Adams v. State

927 P.2d 751, 1996 Alas. App. LEXIS 50, 1996 WL 661679
CourtCourt of Appeals of Alaska
DecidedNovember 15, 1996
DocketA-5631
StatusPublished
Cited by6 cases

This text of 927 P.2d 751 (Adams v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. State, 927 P.2d 751, 1996 Alas. App. LEXIS 50, 1996 WL 661679 (Ala. Ct. App. 1996).

Opinion

OPINION

BRYNER, Chief Judge.

Ralph Adams was convicted by a jury of first-degree sexual assault, AS 11.41.410(a)(1), and kidnapping, AS 11.41.300(a)(1)(C). Superior Court Judge Dale O. Curda sentenced Adams to a composite term of eighty years in prison with twenty years suspended. Adams appeals, contending that the trial court erred in denying a challenge for cause Adams asserted against a member of his jury. Adams also contends that his conviction should be reversed due to improper final argument by the prosecution. Finally, Adams argues that his sentence is excessive. We affirm.

On December 31, 1992, sixteen-year-old I.B., a Hooper Bay resident, celebrated New Year’s Eve in Bethel, attending a dance, a local disco called the Brass Buckle, and then a party at a friend’s house. At the Brass Buckle, I.B. began drinking alcohol. Before leaving, she noticed that Adams was at the disco; I.B. recognized Adams because he was the boyfriend of Roberta G., an acquaintance of I.B. Later, at the party, I.B. smoked some marijuana and continued to drink; she became intoxicated. Soon after leaving the party in search of a cab, I.B. blacked out.

When I.B. came to, she found herself on a mattress in a vacant apartment; Ralph Adams lay next to her, urging her to have intercourse with him. I.B. refused. Undeterred, Adams began touching her stomach and her legs, and then touched and inserted his finger into I.B.’s vagina. When I.B. resisted the assault, Adams began beating her on the face and body, calling her names, telling her, “You’re a whore like your mom,” and saying that he wanted to kill her. I.B. implored Adams to stop, saying, “[W]hat about Roberta?” In response, Adams pulled off I.B.’s spandex tights and used them to choke her and bind her hands. The assault evidently lasted for several hours. I.B. eventually lost consciousness.

When I.B. regained consciousness, it was morning; the sun had risen. She was alone in the apartment. Her hands were still bound and her eyes were swollen from Adams’ blows, making it difficult for her to see. The mattress was covered with blood, evidently from a one-inch gash on the back of I.B.’s scalp.

I.B. managed to untie herself and leave the apartment. She walked out to the street and summoned a taxi. I.B. told the driver she had been raped and beaten arid that “she knew the man’s girlfriend.” The driver took her to the Bethel police station, where I.B. reported the rape to Officer Roger Vereel-line. I.B. told Vereelline that her attacker was named Ralph and was the boyfriend of Roberta G. I.B. also provided Vereelline with a description of her assailant that eventually proved accurate.

Vereelline took I.B. to the hospital, where the examining physician found her eyes to be “half swollen shut.” Further examination revealed extensive bruising on nearly every part of I.B.’s body and face, a lump and one-inch laceration on the back of her head that had probably bled “a fair amount,” and bite marks on her buttocks.

After I.B. was released from the hospital later that day, Vereelline conducted another interview, during which I.B. said she did not know who raped her. Upon further questioning, however, she recalled having told Vereelline that her assailant was a man named Ralph who was Roberta G.’s boyfriend. Upon completing his interview with I.B., Vereelline took her to the Bethel Emergency Shelter for Children. There, I.B. told a shelter employee that she had been raped by a man named Ralph who was Roberta G.’s boyfriend.

Investigation of I.B.’s report led Vereelline to a vacant apartment that contained only a blood soaked mattress and a chest of drawers. Vereelline separately determined that Roberta G.’s boyfriend was Ralph Adams, that Adams lived near the' empty apartment, and that he had been hired by the apartment building’s owner to clean out the apartment.

*754 Vercelline contacted Adams, who appeared to have fresh scratches on his face and body. Adams acknowledged the scratches but could not explain their origin. Adams’ clothing appeared to be stained with blood. At first Adams denied that the stains were from blood; then he claimed that they were his own blood — that he had had a nosebleed.

The following day, Vercelline showed I.B. a photographic lineup. I.B. identified Adams. Subsequent testing revealed that the blood on Adams’ clothing was not his own but was a type similar to I.B.’s. A thorough search of the mattress in the empty apartment also yielded a pubic hair that appeared to match a hair sample taken from Adams.

Based on this evidence, the state charged Adams with kidnapping and first-degree sexual assault. Adams was brought to trial before a Bethel jury, which convicted him of the charges. Adams then filed this appeal.

On appeal, Adams first contends that the trial court erred in denying his mid-trial motion to disqualify a juror. During the jury selection process, prospective juror Tad Miller disclosed that he was the director of the Bethel Emergency Shelter for Children. Both parties accepted Miller as a juror. In the course of trial, the jury heard evidence that, after the sexual assault, I.B. was taken to the Bethel Emergency Shelter for Children, where she told a shelter worker that she had been raped by a man named Ralph, who was the boyfriend of an acquaintance. Subsequently, when I.B. took the stand, juror Miller recognized her. Miller sent Judge Curda a note, saying:

Upon viewing [I.B.] it occurs to me that I did meet her while she stayed at the receiving home. I never discussed her case with her, however. Does this matter[?]

After disclosing this note to trial counsel, Judge Curda convened a hearing at which Miller was questioned out of the presence of other jurors. Miller told the court that he had not recognized I.B.’s name during the jury selection process; he realized that she had been at the shelter only after seeing her when she took the stand. Miller said that his position as the director of the shelter primarily involved management and administration; he supervised the shelter staff, who in turn provided direct care.

Miller recalled that after I.B. came to the shelter, a staff member telephoned him at home and told him that a new child had been admitted in “physically rough shape.” When Miller next went to work, he met I.B. briefly, introduced himself, and welcomed her to the shelter. Miller observed I.B.’s injuries, noticed that she was “very shy,” but did not talk to her about the assault. Miller characterized his involvement with I.B. at the shelter as “very minimal” and estimated that I.B. had remained there only “a day or two.”

Judge Curda asked Miller whether there was “anything about that contact ... that would make you judge her testimony any differently from anybody else’s[?]” Miller answered no. Judge Curda also asked if Miller’s contact with I.B. would cause him “[a]ny problems with following th[e] instruction [about evaluating witness testimony].” Again, Miller answered no.

In follow-up questioning, the prosecutor asked Miller if there was any reason he could not be fair. Miller answered: “No. I think I can be fairly objective, but I — I did want to state for the record I had met her ... while she was in my care and I don’t know if you feel that’s grounds for — for my dismissal, or whatever, but ...”

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Cite This Page — Counsel Stack

Bluebook (online)
927 P.2d 751, 1996 Alas. App. LEXIS 50, 1996 WL 661679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-alaskactapp-1996.