State v. Westbrooks

In State v. Westbrooks, 345 N.C. 43, 67, 478 S.E.2d 483, 497 (1996) the Supreme Court of North Carolina held that a defendant's prior silence is admissible to impeach the defendant's testimony at trial. In Westbrooks, the defendant testified at trial that she had learned the identity of her husband's killer. Id. at 62, 478 S.E.2d at 494-95. In closing, the prosecutor noted that the defendant had not alerted the police of this information prior to trial. Id. at 67, 478 S.E.2d at 497. The prosecutor, therefore, raised the question of why the defendant had waited until trial to inform the police of this development. Id. On review, our Supreme Court held the prosecutor's argument was properly used to impeach the defendant's trial testimony because the defendant's "natural tendency would be for defendant to have mentioned the pertinent conversation prior to taking the stand." Id.