New Jersey v. Sowell

Bonita Pitt visited inmate defendant Ralph Sowell in a prison area monitored by security cameras. Sergeant Salvatore D'Amico of the Department of Corrections (DOC) observed Pitt and defendant lean forward. Defendant appeared to kiss Pitt on the cheek. She lifted her shirt slightly, reached into her left front pocket, took out an item, and placed it in defendant's hand. D'Amico then saw defendant lean back and place the item into a bag of potato chips. D'Amico immediately radioed an officer to seize defendant and the bag of chips. When the officer approached defendant, D'Amico, still monitoring the security cameras, saw defendant place the bag of chips under the seat next to him, and an officer recover the bag of chips. D'Amico emptied the contents of the bag of chips, which contained a balloon with thirty envelopes of heroin inside it. After waiving his Miranda rights, defendant admitted to a DOC investigator that he received drugs during the visit. Defendant was charged with drug offenses. At trial, D'Amico testified as to his observations, and the State played the videotape recording of the entire incident. A DOC investigator was accepted as the State's expert in "narcotics investigation." During testimony, the expert opined that "an exchange of narcotics took place." The issue on appeal before the Supreme Court centered on whether the State properly elicited expert testimony in response to a hypothetical question that in this case, "an exchange of narcotics took place." Upon review, the Court concluded that the expert's opinion was improper because it related to a straightforward factual allegation that was not beyond the understanding of an average juror and because the expert referred to facts not contained in the hypothetical. The Court affirmed defendant's conviction however, concluding that under the plain error standard, there was overwhelming evidence in the record of his quilt. View "New Jersey v. Sowell" on Justia Law