SCOTT OLSEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2001-02-02
No. 5D00-940
COBB and PALMER, JJ., concur.
778 So. 2d 422 Florida District Court of Appeal, Fifth District (2001) Caution
Cited by 11 cases

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Synopsis

Scott Olsen appeals his conviction for robbery with a firearm, claiming the trial court erred by allowing a police officer to testify that she believed the alleged victim's account of being robbed at gunpoint. The appellate court agreed, finding the officer's credibility assessment constituted improper bolstering of the victim's testimony and reversed the conviction.


Holding

The trial court erred by allowing the police officer's testimony regarding her belief in the victim's credibility. The officer's testimony constituted an improper comment on the reliability of the alleged victim's version of the facts and was especially harmful given the weight afforded police officer testimony. The conviction is vacated and the case is remanded for a new trial.


Headnotes

[1] A police officer's testimony that the officer believes the alleged victim's account of a crime constitutes an improper comment on the reliability of the victim's testimon…

[2] Allowing a police officer to testify that the officer believes the alleged victim's version of events is harmful error when the victim's credibility is crucial to the cas…

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Key Quotes

“The conviction was tainted during the prosecutor's questioning of the police officer who arrived at the Winn-Dixie shortly after the crime was reported.”

Establishes that the prosecutor's improper line of questioning fundamentally compromised the trial.

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Facts & Procedural History

Olsen admitted to being involved in an illegal taking of cash from a Winn-Dixie store but claimed he had no weapon and that the store manager, the onl…

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Opinion of the Court
PETERSON, J.

PETERSON, J.

Scott Olsen appeals his conviction for robbery with a firearm.1 He claims that the trial court erred by allowing a police officer to testify that she believed the alleged victim when he said that he had been robbed at gunpoint. We agree and vacate the judgment of conviction.

Olsen admits that he was involved in the illegal taking of cash from an Ocala Winn-Dixie food store, but defends the charge of robbery by claiming that he had no weapon on the night of the theft. He also asserts that the store manager, who claimed that he was held at gunpoint, was actually a party to the illegal taking. The store manager was the only person who testified at trial that a gun was used during the theft.

The defense’s strategy was to focus upon the credibility of the store manager’s version of the robbery and his testimony that he had been robbed by Olsen at gunpoint. For this reason, Olsen contends that the trial court erred by allowing the police officer, who arrived at the store shortly after the crime was reported, to testify that she believed the store manager had been robbed.

Admittedly, Olsen’s defense was weak and the surrounding facts seemed to support the victim’s version of what happened. Nevertheless, the conviction was tainted during the prosecutor’s questioning of the police officer who arrived at the Winn-Dixie shortly after the crime was reported. The prosecutor first attempted to qualify the officer as an expert who had the ability to evaluate the veracity of crime victims and then asked the officer whether she believed the store manager’s version of the facts. Defense counsel objected and attempted to educate the prosecutor on this subject; however, the prosecutor was bent on pursuing this improper line of questioning. The trial court erred by allowing the prosecutor and the officer to continue.

The jury subsequently found Olsen guilty of robbery with a firearm. We find that the police officer’s testimony was an improper comment on the reliability of the alleged victim’s version of the facts and that the trial court’s failure to sustain the defense’s objection to the police officer’s testimony constitutes harmful error. See Johnson v. State, 682 So. 2d 215 (Fla. 5th DCA 1996) (allowing State to elicit defense witness’ opinion as to credibility of victim was reversible error in light of fact that victim was State’s principal witness such that victim’s credibility was of crucial importance to case). Furthermore, it is considered especially harmful for a police officer to give his or her opinion of a witness’ credibility because of the great weight afforded an officer’s testimony. See, e.g., Page v. State, 783 So. 2d 1079 (Fla. 4th DCA 1999) (police officer’s testimony that informant was “trustworthy and reliable” was improper bolstering of witness, and constituted reversible error in prosecution for delivery of cocaine, where informant was only witness called to testify as to drug transaction that allegedly took place inside the car); see also Williams v. State, 619 So. 2d 1044 (Fla. 4th DCA 1993) (after inconsistencies between victim’s testimony and statement to police at time of crime were introduced by defendant, deputy’s testimony that it was not uncommon for victims to remember additional details subsequent to the first report was an improper comment on the reliability of the victim’s testimony); Boatwright v. State, 452 So. 2d 666 (Fla. 4th DCA 1984) (portion of prosecutor’s cross-examination in which he asked witness whether earlier witnesses had been lying was improper since, absent some evidence showing that witness was privy to thought processes of other witnesses, witness was not competent to pass on their states of mind).

Because the officer’s testimony was an improper comment on the reliability of the alleged victim’s version of the facts that he had been robbed at gunpoint, Olsen’s conviction for robbery with a firearm is vacated and the matter is remanded for a new trial. We find no other errors. JUDGMENT VACATED; REMANDED FOR NEW TRIAL.

COBB and PALMER, JJ., concur. . Fla. Stat. § 812.13(2)(a) (1997).


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Citator

Cited By

  • Seibert v. State, 923 So. 2d 460 (Fla. 2006)
    …f the cases cited by Seibert. See, e.g., Lee v. State, 873 So. 2d 582, 583 (Fla. 3d DCA 2004) (“The defense objected to the introduction of this testimony and moved to strike the testimony. The trial court overruled the objection.”); Olsen v. State, 778 So. 2d 422, 423 (Fla. 5th DCA 2001) (“Defense counsel objected and attempted to educate the prosecutor on this subject; however, the prosecutor was bent on pursuing this improper line of question [*473] ing. The trial court erred by allowing the prosecutor and…
  • Alwin C. Tumblin v. State, 29 So. 3d 1093 (Fla. 2010)
    …(Fla. 5th DCA 1980); see also Lee v. State, 873 So. 2d 582, [*1102] 583 (Fla. 3d DCA 2004) (holding police officer’s comment that witness was credible and positive in her pretrial lineup identification was error requiring new trial); Olsen v. State, 778 So. 2d 422, 423 (Fla. 5th DCA 2001) (“[I]t is considered especially harmful for a police officer to give his or her opinion of a witness’ credibility because of the great weight afforded an officer’s testimony.”); cf. Perez v. State, 595 So. 2d 1096, 1097 (Fla…
  • LEE v. State, 873 So. 2d 582 (Fla. 3d DCA 2004)
    …th DCA 1980)(stating that “[pjolice officers, by virtue of their positions, rightfully bring with their testimony an air of authority and legitimacy. A jury is inclined to give great weight to their opinions as officers of the law... Olsen v. State, 778 So. 2d 422, 423 (Fla. 5th DCA 2001)(stating that a police officer’s testimony that comments on a witness’ credibility is especially harmful because of the great weight afforded the testimony of a police officer). We therefore reverse and remand for a new tria…

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