Campbell v. United States, 450 A.2d 428 (D.C. 1982). · Go Syfert
Campbell v. United States, 450 A.2d 428 (D.C. 1982). Cases Citing This Book View Copy Cite
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cited 3× by 2 distinct cases, last quoted 1987 · …discretion separate from the initial drew determinations, at p. 430
156 citation events (59 in the last 25 years) across 3 distinct courts.
Strongest positive: Pitt v. United States (dc, 2019-12-05)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
examined Cited as authority (rule) Pitt v. United States (4×) also: Cited "see", Cited "see, e.g."
D.C. · 2019 · confidence medium
Law Applicable to Admission of Other Crimes Evidence “The jury’s knowledge of a defendant’s unrelated past [criminal or wrongful] behavior raises the obvious danger that the jury will infer a disposition on the part of the defendant toward criminal activity and thus find him guilty of the crime charged.”11 Accordingly, “evidence of other crimes, which are independent of the one charged, is inadmissible unless it comes under one or more well _______________________________ (. . . continued) The law does not allow you to convict a [d]efendant simply because you believe he may have done…
discussed Cited as authority (rule) JAMARR MEDLEY ANTOINE RICHARDSON and LUCIOUS MCLEOD v. UNITED STATES
D.C. · 2014 · confidence medium
Thompson v. United States, 546 A.2d 414, 420, 423 (D.C. 1988) (“We ... hold that where intent is not controverted in any meaningful sense, evidence of other crimes to prove intent is so prejudicial per se that it is inadmissible as a matter of law."); Campbell v. United States, 450 A.2d 428, 430 (D.C.1982). 19 .
discussed Cited as authority (rule) JAMARR MEDLEY ANTOINE RICHARDSON and LUCIOUS MCLEOD v. UNITED STATES
D.C. · 2014 · confidence medium
Even if evidence of a prior bad act falls into an exception, however, before admitting it the trial court must find, inter alia, that the evidence is relevant to “a genuine and material issue” in the case;18 that the prosecution has established, by clear and convincing evidence, that the prior bad act did occur;19 and that the prejudicial effect of the evidence does not substantially outweigh its 18 Thompson v. United States, 546 A.2d 414, 420, 423 (D.C. 1988) (“We . . . hold that where intent is not controverted in any meaningful sense, evidence of other crimes to prove intent is so pre…
discussed Cited as authority (rule) United States v. Holland
D.D.C. · 2014 · confidence medium
As the Defendant correctly notes, “[e]vidence of prior wrongful behavior. . . risks that the jury may infer guilt simply on the basis that the accused has committed wrongful acts.” Campbell v. United States, 450 A.2d 428, 431 (D.C. 1982).
discussed Cited as authority (rule) United States v. Holland
D.C. Cir. · 2014 · confidence medium
As the Defendant correctly notes, “Evidence of prior wrongful behavior ... risks that the jury may infer guilt simply on the basis • that the accused has committed wrongful acts.” Campbell v. United States, 450 A.2d 428, 431 (D.C.1982).
cited Cited as authority (rule) Thomas v. United States
D.C. · 2013 · confidence medium
Campbell v. United States, 450 A.2d 428, 431 (D.C.1982).
discussed Cited as authority (rule) In re S.W.
D.C. · 2012 · confidence medium
See, e.g., Jenkins, 902 A.2d at 81-84 (defendant had previously threatened the life of the complainant regarding an unpaid debt, and was banging and kicking the door demanding that she come out); Tolentino v. United States, 636 A.2d 433, 434 (D.C.1994) (defendant, who slipped a note under complainant's door threatening to kill him and to set his car on fire, had previously left at least four similar notes and had banged on complainant’s win dow air conditioner saying, “Come out, I will kill you."); Campbell v. United States, 450 A.2d 428, 429 (D.C.1982) (defendant had fired shots into the …
discussed Cited as authority (rule) Eady v. United States (2×) also: Cited "see"
D.C. · 2012 · confidence medium
The repetition of this prejudicial information, concentrated during a short trial, cannot have escaped the jury’s notice. 16 The trial court’s and the prosecutor’s irrelevant and improper multiple references to appellant’s other crimes cannot be *268 reconciled with this court’s assertion that “[i]t is fundamental to a system of criminal justice based on the presumption of innocence, that the process of adjudication be insulated from evidence of past criminal or wrongful conduct of an accused other than the charged offense.” Campbell v. United States, 450 A.2d 428, 430 (D.C.1982)…
discussed Cited as authority (rule) Bishop v. United States
D.C. · 2009 · confidence medium
Similarly, the prohibition against the admission of evidence of uncharged crimes committed by the defendant (commonly referred to as “other crimes evidence”) derives from the principle that such evidence “may never be admitted solely for the purpose of proving that the defendant committed the other crime because that fact is irrelevant as a matter of law to the offense of which the defendant is charged.” Bolanos v. United States, 718 A.2d 532, 543 (D.C.1998) (Ruiz, J., concurring) (citing Campbell v. United States, 450 A.2d 428, 430 (D.C.1982) (“It is fundamental to a system of crimi…
discussed Cited as authority (rule) Parker v. United States (2×)
D.C. · 2000 · confidence medium
D.C. 268, 273, 432 F.2d 1330, 1335 (1970); (2) the other crimes evidence must be directed to a genuine, material and contested issue in the case, Landrum v. United States, 559 A.2d 1323, 1326 (D.C.1989); Thompson, supra, 546 A.2d at 420 ; Graves v. United States, 515 A.2d 1136, 1140 (D.C.1986); (3) the evidence must be logically relevant to prove this issue for a reason other than its power to demonstrate criminal propensity, Landrum, supra, 559 A.2d at 1326 ; Ali, supra, 520 A.2d at 310 n. 4; Campbell v. United States, 450 A.2d 428, 430 (D.C. 1982); and (4) the evidence must be more probative…
cited Cited as authority (rule) Freeman v. United States
D.C. · 1997 · confidence medium
Id. at 15 , 331 F.2d at 89 ; Jones v. United States, 477 A.2d 231, 237 (D.C.1984); Campbell v. United States, 450 A.2d 428, 430 (D.C.1982).
examined Cited as authority (rule) Johnson v. United States (7×) also: Cited "see", Cited "see, e.g."
D.C. · 1996 · confidence medium
See Willcher v. United States, 408 A.2d 67 , 76 n. 9 (D.C.1979) (availability of other means of proof, and government's need for evidence may affect probative value); Campbell, 450 A.2d at 431 (low probative value where government's need for evidence was also low).
discussed Cited as authority (rule) Garibay v. United States
D.C. · 1993 · confidence medium
See Pounds v. United States, 529 A.2d 791 , 795 n. 6 (D.C.1987) (“The Drew exceptions for intent, motive, and absence of mistake are applicable ... when the defendant raises affirmative defenses (e.g., ... self defense) thus putting his state of mind in issue....”); Campbell v. United States, 450 A.2d 428, 431 (D.C.1982) (“a claim of ... self-defense ... might have made appellant’s state of mind a contested issue on which prior wrongful conduct evidence could be received”).
discussed Cited as authority (rule) Mitchell v. United States (2×)
D.C. · 1993 · confidence medium
(Emphasis in original.) In an effort to avoid “the obvious danger that the jury will infer a disposition on the part of the defendant toward criminal activity and thus find him guilty of the crime charged,” Campbell v. United States, 450 A.2d 428, 430 (D.C.1982), we have ruled that only when the evidence of wrongful behavior is relevant under one or more of the recognized exceptions, can it be presented to the jury. 5 Under the “motive” exception, “[cjases in which the evidence shows instances of previous hostility between a husband and wife are sometimes treated as though they form …
examined Cited as authority (rule) Hill v. United States (3×)
D.C. · 1991 · confidence medium
Thompson v. United States, 546 A.2d 414, 419 (D.C.1988); Campbell v. United States, 450 A.2d 428, 430 (D.C.1982).
examined Cited as authority (rule) Roper v. United States (4×)
D.C. · 1989 · confidence medium
In applying the dictates of Drew, we have pointed out four specific requirements for the admission of other crimes evidence: (1) there must be clear and convincing evidence that the defendant committed the other offense, see Thompson v. United States, 546 A.2d 414 , 421 n.11 (D.C.1988); Ali v. United States, 520 A.2d 306 , 310 & n.4 (D.C.1987); United States v. Bussey, 139 U.S. App. D.C. 268 , 273, 432 F.2d 1330, 1335 (1970); (2) the other crimes evidence must be directed to a genuine, material and contested issue in the case, Landrum v. United States, 559 A.2d 1323, 1326 (D.C. 1989); Thompson…
cited Cited as authority (rule) Landrum v. United States
D.C. · 1989 · confidence medium
Campbell v. United States, 450 A.2d 428, 430 (D.C.1982); Drew, supra, *1326 118 U.S. App. D.C. at 15 , 331 F.2d at 89 .
cited Cited as authority (rule) Thompson v. United States
D.C. · 1988 · confidence medium
Campbell v. United States, 450 A.2d 428, 430 (D.C.1982).
examined Cited as authority (rule) Bartley v. United States (4×) also: Cited "see, e.g."
D.C. · 1987 · confidence medium
E.g., Graves v. United States, 515 A.2d 1136, 1139 (D.C.1986); Campbell v. United States, 450 A.2d 428, 431 (D.C. 1982); Calaway v. United States, 408 A.2d 1220, 1226 (D.C.1979); Crisafi v. United States, 383 A.2d 1 , 3 n. 2 (D.C.), cert. denied, 439 U.S. 931 , 99 S.Ct. 322 , 58 L.Ed.2d 326 (1978); United States v. Bussey, supra note 1, 139 U.S.App.D.C. at 271, 432 F.2d at 1333 ; Drew, supra, 118 U.S.App.D.C. at 15-16 , 331 F.2d at 89-90 .
cited Cited as authority (rule) Pounds v. United States
D.C. · 1987 · confidence medium
See Graves v. United States, 515 A.2d 1136, 1139 (D.C.1986); Campbell v. United States, 450 A.2d 428, 431 (D.C.1982).
discussed Cited as authority (rule) German v. United States (2×)
D.C. · 1987 · confidence medium
Campbell v. United States, 450 A.2d 428, 430 (D.C. 1982).
discussed Cited as authority (rule) Settles v. United States (2×)
D.C. · 1987 · confidence medium
Campbell v. United States, 450 A.2d 428, 431 (D.C.1982); Robinson v. United States, 317 A.2d 508, 513-514 (D.C. 1974). 10 Identity is also not an applicable Drew exception, as the trial court recognized in ruling that “there is no logical basis ... for anybody to assume that whoever did one [crime] did the other” (see note 7, supra).
discussed Cited as authority (rule) Ali v. United States (2×)
D.C. · 1987 · confidence medium
These three requirements have been variously stated throughout the case law of this jurisdiction: (1) the issue to which the evidence is said to be relevant must be the subject of genuine controversy, e.g., Campbell v. United States, 450 A.2d 428, 430 (D.C.1982); Willcher v. United States, 408 A.2d 67, 76 (D.C.1979); (2) the government must prove by clear and convincing evidence that the defendant was the perpetrator or co-perpetrator of the uncharged crime, see, e.g., Light v. United States, 360 A.2d 479, 480 (D.C.1976); United States v. Bussey, supra, 139 U.S.App.D.C. at 273, 432 F.2d at 133…
discussed Cited as authority (rule) Artis v. United States
D.C. · 1986 · confidence medium
Evidence of criminal acts, independent of the ones charged, generally is inadmissible, Bigelow v. United States, 498 A.2d 210, 212 (D.C.1985), unless introduced for some “substantial legitimate purpose,” Gates v. United States, 481 A.2d 120, 123 (D.C.1984) (quoting Drew v. United States, 118 U.S.App.D.C. 11, 16 , 331 F.2d 85, 90 (1964)), such as identity, Gates, 481 A.2d at 123-24 ; Brooks v. United States, 448 A.2d 253, 257 (D.C.1982), so long as identity is a genuine and material issue in the case, the evidence is probative of that issue, Bigelow, 498 A.2d at 213 , and the probative valu…
cited Cited as authority (rule) Bigelow v. United States
D.C. · 1985 · confidence medium
Jones v. United States, 477 A.2d 231, 237 (D.C. 1984); Campbell v. United States, 450 A.2d 428, 430 (D.C.1982).
cited Cited "see" Eddie Williams v. United States
D.C. · 2015 · signal: see · confidence high
See Campbell v. United States, 450 A.2d 428, 430 (D.C.1982) (citing Willcher v. United States, 408 A.2d 67, 75-76 (D.C. 1979)).
examined Cited "see" Bolanos v. United States (4×) also: Cited "see, e.g."
D.C. · 1998 · signal: see · confidence high
See Campbell v. United States, 450 A.2d 428, 431-32 (D.C. 1982) (evidence of defendant's past wrongful conduct toward complaining witness was inadmissible under Drew to explain her fear of him because prejudice outweighed probative value). [7] Judge Schwelb would conclude that the evidence is admissible because consent is always an issue in a rape case, and evidence that Guzman and Bolanos had earlier beaten M.A. was probative of M.A.'s lack of consent to the sexual activities in the bathroom or, put another way, of the defendants' intent to use force in their sexual encounter with her. [8] Se…
cited Cited "see" Green v. United States
D.C. · 1990 · signal: see · confidence high
See id. at 431 n. 4.
cited Cited "see" Sherer v. United States
D.C. · 1983 · signal: see · confidence high
See Campbell v. United States, 450 A.2d 428 (D.C.1982); Drew v. United States, 118 U.S.App.D.C. 11, 15-16 , 331 F.2d 85, 89-90 (1964).
examined Cited "see, e.g." Lee Carrell v. United States (4×)
D.C. · 2013 · signal: compare · confidence low
Compare id. (―. . . that the defendant intended to utter these words as a threat.‖ (emphasis added)), with Campbell, supra, 450 A.2d at 431 n.5 (―. . . that the defendant intended to utter the words which constituted the threat.‖).
cited Cited "see, e.g." Steward v. UNITED STATES
D.C. · 2010 · signal: see, e.g. · confidence medium
See, e.g., Campbell v. United States, 450 A.2d 428, 430 (D.C.1982).
cited Cited "see, e.g." Samuels v. United States
D.C. · 1992 · signal: see also · confidence low
See also Campbell v. United States, 450 A.2d 428 (D.C.1982). 4 .
cited Cited "see, e.g." Jefferson v. United States
D.C. · 1991 · signal: see, e.g. · confidence low
See, e.g., Campbell, 450 A.2d at 430 .
Retrieving the full opinion text from the archive…
Ronald CAMPBELL, Appellant,
v.
UNITED STATES, Appellee
80-1044.
District of Columbia Court of Appeals.
Aug 16, 1982.
450 A.2d 428
1982 D.C. App. LEXIS 416
Daniel S. Evans, Washington, D. C. appointed by the court, for appellant., Sylvia Royce, Asst. U. S. Atty., Washington, D. C., with whom Stanley S. Harris, U. S. Atty., John A. Terry, John R. Fisher and A. Carlos Correa, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.
Newman, Kern, Ferren.
Cited by 71 opinions  |  Published
NEWMAN, Chief Judge:

A jury found appellant guilty of threats to do bodily harm in violation of D.C.Code 1981, § 22-507. Appellant seeks reversal of his conviction on the ground that the trial judge improperly allowed evidence of appellant’s prior wrongful conduct to be placed before the jury. [1] We agree and reverse.

I

A. The Government’s Evidence

At approximately 4:00 a. m. on the morning of May 3,1980, Anita Scholfield and her children were awakened by a telephone call. Miss Scholfield recognized the caller’s voice as that of appellant, with whom she had been romantically involved for about four years prior to the relationship’s termination in the fall of 1979. The caller, who sounded intoxicated, insisted on speaking to Miss Scholfield. She refused and hung up the phone.

Some time later that morning, Miss Scholfield and her children were again awakened by loud pounding on the apartment’s front door. She did not answer the door and moments later heard two gunshots. After phoning the police, she approached the door and observed two bullet holes in the door. Two nine millimeter bullets were found in the apartment by the police.

After the arrival of the police, Miss Scholfield again answered a telephone call. Again, the voice was appellant’s, and he sounded intoxicated. Miss Scholfield was told that it did not matter what she or the police did, he was “going to get her.”

Miss Scholfield was allowed to testify at length about her previous relationship with the appellant. She testified, inter alia, that appellant had a drinking problem and that he generally became abusive and jealous when intoxicated. She indicated that he usually carried a .45 magnum pistol and that on previous occasions he had fired his gun into the air in her presence and fired the gun into a pillow near her head. Additionally, she testified that he had previously slapped her. [2]

Three police officers also testified for the government. Officers John Knott and Gerald Barnes, the investigating officers, testified as to their observation of bullet holes in the front door and their recovery of the bullets — one from inside the bathroom tile and one from inside the living room sofa. Officer Barnes also testified that he had ticketed appellant’s car at 3:30 a. m. about fifteen or sixteen blocks from the Scholfield apartment. Officer Thomas Heery, the crime scene investigator, testified about his examination of Miss Scholfield’s apartment and his recovery of two nine millimeter shell casings.

B. The Defense Evidence

Appellant Campbell denied either having called Miss Scholfield or visited her apartment on the morning in question. Instead, he spent the early morning hours at two different clubs in Northwest Washington. When he left the second club about 3:30 a. m., he found his car ticketed. He then went straight to his Maryland home.

In rebutting her testimony admitted in the government’s case in chief, appellant also testified about his previous relationship with Miss Scholfield, indicating that an amicable termination had taken place at his request in the summer of 1979. While he admitted to carrying a gun and to possessing a large gun collection, he attempted to rebut Miss Scholfield’s accusations concerning his past behavior by denying ever having previously threatened or abused her. He indicated that the firing of the gun into the pillow had been an accident. He denied[*430] having a drinking problem as well. Two character witnesses testified on his behalf as to his reputation for truthfulness and one indicated that he had never known appellant to be intoxicated.

II

It is fundamental to a system of criminal justice based on the presumption of innocence, that the process of adjudication be insulated from evidence of past criminal or wrongful conduct of an accused other than the charged offense. Harris v. United States, D.C.App., 366 A.2d 461, 463 (1976). The jury’s knowledge of a defendant’s unrelated past behavior raises the obvious danger that the jury will infer a disposition on the part of the defendant toward criminal activity and thus find him guilty of the crime charged. Hence, it is the law of this jurisdiction that evidence of other crimes, which are independent of the one charged, is inadmissible unless it comes under one or more well recognized exceptions. [3] Id. at 463; Light v. United States, D.C.App., 360 A.2d 479, 480 (1976). The proffered evidence of other wrongful conduct by the defendant must be admissible for some legitimate purpose other than to prove the accused’s propensity to commit the act in issue.

Evidence directed to an issue other than propensity is not admissible, however, unless the issue is a genuine and material issue in the case. Willcher v. United States, D.C.App., 408 A.2d 67, 75-76 (1979); United States v. James, 181 U.S.App.D.C. 55, 63 n.46, 555 F.2d 992, 1000 n.46 (1977). Only after it has been determined that an issue has been raised upon which other crimes evidence could be received, is it appropriate for the trial court to determine whether the evidence is relevant to that issue. Willcher v. United States, supra at 75. Cf. 2 J. Weinstein & M. Berger, Evidence § 404[09] at 50 (1975).

Even when evidence of wrongful behavior is relevant to a Drew exception that is a controverted issue in the case, it must still be excluded by the trial court when the degree of prejudice exceeds the probative value of the evidence. Tabron v. United States, D.C.App., 410 A.2d 209, 214 (1979); Light v. United States, supra at 480; Day v. United States, D.C.App., 360 A.2d 483, 485 (1976). This weighing process requires a careful and informed exercise of the trial judge’s discretion separate from the initial Drew determinations. Willcher v. United States, supra at 76-77. See generally Johnson v. United States, D.C.App., 398 A.2d 354, 364-66 (1979) (standards governing review of trial court’s exercise of discretion).

Ill

Appellant complains of the admission of the following testimony of Miss Scholfield concerning prior acts committed by appellant: (1) his drinking habits and generally abusive behavior when intoxicated; (2) his practice of always carrying a gun; (3) an occasion on which he fired his gun into the air; (4) an occasion on which he fired a gun into a pillow near Miss Scholfield’s head; (5) an occasion on which he slapped her. He contends that this testimony probed no issue other than his character and his propensity to have acted in conformity therewith on the morning in question. This is, of course, the very inference that the general rule of exclusion of other crimes evidence is designed to prohibit. The government, however, contends that this testimony was properly admitted for the limited purposes of showing appellant’s intent, motive, identity, and the surrounding circumstances of the offense. [4]

[*431] In the first place, the state of mind exceptions to the rule against admissibility of an accused’s prior criminal conduct — intent, motive, absence of mistake — were not material issues in this case. Rather than raising a claim of accident, mistake or self-defense, which might have made appellant’s state of mind a contested issue on which prior wrongful conduct evidence could be received, appellant denied having committed the acts. While intent to utter threatening words was a formal issue, in the sense that it was an element of the offense for which appellant was charged, [5] appellant’s intentions were not a critical issue for the jury since appellant denied he uttered any words. Thus, these exceptions cannot be invoked. United States v. Powell, 587 F.2d 443, 448 (9th Cir. 1978), appeal after remand, 632 F.2d 754 (1980); United States v. Silva, 580 F.2d 144, 148 (5th Cir. 1978), appeal after remand, 611 F.2d 78 (1980); United States v. Benedetto, 571 F.2d 1246, 1249 (2nd Cir. 1978); United States v. Fierson, 419 F.2d 1020, 1023 (7th Cir. 1970).

Furthermore, the evidence of appellant’s prior wrongful conduct is not admissible under the identity exception to Drew. This exception allows the introduction of prior wrongful conduct evidence “if the evidence shows that the defendant has committed crimes so nearly identical in method that it is likely the present offense has been committed by him.” Bridges v. United States, D.C.App., 381 A.2d 1073, 1075 (1977), cert. denied, 439 U.S. 842, 99 S.Ct. 135, 58 L.Ed.2d 141 (1978). See also Evans v. United States, D.C.App., 392 A.2d 1015, 1020-21 (1978). Evidence of prior crimes will be admissible where the distinctive facts relating to the manner in which the prior crimes and the crime on trial were committed are nearly identical. See Tinsley v. United States, D.C.App., 368 A.2d 531 (1976). In this case, there is no concurrence of unusual and distinctive facts about the crime and the prior wrongful conduct which shows with reasonable probability that the same person that committed the previous acts also committed this crime against Miss Scholfield.

While the government argues that the evidence fits various Drew exceptions, their major contention is that, particularly as to the prior slapping and gun firing incidents, the contested evidence explains the prior relationship between the parties necessary to the jury’s consideration of whether the “words uttered by appellant were of such a nature as to convey a menace or fear of serious bodily harm or injury to the ordinary hearer.” [6] Even if we were not to limit admission of “other crimes” evidence to specific Drew exceptions, we cannot agree that the admission of such testimony has probative value on this issue outweighing its obvious potential prejudice. Evidence of prior wrongful behavior is always prejudicial to a defendant. It not only risks that the jury may infer guilt simply on the basis that the accused has committed wrongful acts, but it diverts the jury’s attention from the question of defendant’s responsibility for the crime charged to the improper issue of his bad character. On the other hand, the government’s need for the evidence was minimal. The government was required merely to prove that the words used by the caller would have conveyed fear to the “ordinary” hearer. Moreover, other means of proof, especially the[*432] fact that the reasonableness of Miss Schol-field’s fear is better explained by the fact that bullets were fired through her front door just moments prior to her receiving the threatening call, limits the probative value of this evidence for this purpose. Miss Scholfield’s challenged testimony was more probative of appellant’s general criminal disposition. But, this is the very reason why it must be barred from the trial. To the extent that the trial court exercised its discretion to admit the testimony in order to explain the reasonableness of Miss Schol-field’s fear, the trial court abused its discretion. [7]

IV

In summary, the evidence relating to appellant’s past wrongful behavior toward Miss Scholfield and his past behavior concerning alcohol and firearms, is not admissible under any Drew exception. Moreover, the evidence has little probative value in comparison to its prejudicial impact in regards to other material issues in the case. Thus, the admission of the evidence in the government’s case in chief was error.

In determining whether the error requires reversal, see Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946), we reject the suggestion that appellant’s testimony in the defense case, about the subject matter of the complainant’s erroneously admitted testimony, rendered that error harmless. While it may have been proper to admit such testimony in the government’s rebuttal case if appellant first introduced an explanation of his previous relationship with complainant, see Tabron v. United States, supra at 214; Willcher v. United States, supra at 76-77; Day v. United States, supra at 485, see generally Johnson v. United States, supra at 364-66, that was not the situation here. We have no way of knowing that the defendant would have “opened the door” if the complainant had not been permitted to do so in the government’s case in chief. [8] Because we cannot say that the jury “was not substantially swayed by the error,” Kotteakos v. United States, supra at 765, 66 S.Ct. at 1248, the error was not harmless. We must reverse the conviction and remand the case for a new trial.

Reversed.

1

. Appellant also seeks reversal on the ground that the trial judge erroneously allowed the admission of certain lay opinion testimony. Given our resolution of the first issue, we do not reach this claim.

2

. A pretrial objection to the introduction of this line of testimony was overruled.

3

. Evidence of other crimes or wrongful behavior may be admissible where relevant to (1) motive, (2) intent, (3) absence of mistake or accident, (4) a common scheme or plan, or (5) identity. Drew v. United States, 118 U.S.App. D.C. 11, 15-16, 331 F.2d 85, 89-90 (1964). District of Columbia practice is also generally consistent with Fed.R.Evid. 404(b).

4

. Other crimes evidence is admissible, regardless of the Drew exceptions, when relevant to explain the circumstances surrounding the crime charged — if its probative value outweighs its prejudicial effect. Tabron, supra at 214. In this case, the prior crime evidence is not so closely related to the charged offense in terms of time or place to be necessary to com-[*431] píete the story of the crime on trial. The prior incidents described by Miss Scholfield took place at least seven months prior to the incident at issue in this case, since they all occurred prior to the termination of Miss Schol-field’s and appellant’s relationship in September 1979. The evidence of appellant’s prior assault or threats against Miss Scholfield is not relevant to explain “immediate circumstances surrounding the offense charged.” See Green v. United States, D.C.App., 440 A.2d 1005 (1982), and cases cited therein.

5

. The essential elements of the offense of threats to do bodily harm are: that the defendant uttered words to another person; that the words were of such a nature as to convey fear of serious bodily harm or injury to the ordinary hearer; that the defendant intended to utter the words which constituted the threat. Gurley v. United States, D.C.App., 308 A.2d 785 (1973); Criminal Jury Instructions for the District of Columbia, No. 4.17 (3d ed. 1978).

6

. See note 5.

7

. We should note that the government’s proffer in this case failed to give the trial judge an adequate basis on which to balance the probative value and prejudicial effects of this “prior wrongful conduct” evidence as it related to the issue of Miss Scholfield’s fear. At the bench conference held prior to trial, the government indicated only that it intended to introduce certain Drew evidence as to the issues of absence of mistake and the question of Campbell’s past habits. Indeed, when the prosecutor mentioned the evidence in his closing statement and rebuttal, he indicated that the testimony shouid be considered for the limited purpose of showing defendant’s lack of mistake, motive, opportunity, and intent. The first mention of the admissibility of this evidence to prove the reasonableness of Miss Scholfield’s fear is made on appeal.

8

. Additionally, we have no way of knowing how the trial court would have exercised its discretion if defendant had, during his case in chief, testified about his prior relationship with complainant.