BLACKWELL, Justice.
Appellant Derrick Yancey was tried by a DeKalb County jury and convicted of the
1. Viewed in the light most favorable to the verdict, the evidence shows that Appellant and Ms. Yancey were having marital problems in early 2008, and Appellant had been talking about a divorce. On June 8, Appellant — who was employed as a DeKalb County deputy sheriff — called and informed his supervisor that he would not be available to work on the following day because "he had something to do." On the morning of June 9, Appellant went to a place where day laborers frequently gathered to seek employment, and he hired Puluc — a native of Guatemala who spoke no English and had been in the United States for only about a month — to do some work at the home that Appellant and Ms. Yancey shared.
Appellant brought Puluc to the home, where he worked in the yard for most of the morning. Around lunchtime, Appellant offered some food to Puluc, and according to Appellant, he left Puluc alone in the kitchen to eat lunch. Ms. Yancey had been away from the home in the morning, but she returned shortly after noon, and around that time, Appellant asked Puluc to mow the lawn.
Police officers arrived at the home within ten minutes of the 911 call, and when they arrived, they observed Appellant in his driveway, holding his service weapon, a Heckler & Koch semiautomatic handgun. When the officers went to the basement of the home, they found Ms. Yancey and Puluc, both dead. Ms. Yancey had sustained a contact gunshot wound to her left breast, another gunshot wound to her left breast as a result of a shot fired at close range, and a contact gunshot wound to her neck. All the wounds to Ms.
Paramedics arrived soon after the police officers, and Appellant spoke with one of the paramedics. Appellant explained that he had hired Puluc to move furniture.
Later that day, Appellant voluntarily went to a police station to give a statement to investigating officers. At the time he did so, Appellant was not in custody, he was permitted to come and go as he pleased, and he had unlimited access to a telephone. Appellant told officers, among other things, that Puluc and Ms. Yancey had struggled over the money, that Puluc shot Ms. Yancey in the course of the struggle, and that Puluc successfully wrested the money from Ms. Yancey. Appellant also said that he kept his S & W revolver on top of the refrigerator, and Puluc must have taken it, Appellant surmised, when he was left alone in the kitchen to eat lunch.
Forensic analyses of the crime scene and physical evidence indicated that Ms. Yancey and Puluc could not have been killed in the way that Appellant had described. For instance, although Ms. Yancey suffered two contact gunshot wounds and a third wound from a gunshot fired at close range — all supposedly as a result of Puluc shooting Ms. Yancey as they struggled for the money — her blood spatter was found not on Puluc, but instead on Appellant. The money that Puluc supposedly had taken from Ms. Yancey was found not by his body, but near hers, about ten feet away from Puluc. Puluc was right-handed, but the revolver was found not to his right, but to his left. And although Appellant had claimed to the 911 operator that he administered CPR to Ms. Yancey, CPR had not, in fact, been performed.
In addition to this evidence, the record shows that after Appellant was arrested for the murders of Ms. Yancey and Puluc, he was released on bond and confined to his home, the confinement to be monitored with an ankle monitor. Appellant, however, removed the monitor and fled to Belize. He later was apprehended in Belize and returned to the United States for trial. Although Appellant does not dispute that the evidence is sufficient to sustain his convictions, we have reviewed the entire record, and we conclude that the evidence adduced at trial was sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Appellant was guilty of the crimes of which he was convicted. Jackson v. Virginia, 443 U.S. 307, 319(III)(B), 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). See also Poole v. State, 291 Ga. 848, 850(1), 734 S.E.2d 1 (2012).
Appellant failed to object at trial, however, on the first, third, and fourth occasions of the testimony about which he now complains. And although Appellant did object on the second occasion, he objected on a different ground than the one he urges on appeal. On the second occasion, after the officer said that "Mr. Yancey was asked to help us by mapping out or drawing a diagram for —," Appellant moved for a mistrial on the ground that the testimony amounted to a comment upon his request to consult a lawyer, noting at a sidebar conference that Appellant refused to draw the diagram at the "moment he asked for an attorney." The trial court denied the motion, finding that the testimony "[had] not gone into Mr. Yancey's request for an attorney." On appeal, Appellant no longer contends that the testimony given on the second occasion amounted to an impermissible comment on his request for a lawyer, but he instead argues that it amounted to a comment on his silence with respect to drawing a diagram. In these circumstances, Appellant has failed to preserve the claim of error that he asserts on appeal as to the testimony on the first, third, and fourth occasions, and it is doubtful that he has preserved it as to the testimony on the second occasion. See Sears v. State, 292 Ga. 64, 67(3), 734 S.E.2d 345 (2012); Wallace v. State, 272 Ga. 501, 503(2), 530 S.E.2d 721 (2000); Klinect v. State, 269 Ga. 570, 574(6), 501 S.E.2d 810 (1998).
Even assuming, however, that Appellant adequately preserved his claim of error, we would find no reversible error in the trial court permitting testimony about his failure to draw a diagram. A comment upon the invocation of the right to remain silent in the course of a custodial interview, and after the reading of the Miranda warnings,
In this case, Appellant did not remain silent, nor did he fail to come forward. To the contrary, Appellant voluntarily went to a police station, he voluntarily made a statement
3. Appellant also claims that the prosecuting attorney improperly referenced his failure to draw a diagram in closing argument, but Appellant failed to object to the closing argument, so this claim is not preserved for review. Doyle v. State, 291 Ga. 729, 732(2), 733 S.E.2d 290 (2012). In any event, because evidence about the failure to draw a diagram properly was admitted, it was not improper for the prosecuting attorney to reference that evidence in closing. See Mikell v. State, 286 Ga. 434, 438(5), 689 S.E.2d 286 (2010) (references in closing argument to evidence of defendant's failure to come forward were not improper because the references were "derived from evidence properly before the factfinder" (citation omitted)), overruled on other grounds, Manley v. State, 287 Ga. 338, 345(3), 698 S.E.2d 301 (2010). In addition, Appellant complains that, in connection with the references to his failure to draw a diagram, the prosecuting attorney attributed statements to him that he did not make, arguing that Appellant said, "I got to go ... I'm not helping you," when asked by officers to draw a diagram. Again, Appellant failed to object, and this claim is not preserved for review. Even if he had objected, however, a lawyer has wide latitude in closing argument to remark upon the evidence that has been adduced at trial, Banks v. State, 281 Ga. 678, 682(4), 642 S.E.2d 679 (2007), and he "may draw reasonable inferences or deductions from the evidence." Messick v. State, 276 Ga. 528, 529(2), 580 S.E.2d 213 (2003) (footnote omitted). The words that the prosecuting attorney attributed to Appellant were, we think, an arguably fair statement of what Appellant effectively communicated to the officers by his leaving the police station, and if a timely objection had been made, it would have been within the discretion of the trial judge to overrule it.
4. Appellant contends that he was denied the effective assistance of counsel when his lawyers did not object or raise the proper objection to the testimony and arguments discussed in Divisions 2 and 3 above. To prevail on a claim of ineffective assistance, Appellant must prove both that the performance of his lawyers was deficient and that he was prejudiced by this deficient performance. Strickland v. Washington, 466 U.S. 668, 687(III), 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). To show that the performance of his lawyers was deficient, Appellant must prove that they performed their duties at trial in an
5. Last, Appellant claims that the trial court erred when it refused to hear certain expert testimony at the hearing on his motion for new trial, testimony that concerned, he contends, his claim that his trial lawyers also were ineffective because they failed to adequately limit the trial testimony of a prosecution expert. Before trial, Appellant moved to suppress the testimony of Cecil Hutchins, a blood spatter expert for the State, arguing that Hutchins had made a warrantless entry into Appellant's home to inspect it, and for that reason, his testimony ought to be disallowed. The State conceded the unlawful entry, and the prosecuting attorney agreed that the State would not elicit testimony from Hutchins based on things that he learned as a result of the unlawful entry. With this agreement, the trial court ruled that Hutchins still could testify at trial, so long as he limited his testimony to things that he learned through other, lawful means, and Hutchins eventually did testify at trial that the crimes did not occur as claimed by Appellant. In his motion for new trial, Appellant claimed that Hutchins testified in violation of the pretrial agreement and ruling in limine, but his trial lawyers did not object to this testimony, which amounted, he said, to ineffective assistance.
At the hearing on the motion for new trial, the court heard from the lawyers who represented Appellant at trial, and they testified that they consulted an independent expert who "wrote the book" on blood spatter evidence.
Instead, Appellant complains that the trial court at the hearing on the motion for new trial did not also hear from a "new" expert witness that Appellant found and engaged after his trial, an expert who evidently would have testified that the opinion testimony of Hutchins must have been based, at least in part, on his unlawful entry. Although his argument on this claim of error is somewhat confusing, we understand Appellant to argue that the testimony of the new expert was relevant to show that Appellant was prejudiced by the failure of his lawyers to object when Hutchins testified at trial. But there is no need for a trial court to hear evidence on prejudice in connection with an ineffective assistance claim when the claim fails necessarily because the defendant cannot show deficient performance. And the testimony of the new expert could not show deficient performance because the trial lawyers consulted with a qualified expert, their consultations gave them no basis for objecting to the conclusion reached by Hutchins, and they were under no obligation to search further than
Judgment affirmed.
All the Justices concur.