Prisoner's phone sex claim doesn't sway appeals judges

Detroit— The state appellate court has rejected a drug dealer's claim that his trial was tainted because jurors heard a recording of him talking dirty to a woman on a jailhouse telephone.

Henry Broussard, 46, was convicted last year as a habitual offender after he shot a woman and her boyfriend for buying crack cocaine from a rival dealer. He is serving a 12-to-25-year sentence in the Macomb Correctional Facility in New Haven after being convicted of six crimes, including assault with intent to do great bodily harm.

Broussard sold drugs from the second story of a flat on the 4100 block of North Campbell in Detroit. On Jan. 29, 2010, he "became enraged because Brenda Nealy and her boyfriend Chris Peterson purchased drugs from someone other than defendant and proceeded to smoke it in the lower flat of the home," according to Thursday's Michigan Court of Appeals ruling.

"(Broussard ) confronted Nealy and Peterson, left the home, and then returned shortly thereafter armed with a gun. (Broussard) fired shots into the home and forced Nealy and Peterson to leave at gunpoint. Nealy was shot in the back of her leg."

Malena Garcia, who lived in the flat where the drugs were sold, testified in Broussard's behalf, claiming he never shot Nealy and Peterson, but "admonished (them) that they should be ashamed of themselves for smoking crack cocaine," the appeals court said.

The jury rejected the claim and found Broussard guilty. Broussard's attorney filed an appeal, claiming prosecutors prejudiced the jurors by playing a recording of him having phone sex with Garcia while he was incarcerated in the Wayne County Jail.

"The record shows that defense witness Garcia first denied having a sexual relationship with (Broussard)," according to the appellate court ruling. "Garcia also denied having phone sex with defendant prior to the playing of the audiotape. Garcia later admitted that she had a 'one-time thing' with (Broussard) but affirmed that since that time she and defendant were merely friends. The audiotape revealed that (Broussard) and Garcia engaged in phone sex while defendant was incarcerated."

Broussard's appeal argued the audiotape "only marginally added any probative value since Garcia admitted to having a sexual encounter with defendant," wrote appellate judges Kathleen Jansen, Kurtis T. Wilder and Kirsten Frank Kelly. "We conclude that the audiotape was probative to show that Garcia lied about never having phone sex with defendant or that their relationship resumed its platonic status after their sexual encounter. Therefore, we agree with the trial court that the audiotape was relevant as impeachment evidence."

Broussard was previously convicted of assault with a dangerous weapon, receiving stolen property and selling drugs. His earliest prison release date is Aug. 23, 2027.

ghunter@detnews.com

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