Bernadyn v. State

In Bernadyn v. State, 390 Md. 1, 887 A.2d 602 (2005), Bernadyn was convicted of various drug offenses after a search warrant was executed on a residence. At trial, he maintained that he did not live at the targeted residence. To prove that Bernadyn did in fact live there, the State offered into evidence a medical bill from Bayview Physicians that was seized at the residence during the execution of the search warrant. Bernadyn's name and the address of the residence were written on the bill. The evidence was admitted over Bernadyn's objection that it was hearsay -- an out-of-court implied assertion that he lived at the targeted residence, offered for its truth -- that did not fall within an exception to the rule against hearsay. The Court of Appeals reversed, holding that the bill indeed was inadmissible hearsay evidence. The Court reasoned that the State was offering the bill into evidence to show that Bernadyn lived at the address on the bill. The bill thus was being used as an implied assertion that Bernadyn lived at the address on the bill, and therefore was hearsay. (The parties agreed that, if the bill was hearsay, it was not admissible.) The Court explained: In order to accept the words "Michael Bernadyn, Jr., 2024 Morgan Street, Edgewood, Maryland 21040" as proof that Bernadyn lived at that address, the jury needed to reach two conclusions. It needed to conclude, first, that Bayview Physicians wrote those words because it believed Bernadyn to live at that address, and second, that Bayview Physicians was accurate in that belief. As used, the probative value of the words depended on Bayview Physicians having communicated the proposition that Michael Bernadyn lived at 2024 Morgan Street. The words therefore constituted a "written assertion" - and hence, under Md. Rule 5-801(a), a "statement" - that Michael Bernadyn lived at 2024 Morgan Street. When used to prove the truth of that assertion, the bill was hearsay under Md. Rule 5-801(c), because it contained "a statement . . . offered in evidence to prove the truth of the matter asserted." Bernadyn, supra, 390 Md. at 11. The Court remarked that, at trial, the State did not offer the bill merely as an item of circumstantial evidence: The bill contained two significant items: Bernadyn's name, and his address. The State did not argue simply that an item bearing Bernadyn's name was found in the house and that Bernadyn probably resided at the house. Rather, the State argued that the bill itself was "a piece of evidence that shows who lives there." In particular, the State suggested that Bayview Physicians had Bernadyn's correct address because "any institution is going to make sure they have the right address when they want to get paid." 390 Md. at 11. In a footnote, the Court added, "The words on the bill would not be probative as offered if it could be established that Bayview Physicians did not believe Bernadyn to live at 2024 Morgan Street, e.g., if it believed that Bernadyn received his mail there but lived elsewhere." Id. at n.4.