wound. A crime scene investigator collected from the site of the Escalade bullet fragments, ten 5.56 by .45mm caliber cartridge cases, and one .40 caliber cartridge case. The State also called Mr. Yelverton’s father David Coneys, who testified that in July 2022, he shared his silver Dodge Durango with Mr. Yelverton. Sometime after July 4, 2022, Mr. Coneys noticed a hole in the hood of the Durango. When Mr. Coneys asked Mr. Yelverton “what happened,” he replied that “he was at a party,” “[t]here was a shooting,” and “the truck took a bullet.” The State also produced evidence that on August 4, 2022, police officers were dispatched to the intersection of Friendship Drive and Allentown Road in Fort Washington in response to “a call for a suspicious vehicle in the roadway.” Arriving at that location,
— Unreported Opinion — ______________________________________________________________________________ 2 officers discovered a silver Dodge Durango with Mr. Yelverton “sleeping behind the wheel.” One of the officers observed “on the floorboard of the passenger front side” an “AR Crystal type” or “AR-style” firearm. The officers also observed a “bullet hole” in the “front driver’s side” of the hood of the Durango. The State also called firearms examiner Jaimie Smith, whom the court admitted as an expert in “firearms examination and identification.” Mr. Smith testified that the ten 5.56 by .45mm caliber cartridge cases collected at the site of the Escalade were “the kind of cartridge case that typically goes in what people would refer to as an AR-15[] rifle format- style gun.” Mr. Smith concluded “that all ten fired cartridge cases . . . were consistent with having been fired in the same unknown firearm,” and that they were “microscopically consistent” with “having been fired in” the firearm seized from the Durango. Mr. Smith further concluded that the .40 caliber cartridge case was fired from “a separate gun.” Mr. Yelverton contends that the “court erred in admitting [a detective’s] testimony and report without an adequate foundation.” On the first day of testimony, the prosecutor offered into evidence AT&T “Wireless Subscriber Information” indicating that Mr. Coneys was the “Financial Liable Party” for phone number 202-802-2011. Following an objection by defense counsel, the court noted that the “certification” was “blank,” and the prosecutor stated that he would “offer it in with the certification.” Later, the prosecutor re- offered the subscriber information and the “certification.” The court noted that the certification was “dated October 13th,” and the information was “dated October 6th.” The prosecutor stated that he would “get it corrected.”
— Unreported Opinion — ______________________________________________________________________________ 3 The following day, the prosecutor offered what he claimed to be “the certification . . . records in their entirety.” Defense counsel objected on the grounds that there was “no account number on” the records and “nothing recognizing the actual phone number,” and the State did not file “any intent to use [phone] records.” The prosecutor stated that he would “look at the notice,” and the court reserved on the issue. The following day, the prosecutor recalled Mr. Coneys and attempted to “refresh [his] recollection as to what [he] said about that being [Mr. Yelverton’s] phone number.” During Mr. Coneys’s testimony, the prosecutor asked the court to allow him to play for the jury a portion of an interview of Mr. Coneys by Prince George’s Police Detective Ibrahim Ige. Defense counsel replied that he had not been given “any [such] video.” The court noted that it was “the State’s obligation to turn over this information,” and concluded that Mr. Coneys’s recollection was not refreshed. The court subsequently excused the jury until the following Monday. When the parties reconvened, the court stated that it had rethought its “ruling that [it] had made specifically with respect to allowing the State to have Mr. Coneys [hear] the recording of the investigation that they did with him about the phone number.” Noting that defense counsel did not make “any argument that there was any prejudice,” the court, over defense counsel’s objection, concluded that the prosecutor could play for Mr. Coneys the “five-second sections where [Detective Ige] just asks [Mr. Coneys] about the phone number, then he answers.” Outside the presence of the jury, the prosecutor called Mr. Coneys and played the recording. The following colloquy then occurred:
— Unreported Opinion — ______________________________________________________________________________ 4 [PROSECUTOR:] So does that refresh your recollection about the phone number that – and the phone that you got him? [MR. CONEYS:] It does. * * * [PROSECUTOR:] Okay. All right. And you recall saying that to the detective? [MR. CONEYS:] I don’t recall, but it’s there. It’s been over a year, so it’s kind of a stressful morning for me, so . . . [PROSECUTOR:] Okay. So on the matter of the phone, you’re saying you can’t really recall it, but you can’t really recall it well enough to really testify about it is what you’re saying? * * * [MR. CONEYS:] I don’t remember the number off the top of my head. What you’ve been asking me is to validate the number. [PROSECUTOR:] Okay. Was your memory fresher on that matter when you spoke with Detective Ige? [MR. CONEYS:] It must have – I don’t remember that. I can’t say it was refreshed. I don’t remember. [PROSECUTOR:] I mean, but did you recall the events better back then, the number, the phone number? Would you say back then, your memory was better? [MR. CONEYS:] I don’t know that it was better. I just – I remember us having the conversation. I don’t remember if it was better, but I remember the conversation. I remember us talking. [PROSECUTOR:] Okay. [MR. CONEYS:] I don’t remember how I validated – I don’t remember how I validated it. [PROSECUTOR:] Okay, but you do recall validating the number then?
— Unreported Opinion — ______________________________________________________________________________ 5 [MR. CONEYS:] Well, I mean, I’m hearing myself talking. [PROSECUTOR:] Okay. And does that accurately reflect your knowledge? [MR. CONEYS:] The video? [PROSECUTOR:] Yes. [MR. CONEYS:] I mean, I can’t argue with the video. THE COURT: So I need an answer. So does it or doesn’t it? Ask your question again, [prosecutor]. [PROSECUTOR:] Okay. What you just saw, does that accurately reflect your knowledge of Taj Yelverton’s phone number back then? You need to see it again? * * * Does it accurately reflect the fact that you knew your son’s phone number back then? [MR. CONEYS:] I don’t know that I knew it off the top of my head. [PROSECUTOR:] Okay. Did you respond to Detective Ige? [MR. CONEYS:] Yeah, I did. Yeah. [PROSECUTOR:] And did he ask you about this phone number 202- 802-2011? [MR. CONEYS:] That’s what he asked me on the video, yes. [PROSECUTOR:] Yes. Did you say that you? [MR. CONEYS:] Yes. Yes, I did. [PROSECUTOR:] Okay. So would it be safe to say that back then, you verified that was your son’s phone number?
— Unreported Opinion — ______________________________________________________________________________ 6 [DEFENSE COUNSEL]: I’d object at this point. * * * THE COURT: Okay. I’m not so sure I got a flat answer. So ask him the last question again and we’ll see where we go. [PROSECUTOR:] Okay. So what you saw in the tape, would you say that it accurately reflected the fact that when Detective Ige asked you about that number, that you said that was your son Taj Yelverton’s phone number? [MR. CONEYS:] Yes. During cross-examination, Mr. Coneys testified that he did not “have any independent recollection in terms of what [Mr. Yelverton’s] number was then,” and did not remember “whether or not [he] looked up [Mr. Yelverton’s] number” or “conferred with anything.” After the jury entered the courtroom, Mr. Coneys confirmed that he had “a chance to refresh [his] recollection about that number,” that the number “is on [his] account,” and that Mr. Yelverton “was using that phone.” During cross-examination, Mr. Coneys confirmed that “[o]utside of the video,” he did not “have any independent recollection that that was [Mr. Yelverton’s] number.” The State subsequently called Prince George’s County Police Detective Aven Odhner, whom the court “accepted as an expert in the field of cell phone and cell phone technology.” Over defense counsel’s objection, the court admitted into evidence “a report [that Detective Odhner] compiled after analyzing call detail records for the target phone number of 202-802-2011.” Using “a location of incident [of] 604 Addison Road in Capitol Heights,” the detective “confirm[ed] that the phone” using that number “was in the area of
— Unreported Opinion — ______________________________________________________________________________ 7 the location of incident up until 11:51 and 38 seconds” p.m. on July 2, 2022, and at 12:03 a.m. on July 3, 2022, “was . . . down in the Temple Hills area.” Mr. Yelverton contends that because the prosecutor “was not able to successfully refresh [Mr. Coneys’s] present recollection of the number,” the prosecutor “did not succeed in laying an adequate foundation for [Detective] Odhner’s cell phone analysis,” and hence, the court “erred in admitting [the detective’s] testimony and report.” We disagree. Rule 5-901 states that “[t]he requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims,” and an “example[] of authentication or identification conforming with the requirements of this Rule” is “[c]ircumstantial evidence . . . that the offered evidence is what it is claimed to be.” Here, Mr. Coneys expressly testified, despite some conflicting testimony, that the excerpt of Detective Ige’s interview of Mr. Coneys “refresh[ed his] recollection about the phone number . . . and the phone that [Mr. Coneys] got” Mr. Yelverton, that the number “is on [Mr. Coneys’s] account,” and that Mr. Yelverton “was using that phone.” This circumstantial evidence was sufficient to support a finding that the records upon which Detective Odhner relied documented Mr. Yelverton’s use of the number and phone, and hence, the court did not err in admitting the detective’s testimony and report. JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT.
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