In People v. Johnson, the defendant was convicted of DWI. During the People's case-in-chief, a videotape of the defendant's booking was introduced into evidence. On the video, the defendant is seen invoking his rights to remain silent and to counsel. Although a curative instruction was given, it was insufficient to ameliorate prejudice because it only addressed the right to remain silent and not the right to counsel.
In addition, the court found error in the admission of the defendant's emergency room medical record. There were two notations by treating physicians that the defendant was "intoxicated." These should have been redacted because they were not relevant to the medical diagnosis of a broken bone. Thus, they were inadmissible hearsay. Since intoxication was the issue before the jury, the admission was not harmless. (LC)
Comments