Bible v. State

982 A.2d 348, 411 Md. 138, 2009 Md. LEXIS 744
CourtCourt of Appeals of Maryland
DecidedOctober 14, 2009
Docket138, September Term, 2008
StatusPublished
Cited by61 cases

This text of 982 A.2d 348 (Bible v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bible v. State, 982 A.2d 348, 411 Md. 138, 2009 Md. LEXIS 744 (Md. 2009).

Opinions

ADKINS, J.

Petitioner Rodney Wayne Bible challenges his conviction for committing sex offenses proscribed under two sections of the Sexual Crimes subtitle of the Criminal Law Article of the Maryland Code (2007 Repl.Vol.) (hereinafter “CL”). He contends that his brief touching of a seven year old child on her buttocks on the top of her clothing was not “sexual contact,” which is defined as “an intentional touching of the victim’s or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.” CL § 3-301(f)(1) (emphasis added). In support of his contention, Bible submits that (1) the buttocks are not covered by the statute, and (2) the evidence produced by the State was not sufficient to establish the necessary mens rea. Although we hold that the buttocks are an “intimate area” for purposes of the statute, we consider the evidence adduced at trial was not sufficient to establish beyond a reasonable doubt that Bible intentionally touched the victim “for sexual arousal or gratification,” and accordingly, shall reverse.

STATUTORY PROVISIONS

Sexual offense in the third degree is committed when an individual “engage[s] in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim[.]” CL § 3-307(a)(3). Sexual offense in the fourth degree proscribes “sexual contact with another without the consent of the other[.]” 1 CL § 3-308(b)(1).

[144]*144FACTS & LEGAL PROCEEDINGS

Around 4:00 p.m. on August 25, 2006, seven year-old Hannah S. accompanied her mother and two siblings to the Goodwill Store in Hagerstown. Upon arriving, Hannah, without her mother or siblings, proceeded to the area of the store containing toys, which also housed furnishings and electronics. Though Hannah’s mother (“Mrs. S.”) or sister periodically checked on her, the only other individuals in that area of the store while Hannah was present were Curtis Howell, a Goodwill employee, and the defendant forty-nine year-old Rodney Wayne Bible. Hannah and her family were in the store for approximately thirty to forty minutes. While they were in the store, Hannah did not notify anyone of a problem.

When Hannah left the store and returned with her family to their car, and noticed Bible getting into the vehicle next to them, she became “upset” and “anxious.” She pointed to Bible and said to her mother, “Mommy, that man’s a pervert ... [h]e touched me.” Mrs. S followed Bible for a short while and recorded the make, model, color, and license plate number of Bible’s car. After returning to the Goodwill Store and informing Howell of Hannah’s statements, Mrs. S. proceeded to the police station and made a report of what happened.

The police traced the car to Bible and interviewed him at his apartment. The police officer later testified that when he asked Bible if he was present at the Goodwill store two days earlier, “[a]t first, [Bible] denied that he was there. He wasn’t for sure [sic] if he was there or not. And then as we kept talking, he did say he was there” looking at VCRs. Bible also said he hadn’t noticed any children in the area of the store in which he was shopping. During the police investigation, Hannah identified Bible in a photo array as the man who touched her in the store.2 Howell was able to identify Bible as having been present in the store, but did not observe Bible touch Hannah. Also presented at trial was surveillance video [145]*145of the area in which the incident took place. However, the video did not provide continual coverage of the area because the surveillance system alternated between cameras, returning to the area in which Hannah and Bible were located every two to four seconds. The video showed both individuals in the area together, with Bible leaving the area at 4:29 PM, and Hannah leaving one minute later. The tape did not show any contact between Bible and Hannah.

Though the State offered testimony by Hannah’s mother, two police officers, and Howell, the only evidence regarding the touching and the surrounding circumstances was supplied by Hannah. It is crucial to examine her testimony closely:

[Prosecutor]: Now at some point while you were up there playing with that toy ..., those toys, did you see him again?
[Witness]: Yes.
[Prosecutor]: Where was he?
[Witness]: He was like walking around me.
[Prosecutor]: Did you ..., did you see his face while he was walking around you?
[Witness]: Yes.
[Prosecutor]: And did you keep playing with the toys?
[Witness]: Yes.
[Prosecutor]: Did he ever stop walking around you?
[Witness]: Yes.
[Prosecutor]: And what did he do?
[Witness]: He like ..., I can’t remember.
[Prosecutor]: Now when you say you can’t remember, you can’t remember if he stopped?
[Witness]: I can’t remember what he was doing.
[Prosecutor]: Okay. Do you remember what he was doing with you?
[Defense]: Objection at this point, Your Honor.
[The Court]: Overruled. You can answer.
[Witness]: No.
[Prosecutor]: Was he playing with toys?
[146]*146[Witness]: No.
[Prosecutor]: Did he talk to you?
[Witness]: No.
[Prosecutor]: Well can you tell the ladies and gentlemen of the jury how close he got to you?
[Witness]: He got like a foot away.
[Prosecutor]: Was he in front of you, or behind you, or next to you?
[Witness]: Behind me.
[Prosecutor]: And when he was behind you, Hannah, did anything happen?
[Witness]: Yes.
[Prosecutor]: Can you tell us what happened?
[Witness]: He touched my behind.
[Prosecutor]: Now did he touch your behind more than once?
[Witness]: Yes.
[Prosecutor]: Can you tell the ladies and gentlemen how he touched your behind?
[Witness]: He touched it like two seconds.
[Prosecutor]: Okay. Was it with his hand?
[Witness]: Yes.
[Prosecutor]: Okay, was it on top of your shorts?
[Witness]: Yes.
[Prosecutor]: And was it on top of your underpants? [Witness]: No.
[Prosecutor]: Did you have shorts ..., did you have underpants on under your shorts?
[Witness]: Yes.
[Prosecutor]: Okay, where was his hand?

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Cite This Page — Counsel Stack

Bluebook (online)
982 A.2d 348, 411 Md. 138, 2009 Md. LEXIS 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bible-v-state-md-2009.