State Of Washington v. Ronald Brownell Martin ( 2019 )


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  •           IN THE COURT OF APPEALS OF THE STATE OF WASHINGTONN                              cfr C.,
    DIVISION ONE                                                    •,,,'7,.14 ,,
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    THE STATE OF WASHINGTON,                 )      No. 77003-9-1                  = 9,-17717-rt
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    Respondent,     )                                           ti)rnc-t
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    v.                       )      UNPUBLISHED OPINION               co
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    RONALD BROWNELL MARTIN,                  )
    )
    Appellant.      )      FILED: January 14, 2019
    SCHINDLER, J. — The trial court found Ronald Brownell Martin guilty of felony
    harassment, misdemeanor stalking, and obstruction of a law enforcement officer in the
    discharge of his duties. Martin appeals only the conviction for obstruction of law
    enforcement officer Stephen Cloninger. Martin contends the State violated Brady v.
    Maryland, 
    373 U.S. 83
    ,
    83 S. Ct. 1194
    , 
    10 L. Ed. 2d 215
    (1963), by suppressing
    favorable impeachment evidence and the court violated his right to confrontation by
    limiting cross-examination. Because Martin cannot show prejudice or an abuse of
    discretion, we affirm.
    FACTS
    Dawn Jordan is a social worker at YWCA at Opportunity Place. Opportunity
    Place provides services and housing to men and women.
    No. 77003-9-1/2
    During summer 2016, Ronald Brownell Martin was the guest of a resident at
    Opportunity Place. Other residents expressed "concerns" about Martin. In October,
    Jordan removed Martin from the "guest list." Jordan told him he was "not allowed in our
    lobby" and "not allowed up to the resident floors." Martin told Jordan that she "could not
    tell him what to do, that he didn't have to listen to us,[and that] we weren't in charge of
    him." Although Martin eventually left, he "kept coming back persistently."
    Martin started following Jordan from the building. Jordan said Martin told her he
    "knew where I lived, he was going to kill my family," and "he would kill me." Martin
    "talked about robbing" and "beating" Jordan. Jordan made a "safety plan" and told a
    friend to "meet me at my work every day.. . and escort me home."
    By November, Jordan had "daily, interactions" with Martin. Martin told Jordan she
    would "get on his team eventually" and "he would make sure I got on his team."
    In late November, Martin followed Jordan onto a bus. While on the bus, Martin
    made a "gun gesture" with two fingers pointed at Jordan and "pull[ed] it" like "a trigger."
    Jordan got off the bus early and "just kept walking."
    Between October and December, Jordan called the police at least 12 times.
    Jordan told Martin "on multiple occasions" she was calling the police. Martin would
    react by "antagonizing her further." Each time Jordan called, Martin left before the
    police arrived. In December, Jordan obtained a no-contact order.
    On December 29, Jordan saw Martin "talking to one of our residents" outside the
    building. The resident was "repeatedly trying to get away from" him. Opportunity Place
    desk receptionist Hannah Young told Martin he "needed to leave." Jordan told Martin
    he "needed to stay away from the building." In response, Martin told Jordan he "knows
    2
    No. 77003-9-1/3
    people who know what to do with a bitch with a big mouth." Martin then stood "right
    outside of our windows at our front lobby, looking in, knocking."
    Because of poor reception, Jordan had to walk outside to use her cell phone to
    call the police. Jordan told Martin, "'You can't be here, you need to leave.'" Martin had
    a "weird, leering smile" and said he would "wait until I get off work and rip my panties
    off." Martin told Jordan,"Go ahead, call the cops, bitch," and said he "was going to kill
    me and that he was going to rob my fat ass."
    When Martin "tried to enter the YWCA," Young told him he had "to leave the
    property." Martin became "verbally abusive" to Young. Martin told Young "to follow him
    down the street, he would show me something." Young "believed that he was going to
    physically harm me" and "grabbed my mace for protection."
    Jordan called 911 again. While she was on the phone, Martin stood near Jordan,
    yelled at her, and walked in circles around her.
    Seattle Police Officer Stephen Cloninger and Officer Kent Loux responded to the
    911 call. When Young saw the police car arrive, she "immediately ran outside." Young
    saw Martin standing at the corner down the street. Young knocked on the patrol car
    window and "yelled at the officers 'you need to grab that guy,' while pointing down the
    road" toward Martin. At the same time, Martin started walking away.
    Officer Cloninger asked Young "what was going on." Young said Martin
    "threatened to shoot her or someone else." Officer Cloninger and Officer Loux began
    walking toward Martin "in order to catch up with him." But when they turned the corner,
    Martin "was no longer in sight." After walking further down an alleyway, the officers saw
    Martin "about half a block away, or approximately 200 feet from them." Martin "turned"
    3
    No. 77003-9-1/4
    and "looked at the officers." Officer Cloninger and Officer Loux were wearing police
    uniforms that "included numerous markings identifying them as law enforcement
    officers." As Martin "was making eye contact with the officers, Officer Cloninger yelled
    at him,'Stop, Police.'" Officer Cloninger continued to yell, "'Stop, Police' "multiple
    times. Martin "immediately turned and ran away." The officers pursued Martin on foot.
    The officers "called for assistance over radio" and Officer Cloninger described Martin as
    a black male in a "black down jacket." "[N]umerous additional officers arrived" to pursue
    Marlin. Officer Cloninger and Officer Loux followed Martin to Westlake mall but lost
    sight of him.
    Officer Tad Willoughby was "working in the bicycle unit." After hearing "the
    pursuit" was "coming my direction on foot," Officer Willoughby rode his bike a block
    south of Westlake to the monorail elevator "in case somebody comes out of that
    elevator." Officer Willoughby saw "a black male in a fuzzy collar, with a dark jacket, run
    across the street and run into the Bartelffs." Officer Willoughby informed dispatch.
    Officer Willoughby saw the man initially go "to the back of the store and then eventually
    started walking towards the front of the store."
    Officer Ryan Beecroft and Officer James Kellet entered Bartell Drugs with Officer
    Willoughby and arrested Martin.
    The State charged Martin with felony harassment of Jordan on December 29,
    2016 in violation of RCW 9A.46.020(1) and (2)(b), count 1; misdemeanor stalking of
    Jordan "between October 1, 2016 and December 29, 2016" in violation of RCW
    9A.46.110, count 2; misdemeanor harassment of Young in violation of RCW
    9A.46.020(1), count 3; and obstruction of law enforcement officer Stephen Cloninger on
    4
    No. 77003-9-1/5
    December 29, 2016 in violation of RCW 9A.76.020(1), count 4. Martin pleaded not
    guilty. Martin waived his right to a jury trial.
    Jordan, Young, Officer Cloninger, Officer Loux, and Officer Willoughby testified at
    trial. Jordan testified that "[a]t first," Martin's behavior "didn't bother me that much."
    Jordan said, "I'm sort of used to people not being happy when they are hearing
    somebody they don't like, so it wasn't unusual at first to be sort of yelled at and
    disrespected." However, after his behavior "escalate[d] into threats," Jordan believed
    Martin "would actually follow through on his threat to kill" her. Jordan testified:
    I was always scared waiting for the bus outside of my building, I would
    always be looking around for him. I was always watching over my
    shoulder. I was just terrified, he just terrified me, I had no idea what he
    was going to do and I honestly believed that he, at some point, was going
    to harm me.
    Young testified that when the police arrived at Opportunity Place on December
    29, Martin was standing "right on the corner." Young said that While she was talking to
    the police, Martin was "looking behind him" with "his back. . . maybe turned towards
    me."
    On cross-examination, Young conceded that Martin "didn't approach" her "at all"
    and said he "was just kind of hollering" at her. Defense counsel asked Young if she told
    the police that Martin had "threatened to shoot you." Young answered, "I don't
    remember him saying he was going to shoot me." Young said she was "[p]retty sure"
    she told the police that Martin was "threatening to shoot another staff member."
    Officer Cloninger testified that Martin "was walking quickly northbound on Third
    Avenue" and the officers "basically tracked his footsteps." Officer Cloninger testified
    that when Martin "turned" and "made eye contact with me," Martin was "[a]t most, a half
    5
    No. 77003-9-1/6
    block" away. After Officer Cloninger yelled for Martin to stop, he "started running
    southbound." Officer Cloninger said, "Officer Loux is taller and faster than I am, so I —
    he took off, I was following behind him." Officer Cloninger said they "lost sight of
    [Martin] in the area of 5th and Olive."
    The court found Martin guilty of felony harassment of Jordan, misdemeanor
    stalking of Jordan, and obstruction of Officer Cloninger in the discharge of his duties.
    The court found Martin not guilty of misdemeanor harassment of Young. The court
    entered extensive and detailed findings of fact and conclusions of law.
    ANALYSIS
    Obstruction of a Law Enforcement Officer
    Martin appeals only the conviction for obstructing a law enforcement officer.
    Martin does not assign error to any of the findings of fact. We treat unchallenged
    findings as verities on appeal. State v. Kaiser, 
    161 Wash. App. 705
    , 724, 
    254 P.3d 850
    (2011).
    "A person is guilty of obstructing a law enforcement officer if the person willfully
    hinders, delays, or obstructs any law enforcement officer in the discharge of his or her
    official powers or duties." RCW 9A.76.020(1). The court found Martin guilty of
    obstruction of Officer Cloninger—"The defendant did willfully hinder, delay, and obstruct
    Stephen Cloninger, a law enforcement officer, in the discharge of his official powers and
    duties." The unchallenged findings of fact state, in pertinent part:
    Count 4—Obstructing a Law Enforcement Officer
    32) On December 29, 2016, Seattle Police Officers Stephen Cloninger and
    Kent Loux arrived in their patrol vehicle outside the YWCA approximately
    two hours after Ms. Jordan first called 911.
    6
    No. 77003-9-1/7
    33) When the officers arrived, Ms. Young quickly ran outside and yelled at
    the officers "you need to grab that guy," while pointing down the road to
    the defendant.
    a. The defendant began walking away at the same time.
    b. Officer Cloninger asked Ms. Young for more detail of what was
    going on, and Ms. Young stated that the defendant had
    threatened to shoot her or someone else.
    34) Both officers got out of their patrol vehicle and began to walk in the
    direction of the defendant in order to catch up with him.
    35) The officers were exercising their official duties by attempting to contact
    the defendant to further investigate Ms. Young's statements of what he
    had done.
    36) When the officers turned the corner the defendant had just passed, the
    defendant was no longer in sight.
    37) Walking further down an alleyway, the officers saw the defendant about
    half a block away, or approximately 200 feet from them.
    a. The defendant turned a[nd] looked at the officers.
    b. Both officers were in their standard uniforms, which included
    numerous markings identifying them as law enforcement officers.
    c. As the defendant was making eye contact with the officers, Officer
    Cloninger yelled at him, "Stop, Police."
    d. Officer Cloninger yelled "Stop, Police," multiple times.
    e. The defendant immediately turned and ran away.
    38) The officers pursued the defendant on foot.
    39) The officers called for assistance over radio, and numerous additional
    officers arrived in the area to pursue the defendant.
    40) The defendant was eventually located inside a drug store, where he was
    taken into custody.
    No. 77003-9-1/8
    Brady Disclosures
    Martin seeks reversal of the obstruction of a police officer conviction, arguing the
    State violated Brady v. Maryland, 
    373 U.S. 83
    , 
    83 S. Ct. 1194
    , 
    10 L. Ed. 2d 215
    (1963),
    by not disclosing favorable impeachment evidence about pending Seattle Office of
    Police Accountability(OPA)investigations against Officer Loux and Officer Willoughby
    and by limiting cross-examination of Officer Willoughby about other pending OPA
    investigations.
    Under Brady, a prosecutor has an affirmative duty to learn of and disclose any,
    exculpatory or impeachment evidence known to the prosecution or police investigators
    that is material to guilt or punishment. See Strickler v. Greene, 
    527 U.S. 263
    , 280-82,
    
    119 S. Ct. 1936
    , 
    144 L. Ed. 2d 286
    (1999). To establish a Brady violation, a defendant
    must establish three necessary elements:
    (1)"The evidence at issue must be favorable to the accused, either
    because it is exculpatory, or because it is impeaching,"(2)lh[e] evidence
    must have been suppressed by the State, either willfully or inadvertently,"
    and (3) the evidence must be material.
    State v. Davila, 
    184 Wash. 2d 55
    , 69, 357 P.3d 636(2015)1 (quoting 
    Strickler, 527 U.S. at 281-82
    )).
    In analyzing a Brady violation, the court must "consider not only its discrete
    elements but also its animating purpose." State v. Mullen, 
    171 Wash. 2d 881
    , 895, 
    259 P.3d 158
    (2011). The animating purpose of Brady is to preserve the fairness of criminal
    trials. Morris v. Ylst, 
    447 F.3d 735
    , 742 (9th Cir. 2006)(citing 
    Brady, 373 U.S. at 87
    ).
    The Brady rule is not meant to "displace the adversary system"; "the
    prosecutor is not required to deliver his entire file to defense counsel, but
    1 Alteration in original.
    8
    No. 77003-9-1/9
    only to disclose evidence favorable to the accused, that, if suppressed,
    would deprive the defendant of a fair trial."
    
    Morris, 447 F.3d at 7422
    (quoting United States v. Bagley, 
    473 U.S. 667
    , 675, 
    105 S. Ct. 3375
    , 
    87 L. Ed. 2d 481
    (1985)). As a matter of law, the State must disclose
    impeachment evidence favorable to the accused. 
    Mullen, 171 Wash. 2d at 894
    . CrR
    4.7(a)(3) states, in pertinent part, "[T]he prosecuting attorney shall disclose to
    defendant's counsel any material or information within the prosecuting attorney's
    knowledge which tends to negate defendant's guilt as to the defense charged."
    Before trial, the prosecutor sent an e-mail to Martin's attorney "regarding pending
    investigations into Officer Loux and Officer Willoughby." The e-mail describes the OPA
    investigation of Officer Loux, No. 2017-0PA-0153, as follows:
    "OPA is currently investigating allegations that the following Seattle Police
    Department officers knowingly provided or participated in an attempt to
    provide false information to a police supervisor when verbally screening a
    use of force with that supervisor."
    The e-mail describes the OPA investigation of Officer Willoughby, No. 2017-
    OPA-0032, as follows:
    "OPA is currently investigating allegations that the following Seattle Police
    Department officers were racially biased when they removed the
    complainant from a business at the request of the business
    management. . . . These allegations were made by a single complainant
    arising out of the same incident."
    The State filed a pretrial motion to prohibit impeachment of the officers about the
    pending OPA investigations of Officer Loux and Officer Willoughby. Because the
    allegations "have not been substantiated in any meaningful degree" and there had been
    no final determination, the State argued, "[1]nquiry into these matters. . . would be
    2   Emphasis in original.
    9
    No. 77003-9-1/10
    highly speculative" and "[e]xamination under those circumstances would present
    significant danger of unfair prejudice and confusion of the issues."
    Defense counsel told the court, "All of the information 1 have about [the]
    investigation[s] came from the State's Brady disclosure. As far as 1 know, these
    investigations are on-going, they are listed in the Brady disclosure as currently
    investigating. . . . That is everything I have seen." The attorney argued the pending
    OPA investigation of Officer Loux about whether "he had made a false statement to a
    supervisor" is relevant to his credibility. Defense counsel argued the pending OPA
    investigation of Officer Willoughby about whether he was "racially biased when he
    removed a complainant from a business at the request of the businessman" is "very
    similar to what we have in this case. . . , it is a white alleged victim and a black
    defendant." Defense counsel said he did not believe he could obtain any additional
    information from OPA:
    It didn't come up in this case, but I have previously — or 1 have, in other
    cases, attempted to subpoena OPA investigations, and they have refused
    to provide them when they are on-going. So 1 don't think there is going to
    be any additional information about this.
    The court allowed cross-examination of Officer Willoughby about the OPA
    investigation of racial bias. The court found racial bias "is relevant and that would be
    admissible" and ruled defense counsel has "broad latitude to explore bias." But the
    court ruled that under ER 608(b), the defense could not impeach Officer Loux with the
    pending OPA investigation because the defense could not show a "good-faith belief that
    he did, in fact, falsify information when he made the report."
    10
    No. 77003-9-1/11
    Martin contends the State violated Brady by failing to provide sufficient
    information about the pending OPA investigation of Officer Loux alleging he gave a
    false statement and the OPA investigation of Officer Willoughby alleging racial bias.
    Where "a defendant has enough information to be able to ascertain the supposed
    Brady material on his own, there is no suppression by the government." United States
    v. Aichele, 
    941 F.2d 761
    , 764 (9th Cir.1991). There is no Brady violation where ,a
    defendant "possessed the 'salient facts regarding the existence of the [evidence] that he
    claims [was] withheld.'" 
    Mullen, 171 Wash. 2d at 902
    3(quoting Raley v. Ylst, 
    470 F.3d 792
    , 804 (9th Cir. 2006)). Due process does not "require the prosecution to conduct an
    independent investigation in the hopes of bolstering potentially exculpatory defense
    theories." 
    Mullen, 171 Wash. 2d at 902
    . Further, "[e]vidence that could have been
    discovered but for lack of due diligence is not a Brady violation." State v. Lord, 
    161 Wash. 2d 276
    , 293, 
    165 P.3d 1251
    (2007).
    Before trial, the State provided the defense with okrMatiqn about the pending
    •            •
    OPA investigations that included the OPA investigation numbers and a summary of the
    allegations against Officer Loux and Officer Willoughby. There is no dispute that
    following the disclosure, defense counsel did not take steps to obtain any additional
    information from OPA about the investigations.4 Because the State provided
    3 Alterations    in original.
    4 The   court declined to continue trial to investigate the truth of the allegations:
    Now, the issue is whether the Court should allow basically further investigation in to [sic]
    the truth of the allegation, that — or the Office of P[olice] Accountability is inquiring
    into. . . . I don't think that, at this juncture, the Court should delay the trial so that defense
    can do additional discovery into the truth of the basis of the OPA investigation. That's
    what the Court would be doing. And I'm going to exercise my discretion and decline to
    do that.
    11
    No. 77003-9-1/12
    information about the salient facts related to the pending OPA investigations, the State
    did not violate Brady.
    Martin also contends the State violated Brady by failing to disclose other pending
    OPA investigations against Officer Willoughby.
    On cross-examination, defense counsel asked Officer Willoughby about the OPA
    investigation. Officer Willoughby testified, in pertinent part:
    A.     I have several pending complaints against me, yes.
    Q.     Okay. And are those being investigated?
    A.     They are all being investigated through OPA, yes.
    Q.     What are those — what are those investigations for?
    [PROSECUTOR]: Objection, your Honor, as to particular
    investigations. There is, for pre-trial, one investigation that defense
    can examine on.
    THE COURT: Sustained.
    [DEFENSE COUNSEL]: Your Honor, if there are other
    investigations that the State isn't telling me about —
    THE COURT: Okay. Then we have to have —
    [PROSECUTOR]: That's quite an allegation for counsel to
    make.
    THE COURT: I have made a ruling as to one investigation
    on a matter.
    [DEFENSE COUNSEL]: Okay.
    Q.     What is the allegation, for racial bias?
    A.     It is categorized for racial bias, yes.
    Officer Willoughby said the other investigation was related to "asking a female to leave
    the Target store." Officer Willoughby said he wore a body camera and he faced "no
    possible sanctions for" the allegation.
    The State has a duty to "seek out exculpatory and impeaching evidence held by
    other government actors." 
    Davila, 184 Wash. 2d at 71
    (citing Kyles v. Whitley, 
    514 U.S. 419
    , 438, 
    115 S. Ct. 1555
    , 
    131 L. Ed. 2d 490
    (1995)). "Thus, the prosecution
    'suppresses' evidence, for purposes of Brady, even if that evidence is held by others
    acting on the government's behalf, e.g., police investigators." 
    Davila, 184 Wash. 2d at 71
    .
    12
    No. 77003-9-1/13
    But the prosecution is under no obligation to turn over materials not under its contro1.5
    
    Mullen, 171 Wash. 2d at 895
    (citing 
    Aichele, 941 F.2d at 764
    ); see also CrR 4.7(a)(3).
    Because Officer Willoughby testified he had "several pending complaints," we
    assume for purposes of the Brady analysis that the State had a duty to disclose that
    impeachment evidence.
    Martin asserts evidence of pending OPA investigations against Officer
    Willoughby was material because the conviction for obstructing a law enforcement
    officer "hinged almost exclusively on officer testimony and credibility." The record does
    not support his assertion. Evidence is material and therefore must be disclosed only if
    there is a reasonable probability that had the evidence been disclosed to the defense,
    the result of the proceeding would have been different. 
    Davila, 184 Wash. 2d at 73
    . A
    "reasonable probability" is a probability sufficient to undermine confidence in the
    outcome. 
    Bagley, 473 U.S. at 682
    . The effect of any omission must be evaluated
    cumulatively and in the context of the whole trial record. Davila 184 Wash. 2d at 78. It
    is the defendant's burden to demonstrate that he was prejudiced by the prosecutor's
    failure to disclose exculpatory or impeachment evidence. State v. Luvene, 
    127 Wash. 2d 690
    , 705-06, 
    903 P.2d 960
    (1995).
    The record shows the court did not rely on Officer Willoughby's testimony in
    finding Martin guilty of obstructing a law enforcement officer. The court relied on the
    testimony of Young, Officer Cloninger, and Officer Loux to find Martin guilty of
    obstruction of a law enforcement officer in the discharge of his duties. Martin cannot
    5 The   role of OPA and whether it is a governmental agency is not clear on this record.
    13
    No. 77003-9-1/14
    show a reasonable probability that had evidence of other pending OPA investigations of
    Officer Willoughby been disclosed before trial, the result would have been different.
    Cross-Examination
    Martin contends the court violated his right to confrontation by limiting cross-
    examination of Officer Loux under ER 608(b).
    The Sixth Amendment guarantees an accused the right to confront the witnesses
    against him. U.S. CONST. amend. VI; Crawford v. Washington, 
    541 U.S. 36
    , 42, 51, 
    124 S. Ct. 1354
    , 158 L. Ed. 2d 177(2004). The main and essential purpose of confrontation
    is the opportunity of cross-examination. State v. Lee, 
    188 Wash. 2d 473
    , 487, 
    396 P.3d 316
    (2017). But the right to confrontation is not absolute. 
    Lee, 188 Wash. 2d at 487
    .
    "Courts may, within their sound discretion, deny cross-examination if the evidence
    sought is vague, argumentative, or speculative." State v. Darden, 
    145 Wash. 2d 612
    , 620-
    21,41 P.3d 1189 (2002).
    Courts apply a three-part test to determine whether a court violated a defendant's
    right to confrontation by limiting the scope of cross-examination:
    "First, the evidence must be of at least minimal relevance. Second, if
    relevant, the burden is on the State to show the evidence is so prejudicial
    as to disrupt the fairness of the fact-finding process at trial. Finally, the
    State's interest to exclude prejudicial evidence must be balanced against
    the defendant's need for the information sought, and only if the State's
    interest outweighs the defendant's need can otherwise relevant
    information be withheld."
    
    Lee, 188 Wash. 2d at 488
    (quoting 
    Darden, 145 Wash. 2d at 622
    ).
    "The confrontation right and associated cross-examination are limited by general
    considerations of relevance." 
    Darden, 145 Wash. 2d at 621
    . Generally, evidence is
    relevant to attack a witness' credibility or to show bias or prejudice. 
    Lee, 188 Wash. 2d at 14
    No. 77003-9-1/15
    488. Evidence of specific instances of lying may be relevant to credibility but" 'their
    admission is highly discretionary under ER 608(b).'" 
    Lee, 188 Wash. 2d at 488
    (quoting
    State v. Kunze, 
    97 Wash. App. 832
    , 859, 
    988 P.2d 977
    (1999)). The proponent of ER
    608(b) evidence must have a good faith basis that the misconduct actually occurred.
    See State v. Russell, 
    125 Wash. 2d 24
    , 84, 882 P.2d 747(1994)(error for prosecutor to
    ask witness whether he killed a cat and dangled it over a bridge where prosecution had
    no valid basis or reason to believe "this had happened"); State v. Johnson, 
    90 Wash. App. 54
    , 71, 
    950 P.2d 981
    (1998)("The cross-examiner must have a good faith basis for the
    inquiry.").
    We review the trial court's decision to limit the scope of cross-examination under
    ER 608(b)for abuse of discretion. 
    Lee, 188 Wash. 2d at 486
    . A trial court abuses its
    discretion when its decision is "'manifestly unreasonable or based upon untenable
    grounds or reasons.'" State v. Garcia, 
    179 Wash. 2d 828
    , 844, 318 P.3d 266(2014)6
    (quoting State v. Lamb, 
    175 Wash. 2d 121
    , 127, 
    285 P.3d 27
    (2012)).
    The defense sought to admit evidence that Officer Loux made a false statement
    to a supervisor. Martin argued the pending OPA investigation about whether Officer
    Loux "had made a false statement to a supervisor" is "germane to his credibility as a
    witness." Defense counsel argued the "foundation for my belief" that the underlying
    misconduct occurred is that the State is "providing information to me as they believe
    they are required to do under Brady." The prosecutor argued the information the State
    provided "are purely allegations" and "Where has been no finding by any investigative
    6   Internal quotation marks omitted.
    15
    No. 77003-9-1/16
    body that it. . . happened." The State argued defense counsel "cannot make any kind
    of a showing that a lie, or any kind of a false statement, in fact, took place."
    Martin contends the court abused its discretion by limiting cross-examination of
    Officer Loux without weighing the probative value of the evidence. The record does not
    support his argument. The court found that the evidence of a pending investigation that
    Officer Loux made a false statement is "clearly relevant under ER-608(b)," but "the
    question is the prejudice." The court ruled that under ER 608(b), defense counsel could
    ask about an "incident involving dishonesty or veracity" on cross-examination only if
    "counsel has a good-faith belie[f] in basically the truth of the allegation." The court
    found that although there is a good-faith belief "that there is an investigation going on
    about Officer Loux's truthfulness in a particular incident," defense counsel did not
    demonstrate a "good-faith belief that he did, in fact, falsify information when he made
    the report." We conclude the court did not abuse its discretion in ruling under ER 608(b)
    the defense could not cross-examine Officer Loux about the pending OPA investigation.
    In any event, exclusion of the impeachment evidence was harmless.
    Confrontation clause violations are subject to a harmless error analysis. State v.
    Beadle, 
    173 Wash. 2d 97
    , 119, 265 P.3d 863(2011). A constitutional error is harmless if
    "'the untainted evidence is so overwhelming that it necessarily leads to a finding of the
    defendant's guilt.'" 
    Beadle, 173 Wash. 2d at 119
    (quoting State v. Koslowski, 
    166 Wash. 2d 409
    , 431, 
    209 P.3d 479
    (2009)). Here, the unchallenged findings establish the
    untainted evidence establishes Martin is guilty of willfully obstructing Officer Cloninger in
    the discharge of his duty as a law enforcement officer.
    16
    No. 77003-9-1/17
    We affirm the conviction of obstruction of a law enforcement officer.
    WE CONCUR:
    95.sl.til\f-a.e,, y'
    17