Betzle v. State

847 P.2d 1010, 1993 Wyo. LEXIS 40, 1993 WL 49670
CourtWyoming Supreme Court
DecidedMarch 1, 1993
Docket91-74
StatusPublished
Cited by45 cases

This text of 847 P.2d 1010 (Betzle v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Betzle v. State, 847 P.2d 1010, 1993 Wyo. LEXIS 40, 1993 WL 49670 (Wyo. 1993).

Opinions

THOMAS, Justice.

The primary issue presented by this case is whether inadmissible hearsay testimony was received at the trial of Gary T. Betzle (Betzle) on charges of second degree sexual assault; third degree sexual assault; and indecent liberties. The accused denounced testimony consisted of reports by a professional counselor, trained in psychology, and a pediatrician of what the intellectually-handicapped minor victim had told them about Betzle’s criminal acts. The question is of special importance in this case because, apart from Betzle’s own admissions, this testimony is the essential evidence that any crimes occurred. Betzle attacks the voluntariness of his admissions, and he also argues that, even if his confession was voluntary, there was not sufficient evidence presented at the trial to furnish independent corroboration of any crime. Other issues are raised concerning the invasion of the province of the jury by the counselor and the pediatrician because they stated opinions as to Betzle’s guilt and vouched for the credibility of the victim; abuse of discretion by the district court in imposing particularly severe sentences; and ineffective assistance of counsel. We hold the testimony attacked as hearsay properly was received in evidence at the trial; Bet-zle’s confession was voluntary; there was sufficient evidence of a corpus delicti to justify introducing his confession into evidence, even apart from the hearsay testimony; the testimony of the counselor and the pediatrician did not invade the province of the jury; the sentences imposed did not constitute an abuse of the discretion of the [1013]*1013trial court; and the record does not justify Betzle’s claim of ineffective assistance of trial counsel. The judgment and sentence are affirmed.

In his Brief of the Appellant, Betzle presented these issues:

I. Did the admission of the victim’s hearsay statements violate the Appellant’s constitutional right to confront his accuser?
A. Was it error to admit the child’s hearsay statements to her school counselor because the hearsay lacked a proper foundation under Rule 803(4), W.R.E., and because the hearsay did not overcome the presumption against uncrossexamined evidence?
B. Were the hearsay statements made by the child to [the pediatrician] made for the purpose of obtaining medical treatment or diagnosis?
II. Were [the professional counselor] and [the pediatrician’s opinions as to the fact that the child had been sexually abused inadmissible as an invasion of the province of the trier of fact?
III. Was the corpus delicti established by sufficient evidence independent of the Appellant’s extrajudicial confession?
IV. Was the sentence given Appellant by the trial court an abuse of the trial court’s discretion?
V. Was the Appellant denied effective assistance of counsel due to trial counsel’s inadequate preparation, investigation and other errors?
VI. Under the totality of the circumstances, was Appellant’s confession involuntarily given?

The State, in its brief as appellee, responded with its restated version of those issues, as follows:

I. Should Wyoming retain the corpus delecti aliunde rule, and if so, what form should the modern articulation of that rule take?
II. Does the record corroborate the truthfulness of appellant’s confessions, independent of the admissible hearsay statements attributed to the victim?
III. Did the trial court properly admit statements made by the victim to her counselor, in light of established exceptions to the rule prohibiting hearsay, as well as necessity and trustworthiness?
IV. Did inherently trustworthy hearsay admitted under a “firmly rooted exception” violate the appellant’s right to confront witnesses giving testimony against him?
V. Was appellant’s confession given knowingly and voluntarily, under circumstances which betray no hint of duress or undue influence?
VI. Were the sentences imposed by the trial court lawful and appropriate?
VII. Did appellant enjoy vigorous and effective representation of counsel throughout his trial?

The victim in this case is a handicapped child. She suffered from a malignant brain tumor for which she had been subjected to radiation therapy, chemotherapy, and surgery. Although nine years old at the time of the alleged offenses, the victim’s mental ability was that of a four-year old or a four-year, eight-month old child. She had been subjected to five surgeries which compounded her slowness, lack of coordination, speech problems, right-sided weakness and impaired long-term memory.

The victim’s parents were divorced in 1982 and, subsequent to the divorce, the father was awarded primary custody although the mother was afforded liberal visitation rights including alternate weekends. Betzle was a baby sitter for the victim, and he was the only male baby sitter used by either of the parents prior to May of 1990. Betzle was the victim’s baby sitter on approximately four to six occasions, and he would watch over her at his house. The victim stayed overnight at Bet-zle’s home on April 14, 1990 and also spent several hours with him at his home on April 29, 1990.

Early in May of 1990, the victim complained to her father about soreness in her crotch area. At about the same time, her mother noticed the victim’s appetite had decreased; there was difficulty in getting her to go to bed; she began wetting her pants; and she also began to complain of [1014]*1014vaginal pain. Not long after these events, a licensed professional counselor, who had been working with the victim for about two and one-half years, was notified by the school counselor of the possibility that the victim may have been sexually abused. Upon request, the professional counselor interviewed the victim to determine whether sexual abuse had occurred.

At about the same time, the victim’s grandfather called the Gillette police department from Tallahassee, Florida and reported a suspected sexual molestation of his granddaughter. A detective at the Gillette police department telephoned DPASS to advise that office of the telephone conversation with the grandfather, and then the detective later interviewed the victim’s father and a female friend of the victim’s father concerning the grandfather’s allegations. The female friend also baby sat with the victim, and she told the officer that, on one occasion about the end of April or the first of May, the victim told her the child had a “secret.” The police detective asked the father to take the victim to the doctor and, when he neglected to do that, the detective made an appointment with a physician, who specialized in pediatrics (pediatrician), to examine the victim.

The product of the interview by the professional counselor was an opinion that the victim had been sexually abused. After performing her examination, the pediatrician also formed an opinion that the victim had been sexually abused.

On May 9, 1990, the police detective met Betzle at Betzle’s home after work and asked Betzle to accompany him to the police station to answer some questions about an investigation he was conducting.

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Cite This Page — Counsel Stack

Bluebook (online)
847 P.2d 1010, 1993 Wyo. LEXIS 40, 1993 WL 49670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/betzle-v-state-wyo-1993.