Justice INDEGLIA, for the Court.
The defendant, Maria J. Pineda (defendant or Pineda), appeals from her convictions for felony assault with a dangerous weapon, G.L.1956 § 11-5-2, and disorderly conduct, G.L.1956 § 11-45-1. Pineda contends that the trial justice erred when he (1) declined to instruct the jury on self-defense, (2) failed to inform her that she was entitled to individual counsel separate from her codefendant or to inquire into the specific conflicts of interest potentially caused by their joint representation, (3) denied her motions for a judgment of acquittal, and (4) denied her motion for a new trial. After reviewing the record and considering the parties' oral arguments, we affirm the judgment of the Superior Court for the reasons set forth in this opinion.
On or about September 17, 2003, Jose Pineda (Jose),
Jose first arrived at the Rodrigues apartment on September 19, 2003, around 9 in the evening. Souza told Jose that unless he was going to return the tape, he had to leave. Jose obliged. About an hour later, Jose returned to the residence. On this occasion, Jose and Rodrigues argued about the missing tape, and then Jose again left the premises. Rodrigues testified that, as Jose was leaving this time, he threatened her with the warning that "I'm really going to get my sister. She is going to `F' you up." Souza also testified that Jose threatened that he was "going to get [his] sister." Antoine L. Marria (Marria), an acquaintance of Jose's who was with him at the Rodrigues apartment, likewise recalled that Jose said that he was going to get his sister and bring her back to the apartment.
Thereafter, Pineda was awakened by Jose ringing her doorbell. Pineda testified that after she spoke with him briefly about the disagreement that he had with Souza and Rodrigues, Jose left. According to Pineda, because she knew Jose was very
Pineda said that upon her arrival at the Rodrigues apartment, she saw Souza hitting her brother with a bat. Pineda testified that she got out of her car to help Jose, when she was hit from behind and pinned to the ground by a female, later determined to be Rodrigues. Pineda explained that Rodrigues had a "stick * * * object" in her hand, and Rodrigues was attempting to hit her with it. According to Pineda, she gave a few kicks to try to free herself and tried to hold the "stick" back, but could not escape until a man pulled Rodrigues off of her. Souza likewise testified that Pineda and his girlfriend, Rodrigues, were "pulling hair and fist fighting." Marria also testified to a fist fight between the two women. Pineda explained that after she was freed from the tussle she saw the "particular stick," which now looked like a "construction tool" to her, on the ground nearby. Fearing that Rodrigues would retrieve the "construction tool" and hit her with it, Pineda recalled that she picked it up, stowed it in her car, and then drove away.
Rodrigues testified to a different version of the fight. She explained that after Jose had left for the second time, she was walking back toward the apartment when a woman, later determined to be Pineda, struck her in the head with a hammer about "seven times." After receiving the first blows from the hammer, Rodrigues recalled, she "[s]tarted fighting [Pineda] * * * punching her, uppercutting her." In the course of the fight, according to Rodrigues, the hammer was dislodged from Pineda's hands and Jose tried to hand it back to his sister. Rodrigues testified that, once the fracas subsided, she called 9-1-1 and explained that Souza needed medical attention.
After Rodrigues's 9-1-1 call, officers from the Pawtucket Police Department were dispatched to the scene and given a description of Jose's and Pineda's cars. First spotting a gold vehicle as described by the dispatcher, Officer Robert Cardente (Officer Cardente) turned on his police cruiser's lights and attempted to make a stop. The gold vehicle, a Ford Taurus, later confirmed to be Pineda's, did not stop; and at trial, Pineda said that she did not see the police lights. Almost immediately after sighting the Taurus, Officer Cardente saw the other vehicle described in the dispatch and successfully made a traffic stop. Officer Michael Kevin Kane, Jr. (Officer Kane) and other police officers arrived as backup, proceeded with traffic-stop protocol, and then arrested Jose, the driver of this second car. As the police were taking Jose into custody, Pineda drove up in her car, yelling that the police were arresting her brother and that she "work[ed] for a lawyer." Thereafter the police also arrested Pineda and seized a two-headed hammer from her vehicle.
Once the traffic stop of Jose's car was secured, Officer Cardente went to the Rodrigues apartment. He testified that upon his arrival, Rodrigues was hysterical and told him that she had been punched by Pineda, but "didn't mention a hammer." Rodrigues disputed Officer Cardente's recollection,
After the showup, the police brought Rodrigues to the police station, where she gave Det. Napoleon Gonsalves (Det. Gonsalves) a statement of the evening's events.
Rodrigues testified that after her statement was finalized, she again asked to be transported to the hospital and a female officer obliged. While at the hospital, Officer Kane, who had brought Jose to the hospital for medical treatment, approached Rodrigues. He recalled that she told him that "[s]he was hit with a hammer."
Approximately ten days after the incident, on September 29, 2003, Det. Gonsalves picked up Rodrigues at her apartment and brought her to the police station, where she gave a second statement. This statement included Rodrigues's assertion that "[Pineda] struck me about six or seven times in the head."
On March 19, 2004, both Jose and Pineda were charged with assaulting Rodrigues with a dangerous weapon, a hammer (count 1), and disorderly conduct for engaging in fighting, threatening, violent or tumultuous behavior (count 2). At the pretrial hearing on February 24, 2005, Pineda and Jose's shared, private attorney presented the trial justice with a signed
After the state had presented its evidence, Pineda moved for a judgment of acquittal. The trial justice denied her motion, and Pineda proceeded with evidence supporting her defense. At the close of all evidence, Pineda again moved for a judgment of acquittal and asked the trial justice to instruct the jury on self-defense. The trial justice declined both requests, but he agreed to instruct the jury on felony assault (with a dangerous weapon) and the lesser included offense of simple assault (without a dangerous weapon) for count 1, as well as disorderly conduct for count 2. On March 1, 2005, Pineda was convicted of felony assault and disorderly conduct.
On April 12, 2005, the trial justice denied Pineda's new-trial motion, finding that this case "principally revolved around [the] credibility of various witnesses," and that he could not "fault" the jury for "opt[ing] to believe * * * Rodrigues['s] version of the events." The trial justice noted that "there were some discrepancies between [Rodrigues's] trial testimony and statements to the police," but he nonetheless concluded that it was not unreasonable for the jury to "accept[] the essence of her testimony as truthful." He highlighted other evidence that supported Rodrigues's veracity, as well. Specifically, the trial justice explained that the hammer found in Pineda's car, Jose threatening Rodrigues with retaliation from his sister, and Pineda's avoidance of the police that night further persuaded him that the instant jury verdict was "justified."
Pineda's sentencing occurred on July 18, 2005. The trial justice imposed five years, with nine months to serve, the balance suspended, with probation, on count 1, and six months suspended, with probation, on count 2. The sentences were to run concurrently.
On appeal, Pineda contends that the trial justice committed four errors: (1) failure to instruct the jury on self-defense, (2) failure to inform defendant of her right to separate counsel or to inquire into the specifics of potential conflicts of interest caused by joint representation, (3) failure to grant her motions for a judgment of acquittal, and (4) failure to grant her motion for a new trial. We address each issue in turn.
This Court conducts a de novo review of a trial justice's refusal to instruct the jury on self-defense. State v. Butler, 107 R.I. 489, 491, 268 A.2d 433, 434 (1970) (If the trial justice "concludes that the requested instruction is not applicable, the effect of the defendant's exception to such ruling is to require this [C]ourt to independently review the evidence and determine whether the trial justice's concept [on self-defense] was correct."). In so doing, we examine the record in a light most favorable to the defendant. State v. Linde, 876 A.2d 1115, 1130 (R.I.2005) (citing State v. Guillemet, 430 A.2d 1066, 1069 (R.I.1981)). This Court "shall affirm a trial justice's jury instructions when * * * the instructions adequately cover the law and neither reduce nor shift the state's burden of proof." Id. at 1128 (quoting State v. Keiser, 796 A.2d 471, 472 (R.I.2002) (mem.)).
In our jurisdiction, it is well established that a trial justice must present the jury with an instruction on self-defense regardless of how "slight and tenuous the evidence may be on which the self-defense hypothesis is advanced." Linde, 876 A.2d at 1130 (quoting Butler, 107 R.I. at 496, 268 A.2d at 436). This Court has held that "individuals believing that they are in imminent peril of bodily harm can use such nondeadly force as is reasonably necessary in the circumstances to protect themselves." Id. (quoting State v. Martinez, 652 A.2d 958, 961 (R.I.1995)). However, "one may not invoke the doctrine of self-defense if he or she has instigated the combative confrontation." Id. (quoting Martinez, 652 A.2d at 961)). We further acknowledge that it is acceptable to refer to other evidence not specifically elicited from the defendant when examining the record for anything supporting the self-defense theory. Murphy-Bey v. United States, 982 A.2d 682, 690 (D.C.2009) ("[E]vidence [related to a theory of defense] may come from either the prosecution or the defense, or a combination of the two.").
Pineda was charged with assaulting Rodrigues with a dangerous weapon, a hammer. At trial, Pineda did not testify that she wielded a hammer to protect herself. Instead, she stated that after wresting the hammer from Rodrigues, she picked up the "construction tool," and then ran to her car. More importantly, the self-defense hypothesis advanced by Pineda did not contend in the alternative that, if the jury did find that Pineda hit Rodrigues with a hammer, it was done in self-defense. Rather, when arguing for the self-defense jury instruction, Pineda's attorney presented the following theory to the trial justice: "as Pineda was being hit
It is axiomatic that self-defense excuses or justifies an otherwise criminal assault and battery because the actor fears for her own safety and is entitled to use appropriate force to prevent, avoid, or combat an advancing attacker. Linde, 876 A.2d at 1130; Henson v. State, 786 N.E.2d 274, 277 (Ind.2003) ("A valid claim of self-defense is a legal justification for an otherwise criminal act."). By definition, unless the self-defense hypothesis presumes that the defendant actually committed the charged assault, the trial court cannot afford the defendant with the prospect of a not-guilty verdict by reason of justification. State v. Grubb, 111 Ohio App.3d 277, 675 N.E.2d 1353, 1356 (1996) ("Self-defense is not merely a denial or contradiction of evidence offered by the state * * *. Rather, it is an admission of the prohibited conduct coupled with a claim that the surrounding facts or circumstances exempt the accused from liability[, therefore a] 'justification for admitted conduct.'") (quoting State v. Poole, 33 Ohio St.2d 18, 294 N.E.2d 888, 889 (1973)). Essentially, the defendant must assert a hypothesis that encompasses the entirety of the charged crime, and the trial justice must find at least "slight and tenuous" support for that self-defense hypothesis in the record. Linde, 876 A.2d at 1130.
Here, Pineda's proffered hypothesis maintained that she never used the hammer and that her mode of self-defense was kicks and attempts to deflect blows. We certainly agree that this self-defense hypothesis advanced by Pineda has some backing in the presented evidence because the record includes references to Pineda kicking or trying to get Rodrigues off her. However, Pineda was not accused of kicking Rodrigues, a charge that conceivably could have been excused by her self-defense theory. Rather, Pineda was accused of assaulting Rodrigues with a hammer. Even if we assume that she acted in self-defense when she kicked up at Rodrigues, this theory cannot negate the charge: assault with a dangerous weapon, a hammer.
Furthermore, had Pineda actually articulated a correctly framed self-defense hypothesis (that she used the hammer in self-defense), there was not a shred of evidence in the record to undergird the pivotal point of this theory: that the hammer was used in a self-defensive manner. See Dorrough v. State, 812 So.2d 1077, 1081 (Miss.Ct. App.2001) (holding that the defendant was not entitled to a self-defense instruction on the aggravated assault charge because the defendant testified that "he did not have a weapon" and the other witnesses, who testified that the defendant left the scene to retrieve the weapon and then returned to strike his victim, did not provide requisite support that the defendant used the weapon in self-defense). In the instant case, Pineda maintained that she was struck first, kicked and deflected blows to try to free herself, but that she never used the hammer. Rodrigues's testimony asserted that Pineda was the first aggressor, and that Pineda struck her with six or seven hammer blows. The remaining eyewitnesses likewise provide no support that Pineda hammered Rodrigues in self-defense because each recalls a Pineda-Rodrigues fistfight, not a hammer fight. Even cobbling together all of this testimony, our review of the record does not reveal any evidence that Pineda used the hammer in self-defense. See Linde, 876 A.2d at 1130 (requiring that the record contain at least "slight and tenuous" evidence to support the "self-defense hypothesis").
Relying on Adams v. United States, 558 A.2d 348 (D.C.1989), Pineda argues that "the scintilla standard do[es] not require that a defendant testify to having used the charged weapon in order
Beyond this factual distinction, we also note that Adams is not precedent in our jurisdiction and we are not bound to apply its reasoning categorically. In our view, a self-defense instruction is not appropriate for a charge of assault with a dangerous weapon when the record lacks any evidence that the specific, charged dangerous weapon was used in a self-defensive manner. Adopting a precedent commensurate with Adams would permit a defendant to misdirect the jury with self-defense red herrings. We decline to allow such a result. Based on the incongruent self-defense theory proffered by Pineda to the trial justice and the dearth of evidence applicable to a properly articulated theory, we hold that the trial justice did not err when he declined to instruct the jury on self-defense.
On appeal, Pineda presents the constitutional question of whether her
Before proceeding, we note that "this Court has consistently explained that we shall only consider a claim of ineffective assistance of counsel on direct appeal if the claim is `based on specific rulings by the trial justice,' * * * inasmuch as this rule `is consistent with the fundamental principle that only specific rulings of a trial justice are reviewable on direct appeal.'" State v. Page, 709 A.2d 1042, 1046 (R.I. 1998) (quoting State v. Gonsalves, 476 A.2d 108, 112 (R.I. 1984)). Here, because Pineda's challenge to her counsel's effectiveness stems from the trial justice's approval of her signed stipulation that waived any potential conflicts arising from the joint representation, we are satisfied that Pineda's claim is based on a specific, reviewable ruling of the Superior Court. See State v. Laurence, 848 A.2d 238, 241, 252, 253 (R.I.2004) (reviewing, on direct appeal, the effectiveness of counsel based on an examination of whether defendant's waiver of his right to counsel was "voluntary," "knowing and intelligent") (quoting State v. Thornton, 800 A.2d 1016, 1025 (R.I. 2002)).
While acknowledging that the trial justice did engage her in a discussion of the garden variety conflicts of interest potentially caused by joint representation, Pineda contends that the trial justice overlooked actual conflicts in her case and instead relied on her attorney's assurances that joint representation was proper because the attorney did not anticipate any conflicts arising. Pineda maintains that when a trial justice ignores actual conflicts that are known or should have been known, a Sixth Amendment violation results and reversal is merited. We agree with her articulation of Sixth Amendment jurisprudence, but disagree that actual
With respect to the effect of joint representation on a criminal defendant's Sixth Amendment right to the assistance of counsel, the Supreme Court of the United States has held that "[i]n order to demonstrate a violation of his Sixth Amendment rights, a defendant must establish that an actual conflict of interest adversely affected his lawyer's performance." Cuyler v. Sullivan, 446 U.S. 335, 350, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980); Toole v. State, 748 A.2d 806, 807 (R.I.2000) (citing Cuyler, 446 U.S. at 348, 100 S.Ct. 1708). We note that without some indication that an actual conflict exists, there is no affirmative requirement that trial justices must delve sua sponte into the propriety of the attorney-client relationship. Cuyler, 446 U.S. at 346, 347, 100 S.Ct. 1708 (recounting that "nothing in our precedents suggests that the Sixth Amendment requires state courts themselves to initiate inquiries into the propriety of multiple representation * * * [u]nless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate an inquiry"); State v. Feng, 421 A.2d 1258, 1272 (R.I.1980) (holding that "`trial courts may assume either that multiple representation entails no conflict or that the lawyer and his clients knowingly accept such risk of conflict as may exist'" unless "special circumstances" indicate that the trial justice should have realized that "a particular conflict" was afoot) (quoting Cuyler, 446 U.S. at 347, 100 S.Ct. 1708).
Furthermore, even if the trial justice neglects to inquire into a conflict about which he knew or reasonably should have known, a defendant still must establish the existence of an actual conflict of interest, i.e. a conflict "that adversely affect[ed] counsel's performance," before reversal is merited. Mickens v. Taylor, 535 U.S. 162, 172, 172 n. 5, 173-74, 122 S.Ct. 1237, 152 L.Ed.2d 291 (2002) (holding that the "trial court's failure to make the [Cuyler]-mandated inquiry does not reduce the petitioner's burden of proof * * * to void the conviction").
To establish a constitutional caliber "actual conflict of interest" that "adversely affects counsel's performance," this Court requires a showing that the attorney "`struggle[d] to serve two masters'" meaning that "the attorney's actions [or inactions] were motivated by divided loyalties" and "lacked a `sound strategic basis.'" Simpson v. State, 769 A.2d 1257, 1267 (R.I.2001) (quoting Cuyler, 446 U.S. at 349, 100 S.Ct. 1708 and Burger v. Kemp, 483 U.S. 776, 784, 107 S.Ct. 3114, 97 L.Ed.2d 638 (1987)); see also Reynolds v. Chapman, 253 F.3d 1337, 1343 (11th Cir. 2001) (holding that a defendant must "point to specific instances in the record * * * demonstrat[ing] that the attorney made a choice between possible alternative courses of action, such as eliciting (or failing to elicit) evidence helpful to one client but harmful to the other" and reiterating that "[i]f [the attorney] did not make such a choice, the conflict remain(s) hypothetical") (quoting Smith v. White, 815 F.2d 1401, 1404 (11th Cir. 1987)). In Simpson, this Court further clarified that even "[a]fter a finding of an `actual' conflict, the United States Supreme Court has also required an additional showing of `impairment' or `harm' to the defense, although `prejudice' need not be demonstrated." Simpson, 769 A.2d at 1267 (citing Cuyler, 446 U.S. at 349-50, 100 S.Ct. 1708 and Burger, 483 U.S. at 785, 107 S.Ct. 3114).
For example, in Reynolds, 253 F.3d at 1347, the court concluded that the "attorney's conflict of interest had an effect upon the representation that [the defendant] received" where the public defender was put "in the untenable position of advancing arguments urging that two defendants be granted a new trial after each of those defendants had spent the entire trial attempting to foist blame on the other." Id. at 1345. In so deciding, the Reynolds court observed that the public defender "admitted that there were at least two plausible arguments that he could have advanced on [the defendant's] behalf at the motion for a new trial stage," id. at 1346, but that "he could not make such arguments without breaching his duty of loyalty to [the codefendant]." Id. at 1347.
Here, Pineda alleges that the trial justice should have realized that conflicts of interest existed between her and Jose. She further indicates that her attorney's performance was adversely affected by these actual conflicts because their shared counsel could not and did not subpoena Jose to testify for Pineda's benefit, and he did not move to sever the two cases to avoid having the jury negatively assume that Pineda shared her brother's predilection for hot-headed, drunken confrontations. Pineda also contends that her relation to Jose combined with Jose's abysmal criminal record "likely cast a shadow" over Pineda "during the sentencing phase" of her trial. In contrast to the defendant in Reynolds, however, Pineda can only speculate whether her attorney's duty of loyalty to Jose was the motivating factor that prevented him from calling her codefendant as a witness or severing the cases. See Simpson, 769 A.2d at 1267 (holding that an actual conflict of interest requires a showing that "the attorney's actions [or inactions] were motivated by divided loyalties"). In addition, the suggestion that her attorney's inability to subpoena Jose to testify to "his drunkenness" or "the pressure and coercion [Jose] placed on Pineda" that night does not persuade us that her defense was "impair[ed]." Id. (holding that a Sixth Amendment violation requires "an additional showing of `impairment' or `harm' to the defense, although `prejudice' need not
Although holding that the Sixth Amendment does not require a trial justice to investigate for potential conflicts without "know[ing] or reasonably * * * know[ing] that a particular conflict exists," Cuyler, 446 U.S. at 347, 100 S.Ct. 1708, we acknowledge that Cuyler did indicate its preference for trial courts to inquire into the propriety of joint representation and advise criminal defendants of their right to "effective assistance of counsel, including separate representation" every time two or more defendants are represented by one attorney. Id. at 346 n. 10, 100 S.Ct. 1708 (quoting Rule 44(c) of the Federal Rules of Criminal Procedure). The Cuyler Court commented that adopting supervisory rules requiring such pretrial measures was "a desirable practice." Id.
In Rhode Island, Rule 44 of the Superior Court Rules of Criminal Procedure
This Court in Feng, 421 A.2d at 1273, previously considered and rejected the adoption of a supervisory rule to augment Rule 44. In so ruling, we specifically noted that Feng's attorney had explained to the trial justice, on the record, that he and the defendants had discussed the possibility of conflicts prior to trial and had "concluded that there was in fact, no problem." Id. Because Feng had proceeded with the shared counsel after this discussion and because Feng did not present an "actual conflict" caused by the joint representation, this Court was not persuaded to adopt a rule that would require trial courts to affirmatively investigate every jointly represented criminal defendant's potential for conflicts of interest. Id.
Faced with the same entreaty from Pineda as we analyzed in Feng, this Court first recognizes that it uses its supervisory power "with great restraint [only] after balancing carefully the societal interests involved." State v. Jackson, 570 A.2d 1115, 1117 (R.I.1990). Reviewing the societal benefits and burdens here, we again decline to disrupt the sanctity of the attorney-client relationship with a supervisory rule. We ascribe to the view that "[i]f the attorney informs the court that no conflict exists, * * * and if the client wishes to have that attorney continue to represent him, the court need not assume that the attorney is being untruthful, nor require that the client retain a different attorney. Contrary action would unnecessarily deprive the individual of his right to be represented by the attorney of his choice." Karen A. Covy, Note, The Right to Counsel of One's Choice: Joint Representation of Criminal Defendants, 58 Notre Dame L.Rev. 793, 801 (1983); see also Willis v. United States, 614 F.2d 1200, 1205 (9th Cir.1979) ("Absent objective proof we cannot assume that a lawyer representing more than one client would act in violation of the Code of Professional Responsibility, much less ignore the opportunity to introduce proof which might acquit one defendant but not the other.") (quoting United States v. Wisniewski, 478 F.2d 274, 285 (2d Cir.1973)). We note that in opting to share an attorney with a codefendant, a criminal defendant may have weighed other considerations including the cost of representation and the attorney's relevant experience. In our view, requiring a trial court to circumvent a defendant's independent decision-making would
Furthermore, the alleged conflicts in Pineda's instant case also fall short of persuading this Court to adopt a supervisory rule. As occurred in Feng, Pineda's attorney explained to the trial justice that he had discussed the potential for conflicts with defendants prior to the proceedings and did not anticipate any issues arising. See Feng, 421 A.2d at 1273. Neither Pineda, nor Jose, questioned their attorney's statement, which was made on the record and in their presence. Then, during the colloquy between Pineda, Jose, and the trial justice, both defendants had an opportunity to assert that he or she did not wish to accept the potential for conflicts of interest and preferred some other arrangement. Because Pineda did not so object or inquire into the propriety of their joint counsel at that time, it is our opinion that Pineda knowingly and voluntarily waived any conflicts when she signed the stipulation, and the trial justice was permitted to continue trial without further inquiry. Again, although Pineda presents alleged conflicts that may have affected the outcome of her trial or sentencing, "the mere possibility that [her] attorney's representation of [Pineda] and [Jose] might have resulted in a conflict of interests" does not persuade us to adopt a supervisory rule upon her conjecture. Id. at 1272.
A motion for a judgment of acquittal
"When deciding whether to grant or deny a motion for a new trial, `the
Here, Pineda argues that the evidence presented did not support a finding beyond a reasonable doubt that she assaulted Rodrigues with a dangerous weapon, a hammer. Pineda contends that none of the witnesses, aside from Rodrigues, testified to Pineda using a hammer to hit Rodrigues. Rather, Pineda maintains that the witnesses only recalled a "fistfight" or "pulling hair." Furthermore, Pineda maintains that Rodrigues was not credible and it was clear error for the trial justice to focus so heavily on Rodrigues's testimony without fully crediting the allegedly contradicting testimony of Det. Gonsalves and Officer Cardente. She implores this Court to hold that the trial court erred by denying her motion for a new trial.
We acknowledge that the trial justice recognized that this case "principally revolved around the credibility of various witnesses" and that the primary players were Rodrigues and Pineda, both of whom testified. He continued that he could not "fault" the jury for "opt[ing] to believe * * * Rodrigues['s] version of the events," even though there were discrepancies in her recollection at trial and to the police. The trial justice explained "those inconsistencies were well highlighted by defense counsel," but it was satisfactory to him that "the jury obviously accepted the essence of [Rodrigues's] testimony." He further noted that by taking the stand, Pineda took a calculated risk that ultimately backfired. The trial justice quoted that "[a] trier of fact is not compelled to accept and believe the self serving stories of vitally interested defendants. Their evidence may not only be disbelieved, but from the totality of the circumstances, including the manner in which they testify, a contrary conclusion may be properly drawn." State v. Mattatall, 603 A.2d 1098, 1109 (R.I.1992) (quoting United States v. Cisneros, 448 F.2d 298, 305 (9th Cir.1971)). Beyond noting that Rodrigues prevailed in the credibility contest between the two principal witnesses, the trial justice recited other evidence that supported the jury's verdict including: the hammer found in Pineda's car, the threat from Jose to Rodrigues promising retaliation from Pineda, and Pineda's avoidance of the police that night. Effectively, the trial justice relied on numerous
Our review of the record elicits even more evidence in favor of that verdict, including Officer Kane's testimony that while he was at the hospital, Rodrigues told him she was hit with a hammer. We also note that after reviewing photographs of Rodrigues taken at the police station that night, Det. Gonsalves testified that Rodrigues did look as if she had been hit in the eye, probably with a hammer. Accordingly, given the deference afforded to the trial justice's ruling and Pineda's overstatement of the weight that the trial justice actually afforded to Rodrigues's testimony, we decline Pineda's invitation to offer her a new trial. We likewise hold that the trial justice provided "sufficient reasoning in support of the ruling." Espinal, 943 A.2d at 1058.
We review a trial justice's denial of a motion for a judgment of acquittal using the same prosecution-deferential standard as the trial court applies. See Cardin, 987 A.2d at 250. When "viewed in this light, [if the evidence] is sufficient to support a verdict of guilty beyond a reasonable doubt, the motion must be denied." State v. Grant, 946 A.2d 818, 826 (R.I.2008) (quoting State v. Mondesir, 891 A.2d 856, 861 (R.I.2006)). However, "a judgment of acquittal shall be entered when the evidence is not legally sufficient to sustain a conviction." Cardin, 987 A.2d at 250 (quoting State v. Ros, 973 A.2d 1148, 1159 (R.I.2009)). "[H]aving concluded that the evidence `was sufficient to withstand the more stringent review applicable to a motion for a new trial, it follows that the evidence was also sufficient to withstand a motion for a judgment of acquittal.'" Hesford, 900 A.2d at 1200 (quoting State v. Otero, 788 A.2d 469, 475 (R.I.2002)). Accordingly, we also decline to disturb the trial justice's denial of Pineda's motions for a judgment of acquittal.
We affirm the Superior Court judgment in all respects and direct that the record be transferred to the Superior Court.