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PEOPLE v. BROOKS
People v. Brooks, Docket No. 31222 (Mich. Ct. App. Sep. 19, 1979)
Factual and Procedural Background
Defendant Brooks was convicted by a jury of breaking and entering an occupied dwelling with intent to commit larceny (MCL 750.110; MSA 28.305). On appeal Brooks raised three issues, two of which became moot when a corrected trial transcript was filed. The remaining issue challenged the fairness of Brooks' trial, which had been conducted partially in concert with the trial of codefendant Harold Martin.
Although a motion to consolidate the trials had been made, it became apparent at the start of trial that Martin's defense would incriminate Brooks. After a conference with the prosecutor and both defense counsel, the trial court—citing judicial economy—adopted a "dual jury" procedure: both juries sat together for the prosecutor's opening statement and the prosecution's direct examination of witnesses, but at other times only the jury relevant to the particular case was present. The trial court stated either defendant could request excusal of the jury. No objections to the procedure were made during trial. Brooks now contends the dual procedure denied him a fair trial and deprived him of a separate trial necessitated by Martin's inconsistent defense.
Legal Issues Presented
- Whether the trial court's "dual jury" procedure (simultaneous trials before separate juries) provided Brooks with the same protections he would have enjoyed in a separate trial when his codefendant asserted an inconsistent defense.
- Whether the dual jury procedure comported with the rights and protections guaranteed by the United States Constitution and the Michigan Constitution (including the Sixth Amendment right to a jury trial, due process, confrontation, compulsory process, assistance of counsel, and state constitutional provisions cited).
Arguments of the Parties
Defendant's Arguments
- The dual jury procedure was unacceptable and produced confusion and chaos at trial.
- Brooks was denied a fair trial under the United States and Michigan Constitutions because of the procedure.
- Brooks was deprived of a separate trial that he contends was mandated by Martin's inconsistent defense.
The opinion does not contain a detailed account of the prosecution's specific appellate arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| People v Hurst, 396 Mich. 1, 9; 238 N.W.2d 6 (1976) | Describes the danger in joint trials of defendants presenting inconsistent defenses—that one defendant's attempt to save himself may be at the detriment of the other and may produce a "spectacle" relieving the prosecution of its burden. | The court relied on Hurst to identify the inherent problem in jointly trying Brooks and Martin and used that framework to assess whether the dual jury procedure avoided those pitfalls. |
| United States v Rowan, 518 F.2d 685 (CA 6, 1975), cert den 423 U.S. 949; 96 S Ct 368; 46 L Ed 2d 284 (1975) | Illustrates that dual juries have been used in the federal system. | The court cited Rowan as authority showing prior use of dual jury procedures in federal practice to support the acceptability of the procedure used in this case. |
| United States v Sidman, 470 F.2d 1158 (CA 9, 1972), cert den 409 U.S. 1127; 93 S Ct 948; 35 L Ed 2d 260 (1973) | Another federal example of dual jury usage; Ninth Circuit opinion that adopted reasoning about novel procedures facilitating proper fact-finding. | The court noted Sidman as additional federal precedent for dual juries and referenced the Ninth Circuit's adoption of the perspective favoring fair new procedures. |
| Byrne v Matczak, 254 F.2d 525, 529 (CA 3, 1958), cert den 358 U.S. 816; 79 S Ct 24; 3 L Ed 2d 58 (1958) | Articulates that "fair 'new procedures which tend to facilitate proper fact finding, are allowable, although not traditional'." | The court quoted Byrne (and noted its adoption by the Ninth Circuit in Sidman) to support the proposition that nontraditional but fair procedures that aid fact-finding are permissible. |
Court's Reasoning and Analysis
The court began by recognizing the problem identified in People v Hurst: when defendants with inconsistent defenses are tried together, one may attempt to exculpate himself at the expense of the other, potentially reducing the prosecution's burden. Confronted with this problem, the trial court implemented a "dual jury" solution—simultaneous trials before separate juries—so that each jury would hear only the evidence relevant to its defendant except for opening statements and the prosecution's direct examinations.
The court analyzed whether this procedure provided the same protections as a separate trial. It concluded that the Brooks jury heard none of Martin's evidence, so Brooks could not have been convicted by the efforts of Martin; the Brooks jury's verdict therefore could only be based on the prosecution's evidence and Brooks' defense.
The court next addressed constitutional concerns by citing the relevant provisions (US Const, Art. III; US Const, Am. VI; US Const, Am. V; Const 1963, art 1, §§ 14 and 17). The court found that the rights guaranteed—trial by jury, speedy and public trial, impartial jury, confrontation, compulsory process, assistance of counsel, and due process—had been provided under the dual jury trial.
The court considered the specific complaints Brooks raised about the dual jury format—(1) "traffic jams" in the courtroom, (2) seating of one jury outside the jury box, and (3) juries' ability to observe each other—and found none significant. The court observed there was no indication of rowdiness or breach of decorum during the traffic incidents and noted the trial judge's observation that "things have gone quite smoothly." The court also noted (in a footnote) that while the procedure imposes an added burden on court reporters to keep separate records, that difficulty does not outweigh the advantages and does not affect trial fairness.
Based on these considerations and on federal cases demonstrating prior use of dual juries, the court concluded the dual jury procedure used in this case avoided the pitfalls of joint trials of defendants with inconsistent defenses and afforded Brooks a fair trial.
Holding and Implications
Holding: The court affirmed Brooks' conviction.
Implications: The direct effect is that Brooks' conviction for breaking and entering an occupied dwelling with intent to commit larceny is affirmed. The court approved the use of a dual jury procedure in these circumstances as having provided the defendant with the requisite constitutional protections. The opinion does not purport to set a sweeping new rule beyond approving the dual jury procedure in the circumstances presented; no broader legal consequences were elaborated in the opinion.
R.B. BURNS, J.
Defendant was convicted by a jury of breaking and entering an occupied dwelling with intent to commit larceny therein. MCL 750.110; MSA 28.305. He appeals raising three issues, two of which became moot when a corrected transcript of the trial was filed. The third puts in issue the fairness of the defendant's trial which was partially held in concert with the trial of his codefendant, Harold Martin.
A motion to consolidate the trials of defendant Brooks and Martin had been made, but at the beginning of trial it became apparent that Martin's defense would incriminate defendant Brooks. After a conference with the prosecutor and both defense counsel, the trial court decided that in the interest of judicial economy the cases would be tried in part together with separate juries. Upon the suggestion of counsel a procedure was arrived at in which both juries would be present for the prosecutor's opening statement and the prosecutor's direct examination of witnesses. At all other times only one jury would be present, each hearing the matters relevant to its own case. The trial court stated that the jury would be excused at the request of either defendant. No objections were made to this procedure during the dual trials.
During his instructions, the trial court commented on the success of the procedure:
"Things have gone quite smoothly. This is sort of a new procedure that we have followed here. It has helped the Court assisted the Court in that where it has taken us four days, we have been able to handle it in a little over two days. It is because of the cooperation of Counsel, parties in the case, and, of course the Juries. We have had, I guess, a couple of times, traffic jams going in and out of the Courtroom but these are very, very serious proceedings and are important both to the People and to the Defendant."
Defendant now asserts that the dual trial procedure was totally unacceptable and resulted in confusion and chaos. Defendant claims that he was denied a fair trial under the United States and Michigan Constitutions and also that he was deprived of a separate trial which was mandated by the inconsistent defense of defendant Martin.
The trial court recognized the problem inherent in jointly trying defendant Brooks and Martin. The trial court's solution to this problem, rather than separate trials, was simultaneous trials before separate juries. The first question which this Court must answer is whether that solution provided defendant with the same protections as he would have enjoyed through a separate trial.
In People v Hurst, 396 Mich. 1, 9; 238 N.W.2d 6 (1976), the Michigan Supreme Court pinpointed the difficulty which arose in a joint trial of defendants who presented inconsistent defenses: "By insisting on a joint trial, the state succeeded in pitting one defendant against the other, each trying to save himself at the detriment of the other." The Court noted that such a situation may produce a "spectacle" in which the prosecution is relieved of carrying its burden of proof by the attempt of a defendant to clear himself at the expense of his codefendant. Id., 7.
This Court believes that the dual jury procedure used in this case successfully avoided convicting one defendant through the efforts of the other. The Brooks jury heard none of the evidence presented by defendant Martin. Their verdict could only have been based on the evidence presented by the prosecution and in defendant Brooks' defense.
Having found that the dual jury procedure avoided the pitfalls inherent in a joint trial of defendant Brooks and Martin, the Court must next determine if defendant was afforded a trial which comports with the rights and protections of the United States and Michigan Constitutions.
US Const, Art III, § 2(3) provides: "The Trial of all Crimes * * * shall be by Jury."
US Const, Am VI, provides:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury * * * and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defence."
Const 1963, art 1, § 14, provides: "The right of trial by jury shall remain."
And in the course of trial no person shall be "deprived of life, liberty, or property, without due process of law". US Const, Am V. Const 1963, art 1, § 17.
Each of the rights guaranteed to defendant have been provided by the dual jury trial. Defendant's challenge of the dual jury rests upon three events, none of which appear to the Court to be significant. They are "traffic jams" in the courtroom, the seating of one of the juries outside the jury box, and the ability of the juries to observe each other. Certainly there is nothing sacrosanct in the placement of the jury in the jury box and in all trials individual jurors are able to observe the other jurors with whom they sit. Finally, there is no indication that any rowdiness or breach of decorum accompanied the complained-of traffic jam. In fact, the trial court had commented that "[t]hings have gone quite smoothly".
In approving the dual jury procedure, the Court briefly notes that dual juries have been used in the Federal system. United States v Rowan, 518 F.2d 685 (CA 6, 1975), cert den 423 U.S. 949; 96 S Ct 368; 46 L Ed 2d 284 (1975), and United States v Sidman, 470 F.2d 1158 (CA 9, 1972), cert den 409 U.S. 1127; 93 S Ct 948; 35 L Ed 2d 260 (1973). We note, in particular, the statement of the Third Circuit in Byrne v Matczak, 254 F.2d 525, 529 (CA 3, 1958), cert den 358 U.S. 816; 79 S Ct 24; 3 L Ed 2d 58 (1958), adopted by the Ninth Circuit in Sidman, at 1168, that "fair `new procedures which tend to facilitate proper fact finding, are allowable, although not traditional'".
Finding that defendant was afforded a fair trial, we affirm his conviction.
It is obvious that the dual jury procedure will impose upon the good natures and skills of the court reporters upon whom will fall the duty of keeping separate records of the proceedings. The Court believes that this does not outweigh the advantages gained and that this difficulty does not affect the fairness of the trial.
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