HINES, Justice.
Lori Ann Goodman appeals her convictions and sentences for malice murder and theft by taking in connection with the death of Debra Dressler. For the reasons that follow, we affirm.
The three women fled in Dressler's vehicle; they acquired beer and crack cocaine. They traveled south, and during the journey, Richardson and Goodman became aggravated by Dressler's behavior; at one point, Dressler was to have sex with a truck driver in exchange for money, but came back from the truck driver's vehicle with only hamburgers from a fast food restaurant. At a motel in South Carolina, Goodman said to Richardson: "we need to get rid of her." Goodman and Richardson recognized that if they merely left Dressler somewhere, she could connect them to the killing of Dressler's husband, and Dressler told them she would do that if left. Goodman and Richardson resolved to kill Dressler by poisoning her with prescription pills, aspirin, and alcohol; they agreed to work in concert on the theory that neither could then implicate the other. Richardson placed pills in Goodman's hand, who put them in a large bottle containing a cocktail and gave it to Dressler, who drank it. As Richardson drove along an interstate highway, Goodman repeatedly queried why Dressler had not fallen asleep. In Morgan County, Georgia, Richardson exited the highway and drove the vehicle next to a dumpster. Richardson and Goodman looked at each other, and Goodman, seated behind Dressler, removed her belt and began to choke Dressler with it; Richardson tried to put a ball of yarn over Dressler's mouth and nose and then put a pillow over Dressler's face. Dressler struggled and inquired why Goodman and Richardson were doing this; Richardson told her that she was "no good to us." After some minutes, the two women became tired and stopped; they could not determine if Dressler still lived. After resting, Goodman again choked Dressler, this time with a bandana, and Richardson again placed a pillow over Dressler's face. Richardson removed Dressler from the car and Goodman retrieved a pair of 24-inch bolt cutters from the trunk; Goodman struck Dressler three times on the head with the bolt cutters, and Richardson took them and did the same. Goodman covered Dressler with a blanket, and the two women drove away in Dressler's car. Goodman and Richardson were apprehended in Louisiana.
Richardson pled guilty to voluntary manslaughter and testified at Goodman's trial. Forensic evidence showed that Dressler died of ligature strangulation.
1. The evidence authorized the jury to find Goodman guilty beyond a reasonable doubt of the crimes for which she was convicted. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. At the time of trial, the Morgan County Courthouse was under renovation, so Goodman's trial could not be held there; it was held at the former Morgan County Senior Center. OCGA § 15-6-18, as in effect at the time of trial, and specifically OCGA § 15-6-18(c)(1),
Holding the trial at a location other than the county courthouse without Goodman's consent violated then OCGA § 15-6-18(c)(1). Purvis v. State, 288 Ga. 865, 869-870(2), 708 S.E.2d 283 (2011). The mere absence of objection is insufficient to show proper compliance with then OCGA § 15-6-18(c)(1); "an accused's consent to having his or her criminal jury trial conducted in an alternate or additional facility must be established by the record." Id. at 870 (fn. 9), 708 S.E.2d 283. Although it was error to conduct the trial without securing Goodman's consent, that alone does not require reversal of the judgment below. "In order to have reversible error, there must be harm as well as error [Cit.]" Inman v. State, 281 Ga. 67, 73(5), 635 S.E.2d 125 (2006). And, Goodman fails to allege harm, or attempt to support a finding of such by evidence. Accordingly, the failure to comply with then OCGA § 15-6-18(c)(1) does not constitute reversible error. This Court's opinion in Purvis, supra, does not require a different conclusion. In Division 1 of that opinion, this Court determined that the defendant's right to a public trial had
3. A police detective from Virginia testified regarding the murder of Dressler's husband, and the State elicited testimony that Dressler, Robinson, and Goodman were suspected of having committed that crime. Goodman argues that this introduced evidence of a connected transaction without compliance with the notice and hearing requirements of Uniform Superior Court Rules ("USCR") 31.1 & 31.3. First, Goodman did not make any objection on such grounds at trial, and has waived review of the failure to comply with USCR 31.1 & 31.3. Anderson v. State, 286 Ga. 57, 58(3), 685 S.E.2d 716 (2009).
Second, even though the notice requirements of USCR 31.1 & 31.3 were not met,
Lindsey v. State, 282 Ga. 447, 451(3), 651 S.E.2d 66 (2007). The State asserted that the independent crime against Dressler's husband, and Goodman's fear of being held culpable for it, provided her motive for killing Dressler. See Young v. State, 281 Ga. 750, 751-752, 642 S.E.2d 806 (2007). "As the evidence complained of was evidence of [Goodman]'s motive, notice and a hearing under USCR 31.1 and 31.3 were not necessary." Cummings v. State, 273 Ga. 547, 548(2), 544 S.E.2d 429 (2001). Nor does the fact that Goodman was characterized as a "suspect" render the evidence inadmissible. "`Evidence of the defendant's motive is relevant, even though it may incidentally place the defendant's character in evidence....' [Cit.]" Fulton v. State, 278 Ga. 58, 60(3), 597 S.E.2d 396 (2004).
Goodman also notes that the State was allowed to ask Richardson whether she had "made statements in the past" regarding Goodman's involvement in the murder of Dressler's husband. Goodman objected and, after discussion, the court instructed the jury on the law regarding similar or connected offenses and transactions; the original question was never answered. Although Goodman asserts that the question itself created a negative impression in the jury's eyes regarding her character, Goodman did not request that the jury be instructed to disregard the question.
4. Crosby, a crime scene specialist with the Georgia Bureau of Investigation, testified that DNA from yarn found on Dressler's body matched Dressler, but that no other match was made. Goodman now contends it was error to allow such evidence as Crosby had not been qualified as an expert witness in this area and testified as to matters outside his knowledge. However, no such objections were raised below, and Goodman has waived review of this asserted error. See Wesley v. State, 286 Ga. 355, 355-356(1), 689 S.E.2d 280
5. Goodman contends that Richardson was improperly allowed to testify regarding Goodman's exercise of her right to a jury trial, and to comment on the ultimate issue of guilt, when Richardson said that Goodman should "admit her guilt" and accept the consequences, as Richardson testified she had done. Goodman did not raise any objection at trial, and therefore cannot raise the issue on appeal. Huntley v. State, 271 Ga. 227, 230(5), 518 S.E.2d 890 (1999).
6. Fowler, who shared a jail cell with Goodman after her arrest, testified that Goodman told her that: while in the car, Goodman choked Dressler from behind, with Richardson's assistance; hit Dressler over the head with the bolt cutters; and left her body where it was later found. Fowler also testified that, although Goodman told her this is what occurred, Goodman also said that she needed to concoct a different version of events to avoid the consequences of the murder, and that Goodman resolved to claim that: when Dressler's husband was killed, Goodman did not enter the house; when Dressler was killed, Goodman was under the influence of drugs and alcohol, and was traumatized; and that Goodman had merely done what Richardson told her to do. Fowler also testified that, one night, Goodman cried out as though having a nightmare, and then laughed; Goodman told Fowler that she was not, in fact, having a nightmare, but faking one, and wanted to put it "on the record" that she was having nightmares in the aftermath of the killings.
Goodman contends that Fowler was improperly allowed to testify as to the ultimate issue and relate to the jury what the "truth" was. To the extent that this enumeration of error was preserved for appellate review, Fowler recounted which version of events Goodman herself said was the truth, the jury would have properly understood that context, see Wesley, supra at (3)(c), and it was not improper for Fowler to repeat Goodman's characterization. See McCoy v. State, 273 Ga. 568, 571(6), 544 S.E.2d 709 (2001).
7. Dressler's daughter testified that Dressler had a brain aneurism and surgery in 2001 that changed her personality and made her gullible and forgetful. Although Goodman contends this evidence was irrelevant and presented only to elicit the jury's sympathy for the victim, the evidence was relevant to Goodman's motive, namely that, in part due to Dressler's mental capacity, Goodman feared that Dressler might implicate her in the murder of Dressler's husband. See Lindsey, supra; Young, supra; Fulton, supra.
8. Goodman asserts that, during closing argument, the prosecutor made comments reflecting his personal belief in the credibility of certain witnesses.
9. Finally, Goodman contends that her trial counsel failed to provide effective representation in several respects. In order to prevail on this claim, she must show both that counsel's performance was deficient, and that the deficient performance was prejudicial to her defense. Smith v. Francis, 253 Ga. 782, 783(1), 325 S.E.2d 362 (1985), citing Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). To meet the first prong of the required test, she must overcome the "strong presumption" that counsel's performance fell within a "wide range of reasonable professional conduct,"
a) Goodman contends that trial counsel should have objected to the State's failure to comply with USCR 31.1 & 31.3. See Division 3, supra. However, as noted above, the evidence of which she complains was nonetheless admissible. Id.
b) During the hearing on the motion for new trial, in response to Goodman's questioning, trial counsel agreed that he had not objected to the testimony of Crosby. See Division 4, supra. However, counsel also testified that Crosby's testimony to which he could have objected was that there was no DNA evidence found at the scene that matched that of Goodman, and thus Crosby's testimony did not harm her. Accordingly, Goodman fails to satisfy either prong of Strickland as to this assertion.
c) Trial counsel raised no objection when Richardson said that Goodman should "admit her guilt," see Division 5, supra, and during the hearing on the motion for new trial, counsel agreed that this was so. However, Goodman "never asked defense counsel to explain why he did not object. Thus, [s]he failed to overcome the strong presumption that the inaction was a strategic decision." Nichols v. State, 281 Ga. 483, 486(2)(c), 640 S.E.2d 40 (2007). See also Sanders v. State, 283 Ga. 372, 374(2)(a), 659 S.E.2d 376 (2008). Further, that Goodman was guilty of murdering Dressler was the substance of Richardson's testimony, and it is unlikely that the statement that she should admit it added any prejudicial import to that testimony, thus Goodman fails to show that the result of her trial would have been different had counsel raised an objection. Felton v. State, 283 Ga. 242, 246-247(2)(d), 657 S.E.2d 850 (2008). See also Davis v. State, 285 Ga. 343, 345-346(4), 676 S.E.2d 215 (2009).
d) Goodman also elicited counsel's agreement that he had not objected when Fowler referred to one of Goodman's versions of events as the "truth." See Division 6, supra. Although Goodman did not specifically ask counsel why he did not object, see Nichols, supra, counsel's response made it clear that he recognized that Fowler's repetition of Goodman's characterization of what was the "truth" would be admissible. See Division 6, supra.
e) At trial, during cross-examination of a detective regarding the various statements Richardson gave to investigators, Goodman's counsel asked whether Richardson initially denied having anything to do with Dressler's death, which elicited an affirmative response. Counsel then asked: "And then — Ms. Goodman never pointed the finger at Ms. Richardson at all, did she?" The witness responded that Goodman made no statement "about that," and counsel asked: "In fact, she didn't give you a statement at all, is that correct?" This also elicited an affirmative response. On redirect examination, the State asked: "You attempted to interview her ... And she refused to give you a statement." Again, the witness replied affirmatively.
During the hearing on the motion for new trial, counsel testified that he wanted to highlight Richardson's behavior of giving multiple versions of events in an effort to point "fingers at everyone else except herself," and juxtapose that with Goodman's behavior, in an effort to support the defense
f) Counsel did not object when the State made clearly improper statements during closing argument. See Division 8, supra. During the hearing on the motion for new trial, he was asked whether that was "just an oversight," and responded: "It's hard to say. I don't want to offer an explanation because I don't remember it at all." But, even assuming that Goodman has met her burden to show deficient performance, she fails to show that counsel's failure to object to the argument prejudiced her such that raising an objection would have produced a different result. The jury was instructed that the credibility of witnesses was for the jury to decide and, before closing arguments, the court instructed the jury that counsels' arguments were not evidence. See Long v. State, 287 Ga. 886, 891(4), 700 S.E.2d 399 (2010). Accordingly, we conclude that there is no reasonable probability that the result of the trial would have been different had counsel interposed an objection. Id.
Judgments affirmed.
All the Justices concur, except HUNSTEIN, C.J., who concurs in part and dissents in part.
HUNSTEIN, Chief Justice, concurring in part and dissenting in part.
While I agree that the trial court erred in conducting Goodman's trial at a facility other than the county courthouse, I dissent because the majority improperly places the burden on the defendant to show that she was harmed by the State's failure to obtain her consent. At the time of Goodman's trial, state law required the consent of the accused before a criminal jury trial could occur in a facility other than the courthouse. See Ga. L. 1998, p. 1159, § 2 (current version at OCGA § 15-6-18(c)(1) (2012)). In a previous case, we determined that the consent must be established by the record, rejecting the argument that "the mere absence of any objection by the accused to proceedings conducted in such alternate or additional facilities is sufficient to show compliance" with the statute. Purvis v. State, 288 Ga. 865, 870 n. 9, 708 S.E.2d 283 (2011). Here, neither the trial court nor the prosecutor obtained the consent of Goodman to conduct her trial at the former Morgan County Senior Center. Because the State did not comply with the plain language of the statute requiring Goodman's consent, I dissent to division 2.