State v. Woods

Milton Brown and his girlfriend, Gwendolyn Stewart, drove to a house. Brown went in the house, and Stewart stayed in the car. A few minutes later, Brown exited the house and crossed the street. Stewart then saw Leroy Woods (defendant) cross the street in the same direction as Brown. Stewart heard Brown begging someone not to shoot him, followed by gunshots. Stewart told police that she saw Woods holding a gun immediately after the shooting. Brown also told police that Woods was the shooter. Brown ultimately died from his gunshot wounds, and the State of Louisiana (plaintiff) charged Woods with murder. At Woods’s trial, Stewart testified that she did not see Woods after the shooting. The prosecutor referred Stewart to her previous statement to the police and again asked Stewart when she saw Woods. Stewart testified both that she had not seen Woods and that she could not remember whether she saw Woods. The prosecutor asked Stewart if it would help to hear her previous taped statement to the police, and Stewart said yes. The trial court allowed the prosecution to play the tape for Stewart and the jury. Stewart testified that the statement was truthful and made while the shooting was fresh in her mind. Stewart further testified that her statement was how she remembered the facts of the shooting. After hearing the statement, Stewart testified that she saw Woods holding a gun after the shooting. Stewart also identified Woods in court as the shooter and identified clothing that Woods wore on the night of the shooting. The jury convicted Woods of manslaughter, and he appealed.