Lawrence William Patterson v. State of Florida , 41 Fla. L. Weekly Supp. 350 ( 2016 )


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  •           Supreme Court of Florida
    ____________
    No. SC15-228
    ____________
    LAWRENCE WILLIAM PATTERSON,
    Petitioner,
    vs.
    STATE OF FLORIDA,
    Respondent.
    [August 25, 2016]
    POLSTON, J.
    In two vehicle arson cases, our First and Fourth District Courts of Appeal
    reached conflicting decisions regarding the due process implications of admitting
    the testimony of State experts who physically examined the vehicle prior to its
    destruction where the defendant’s expert did not have that opportunity. Compare
    Patterson v. State, 
    153 So. 3d 307
    (Fla. 1st DCA 2014) (finding no due process
    violation), with Lancaster v. State, 
    457 So. 2d 506
    (Fla. 4th DCA 1984) (finding
    due process violation).1 Applying the well-established rule from Arizona v.
    1. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.
    Youngblood, 
    488 U.S. 51
    (1988), that the State’s loss or destruction of evidence
    potentially useful to the defense violates due process only when done in bad faith,
    we hold that no due process violation occurred in Patterson’s case because there is
    no evidence of bad faith. Accordingly, for the reasons explained below, we
    approve the result of the First District’s decision in Patterson and disapprove the
    Fourth District’s pre-Youngblood decision in Lancaster.
    BACKGROUND
    Patterson’s jury convicted him of multiple crimes stemming from the alleged
    arsons of his truck and residence. As the First District explained,
    [t]he arsons for which Patterson was tried and convicted completely
    destroyed his house and truck (which was parked in the garage at the
    time). It was alleged that Patterson used the truck to start one of the
    two arson fires in the house. [Not long after firefighters extinguished
    this first fire that allegedly originated in the truck, they were called
    back to Patterson’s residence in response to a second fire that
    allegedly originated in one of the bedrooms.] After State Fire Marshal
    and insurance company investigators completed their work, including
    inspecting the truck, and after the auto insurer paid Patterson the
    proceeds of his insurance policy, the insurer took custody of the truck
    and had it destroyed. This occurred five months before Patterson was
    arrested and charged. With the vehicle itself unavailable, Patterson’s
    fire investigation expert reviewed approximately 300 photographs of
    the burned truck and garage area. (He also personally inspected the
    dwelling.)
    Before trial, Patterson moved the trial court to dismiss all the
    charges, or alternatively, to exclude any testimony from State expert
    witnesses opining, based on their physical examination of the truck,
    on whether the truck fire was intentionally started. He argued the
    State had intentionally destroyed the truck, making it unavailable to
    his expert and, as a consequence, violated his constitutional right to
    due process. The trial court denied the requested relief, allowing
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    prosecution experts Stephen Callahan, Mike Miller and Bob Hallman
    to describe for the jury how they each examined the truck, and to give
    the jury their opinions on how the truck fire started. [In addition to
    these experts, the State presented expert testimony from David
    Cheers, an investigator retained by Patterson’s homeowner’s
    insurance company who also physically examined the truck.]
    
    Patterson, 153 So. 3d at 309
    .
    At trial, the experts’ testimony conflicted as to the origin of the fire, with the
    State’s experts testifying that the fire was not accidental and Patterson’s expert
    testifying that it was. Though the State’s experts had physically examined the
    truck before it was destroyed, whereas Patterson’s expert did not have that
    opportunity, the experts relied heavily on extensive photographs of the truck and
    garage to support their testimony.
    For example, the State’s experts relied on the following in support of their
    conclusion that the fire was not accidental: (i) burn patterns in the truck indicating
    that the fire primarily came from the passenger compartment, rather than from
    electrical components in the engine compartment; (ii) burn patterns on the inside
    wall of the garage on the passenger side of the truck indicating that the truck’s
    passenger door was open during the fire; (iii) a sample taken from the passenger
    compartment that tested positive for gasoline, indicating that accelerant had been
    poured inside the truck and ignited by an open heat source; (iv) the presence of
    combustible material remaining in the engine compartment that would not be
    expected to withstand a fire that began in the engine, including plastic on the
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    battery and aluminum, which has a low melting point, on the radiator; and (v)
    wiring in the engine compartment, passenger compartment, and under the
    dashboard that showed no signs of arcing as would be expected if the fire’s origin
    was electrical.
    In contrast, Patterson’s expert, Cam Cope, testified that from his
    examination of the photographs, “all of the burn patterns would certainly tell me
    that [the fire was] electrical,” and that there was no evidence in the photographs
    that someone ignited gas in the seat, which Cope testified would be extremely
    difficult to do without suffering serious injuries that Patterson lacked. Cope further
    explained that it was not surprising that a sample taken from the passenger
    compartment tested positive for gasoline because during the fire the gas tank
    burned and leaked (which he said caused the burn pattern on the wall beside the
    truck), and the fire department then sprayed the area where gasoline had leaked on
    the ground with high pressure hoses back toward the truck. In addition, Cope
    noted that the lack of burning of combustible material in the passenger
    compartment, including the center console, further informed his opinion that the
    fire began in the engine, likely in the powertrain control module, which was not
    photographed.
    Cope also testified to his perceived shortcomings of the State’s experts’
    opinions and investigation. Specifically, Cope testified that he did not agree with
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    the testimony regarding the absence of arcing because some circuits in a vehicle
    are energized 100% of the time, and as long as a battery is in a vehicle there will be
    cross arcing. Cope also identified several electrical components that should have
    been further examined, such as the powertrain control module, electronic seats,
    seat heaters, headlights, and aftermarket components that had been added to the
    truck, and he testified that x-rays would have been required to properly examine
    some of those components. In addition to noting that those components were
    impossible to examine since the truck had been destroyed, Cope testified that the
    State’s experts did not address them in their reports and that they cannot be
    eliminated as the cause of the accidental fire.
    After Patterson’s jury found him guilty on all counts, he appealed to the First
    District, arguing that “the trial court should have dismissed the charges against him
    because the destroyed truck was of critical evidentiary value,” or, alternatively,
    that under the Fourth District’s decision in Lancaster, “the trial court should have
    excluded the testimony of the State’s experts because the truck’s unavailability
    rendered his trial fundamentally unfair.” 
    Patterson, 153 So. 3d at 309
    , 310. The
    First District rejected both arguments and affirmed. In so holding, the First District
    relied on Youngblood to reject Patterson’s argument that due process required
    dismissal of the charges against him because the record was devoid of any
    evidence that the truck was destroyed in bad faith. 
    Id. at 310.
    In rejecting
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    Patterson’s alternate argument that due process required exclusion of the State’s
    experts’ testimony, the First District factually distinguished Lancaster,
    emphasizing that in Lancaster’s case, the State “neither photographed the burned
    truck, nor preserved any samples taken from it,” leaving Lancaster (unlike
    Patterson) with “no basis on which to challenge [the State’s experts’] findings and
    conclusions.” 
    Id. at 311.
    ANALYSIS
    Relying on the Fourth District’s decision in Lancaster, Patterson argues that
    the trial court’s failure to preclude the testimony of the State’s experts who
    physically examined his truck violates his due process right to a fair trial.2 We
    disagree.
    As this Court has explained, the standard for analyzing an alleged due
    process violation in cases involving the defendant’s constitutional right to access
    evidence “depends on the type of error asserted and whether the evidence is
    exculpatory, impeaching, or merely potentially useful.” Beasley v. State, 
    18 So. 3d 473
    , 487 (Fla. 2009).
    Claims involving the State’s suppression of favorable evidence are analyzed
    under Brady v. Maryland, 
    373 U.S. 83
    (1963), recognizing a due process violation
    2. We review this legal question de novo. See Delgado v. State, 
    162 So. 3d 971
    , 981 (Fla. 2015).
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    where the defendant shows “(1) that favorable evidence—either exculpatory or
    impeaching, (2) was willfully or inadvertently suppressed by the State, and (3) that
    because the evidence was material, the defendant was prejudiced.” Beasley, 
    18 So. 3d
    at 487.
    In contrast, claims involving the State’s destruction of evidence “potentially
    useful to the defense” are analyzed under Youngblood, recognizing a due process
    violation “only if the defendant can show bad faith on the part of the [State].”
    Guzman v. State, 
    868 So. 2d 498
    , 509 (Fla. 2003); see also King v. State, 
    808 So. 2d
    1237, 1242 (Fla. 2002) (“The landmark case of . . . Youngblood[], and all cases
    since, requires a defendant to show bad faith on the part of the person destroying
    evidence before any relief can be afforded.”); see also 1 Charles W. Ehrhardt,
    Florida Evidence § 401.1, at 164-65 (2015 ed.) (“In a criminal case, due process
    apparently is not violated by the state introducing circumstantial evidence or
    testimony which the state has lost or destroyed unless it is shown that the
    destruction was in bad faith and there is actual prejudice to the accused.”).
    Thus, Brady and Youngblood “involve two different tests regarding
    evidence possessed by the State,” with a defendant’s ability to prove the State’s
    bad faith is not relevant to securing relief on a Brady claim, but critical to securing
    relief on a Youngblood claim. Beasley, 
    18 So. 3d
    at 500 (Pariente, J., concurring);
    see also 
    Youngblood, 488 U.S. at 57
    (“The Due Process Clause of the Fourteenth
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    Amendment, as interpreted in Brady, makes the good or bad faith of the State
    irrelevant when the State fails to disclose to the defendant material exculpatory
    evidence. But we think the Due Process Clause requires a different result when we
    deal with the failure of the State to preserve evidentiary material of which no more
    can be said than that it could have been subjected to tests, the results of which
    might have exonerated the defendant.”).
    The Supreme Court explained the reason for requiring the defendant to show
    bad faith where the lost or destroyed evidence is only “potentially useful” evidence
    (as opposed to material exculpatory evidence under Brady) as follows:
    Part of the reason for the difference in treatment is found in the
    observation made by the Court in [California v. ]Trombetta[, 
    467 U.S. 479
    , 486 (1984)], that “[w]henever potentially exculpatory evidence is
    permanently lost, courts face the treacherous task of divining the
    import of materials whose contents are unknown and, very often,
    disputed.” Part of it stems from our unwillingness to read the
    “fundamental fairness” requirement of the Due Process Clause . . . as
    imposing on the police an undifferentiated and absolute duty to retain
    and to preserve all material that might be of conceivable evidentiary
    significance in a particular prosecution. We think that requiring a
    defendant to show bad faith on the part of the police both limits the
    extent of the police’s obligation to preserve evidence to reasonable
    bounds and confines it to that class of cases where the interests of
    justice most clearly require it, i.e., those cases in which the police
    themselves by their conduct indicate that the evidence could form a
    basis for exonerating the defendant.
    
    Youngblood, 488 U.S. at 57
    -58.
    Patterson does not quarrel with the well-established standards of Brady and
    Youngblood. Nor does Patterson attempt to escape the obligation to prove bad
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    faith by arguing that the destroyed truck is material exculpatory evidence rather
    than potentially useful evidence. It clearly is not material exculpatory evidence.
    The most that could be said is that, if the components that Patterson’s expert
    identified as potential causes of the fire had been subjected to additional
    examination and testing, they might have supplied evidence to further support
    Patterson’s theory that the fire was electrical and therefore accidental. Instead,
    rather than seek relief under either of the two possible standards, Patterson urges
    this Court to apply a different standard—i.e., Lancaster’s—because “he is not
    seeking a blanket exclusion of evidence [but] merely seeking that the experts from
    both parties be placed on a level playing field” in a new trial at which only experts
    who have not physically examined the truck may testify.
    In Lancaster, four years before the United States Supreme Court’s decision
    in Youngblood, the Fourth District held that Lancaster’s due process rights were
    violated by allowing the State to present testimony from an expert who had
    examined the truck that Lancaster was accused of intentionally burning. 
    Lancaster, 457 So. 2d at 507
    . The Fourth District emphasized that Lancaster could not refute
    the testimony of the State’s expert because his own expert did not have the
    opportunity to examine the vehicle. 
    Id. As a
    remedy for the violation, the Fourth
    District reversed for a retrial in which “the state will be precluded from calling as
    witnesses the experts who physically examined the truck.” 
    Id. -9- In
    so holding, the Fourth District rejected the State’s argument that “the
    ‘mere possibility’ that examination of the truck would have assisted [Lancaster]
    should not result in reversal.” 
    Id. Instead, the
    Fourth District relied on its prior
    decision in Stipp v. State, 
    371 So. 2d 712
    (Fla. 4th DCA 1979), for the proposition
    that “a due process violation exists when the state unnecessarily destroys the most
    critical inculpatory evidence and then is allowed to introduce essentially irrefutable
    testimony of the most damaging nature.” 
    Lancaster, 457 So. 2d at 507
    (citing State
    v. Counce, 
    392 So. 2d 1029
    (Fla. 4th DCA 1981); Johnson v. State, 
    249 So. 2d 470
    (Fla. 3d DCA 1971)); see also 
    Lancaster, 457 So. 2d at 507
    (“It would be
    fundamentally unfair, as well as a violation of rule 3.220, to allow the state to
    negligently dispose of critical evidence and then offer an expert witness whose
    testimony cannot be refuted by the Defendant.”) (quoting State v. Ritter, 
    448 So. 2d
    512, 514 (Fla. 5th DCA 1984)).
    However, the law has changed since the Fourth District decided Lancaster.
    As the First District explained below, Youngblood is now “the pertinent
    authoritative decision” for analyzing whether the State’s destruction of evidence
    “potentially useful” to the defendant violates due process. 
    Patterson, 153 So. 3d at 310
    (quoting 
    Youngblood, 488 U.S. at 58
    ). The remedy the defendant seeks for
    the alleged due process violation does not change the standard applicable to
    determining whether a due process violation occurred. In other words,
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    Youngblood is the proper standard for judging whether due process has been
    violated whenever the State’s loss or destruction of potentially useful evidence is at
    issue, even where—as here—the remedy sought for the alleged violation is the
    exclusion of evidence as opposed to the complete dismissal of the charges. See
    State v. Coleman, 
    911 So. 2d 259
    , 261 (Fla. 5th DCA 2005) (reversing trial court’s
    decision to exclude evidence (rather than dismiss the case) because “to sanction the
    State on due process grounds, based upon the loss or destruction of potentially
    exculpatory, documentary evidence, there must be a showing of bad faith”
    (emphasis added) (citing 
    Youngblood, 488 U.S. at 58
    )).
    Applying Youngblood’s standard to the facts of Patterson’s case, no due
    process violation occurred. “There simply is no evidence in this record
    establishing that the State acted in bad faith,” as everyone who physically
    examined the truck determined the fire was not accidental, and Patterson’s own
    insurance company had the truck destroyed after the State released it. 
    Patterson, 153 So. 3d at 310
    ; see also Armstrong v. State, 
    73 So. 3d 155
    , 172 (Fla. 2011)
    (“Youngblood explained that the ‘presence or absence of bad faith for purposes of
    the Due Process Clause must necessarily turn on the police’s knowledge of the
    exculpatory value of the evidence at the time it was lost or destroyed.’ ”) (quoting
    
    Youngblood, 488 U.S. at 56
    n.*)).
    - 11 -
    Furthermore, as the First District held below, a key factual difference
    between Lancaster and this case illustrates why Patterson’s argument that
    fundamental fairness requires a new trial (which if we accepted would effectively
    require us to circumvent Youngblood by way of Lancaster) is misplaced:
    [An] important difference between Patterson’s case and Lancaster is
    that the sheriff’s fire investigators in Lancaster appear to have neither
    photographed the burned truck, nor preserved any samples taken from
    it. Consequently, the defendant had no basis on which to challenge
    their findings and conclusions. And, that is the circumstance that led
    the Fourth District to reverse the defendant’s conviction, order a new
    trial, and direct the trial court on retrial to prohibit the [State’s]
    investigators from testifying.
    
    Patterson, 153 So. 3d at 311
    .
    In contrast to the truck in Lancaster, Patterson’s truck was extensively
    photographed prior to its destruction. Relying on these photographs, Patterson’s
    expert presented detailed testimony as to why, in his opinion, the truck fire’s origin
    was electrical and therefore accidental in nature. Similarly, the State’s experts
    made extensive use of the photographs to support their contrary opinions that the
    fire’s origin was not accidental. See 
    Patterson, 153 So. 3d at 311
    (“[M]uch of the
    testimony from both sides’ experts centered on their respective interpretations of
    observed burn patterns.”). Patterson also used his expert to undermine the
    thoroughness of the examinations performed by the State’s experts, including
    through his expert’s testimony identifying components that the electrical engineer
    did not address in his report and components that should have been removed and
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    examined (including x-rayed) but were not. Therefore, even though Patterson’s
    expert did not have the same opportunity to physically examine the truck as the
    State’s experts, because the State preserved extensive photographs of the truck,
    Patterson, unlike Lancaster, was able to defend against the State’s charges.
    Accordingly, there is no basis to depart from Youngblood as the proper
    standard for analyzing Patterson’s due process argument. And, as explained
    above, there is no due process violation under Youngblood because there is no
    evidence that Patterson’s truck was destroyed in bad faith.3
    CONCLUSION
    Finding no due process violation under Youngblood, we approve the result
    of the First District’s decision in Patterson and disapprove the Fourth District’s
    decision in Lancaster.
    It is so ordered.
    LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, and PERRY,
    JJ., concur.
    3. Patterson also takes issue with the State’s request during closing
    argument for the jury to consider “how thorough” its experts’ investigations were,
    arguing that this statement improperly suggested that the jury should find the
    State’s experts more credible than his because they physically examined the truck.
    However, Patterson’s trial counsel did not object to or request any relief as a result
    of this statement (perhaps for good reason because, in the context of the entire
    record, this statement appears to have been a fair response to Patterson’s expert’s
    testimony faulting the quality of the State’s experts’ investigation). In any event,
    Patterson has not argued in this Court that his trial counsel’s failure to object was
    fundamental error, nor is it. See Evans v. State, 
    177 So. 3d 1219
    , 1234 (Fla. 2015).
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    NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
    IF FILED, DETERMINED.
    Application for Review of the Decision of the District Court of Appeal - Direct
    Conflict of Decisions
    First District - Case No. 1D12-3982
    (Escambia County)
    Michael Robert Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee,
    Florida,
    for Petitioner
    Pamela Jo Bondi, Attorney General, Trisha Meggs Pate, Bureau Chief, and
    Kathryn Lane, Assistant Attorney General, Tallahassee, Florida,
    for Respondent
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