Billingsley v. State

2003 WY 61, 69 P.3d 390, 2003 WL 21135699
CourtWyoming Supreme Court
DecidedMay 19, 2003
Docket01-120
StatusPublished
Cited by17 cases

This text of 2003 WY 61 (Billingsley 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
Billingsley v. State, 2003 WY 61, 69 P.3d 390, 2003 WL 21135699 (Wyo. 2003).

Opinion

GOLDEN, Justice.

[T1] Appellant Richard Billingsley was convicted of five counts of sexual intrusion against his three daughters. He was sentenced to three consecutive life sentences, plus two sentences of ten to twenty years to be served consecutively to the life sentences and consecutive to each other. He challenges that conviction, contending that the complaining witnesses had been improperly coached and influenced, the trial court erred in not permitting a defense expert's psychological examination and testimony, and the trial court erred by admitting the State's expert testimony at trial. We affirm.

ISSUES

Billingsley states the issues as:

1. Did improper coaching and influence of the complaining witnesses render them incompetent to testify at trial?
2. Should the appellant's psychologist have been pérmitted to examine the girls to determine whether they had been improperly coached and influenced?
3. Did the lower court commit reversible error by allowing the prosecution's expert witness to testify about societal misconceptions of sexual abuse victims?
4. Did the lower court commit reversible error by allowing the prosecution's expert witness to testify about her diagnoses of the complaining witnesses?
5. Did the lower court commit reversible error by allowing the prosecution's expert witness to testify about what the complaining witnesses told her about what their father had done to them?
6. Did the lower court commit reversible error by allowing the prosecution's expert witness to testify outside of the scope of her designation by the prosecution?

The State presents these issues:

I. Did the district court abuse its discretion in determining that the child victims were competent to testify?
II. Did the district court abuse its discretion when it refused to allow appellant's expert to examine the child victims and to testify at the competency hearing regarding them?
III. Was the testimony of the State's expert witness properly admitted?

FACTS

In June of 1999, Billingsley and his wife moved to Cheyenne with two of their three daughters. In July, their eldest daughter, who had been living out of state with her grandparents, joined them. Bill-ingsley's brother, Ben, and Ben's wife, Mari, also lived in Cheyenne, and on the last weekend of January 2000, the three daughters of Billingsley, C.B, age 12, S.B, age 11, and B.B., age 10, spent a weekend with their Aunt Mari and Uncle Ben. On Saturday, Mari and C.B. went to the library to research a science project. S.B. had requested that her aunt get a book about menstruation, and Mari checked out a book entitled "The Teenagers' Guide to Sex and Their Bodies." S.B. looked through the book that day and later told her aunt that S.B.'s father had been sexually abusing her and both of her sisters. Both S.B. and C.B. claimed that their father had engaged in sexual intercourse with all three girls for a number of years. Wanting to ascertain the girls' understanding of the meaning of "sex," Mari asked both girls a number of specific questions over many hours that weekend. The elder daughter was given a home pregnancy test which was negative. At their parents' request, the girls returned home on Sunday evening, and Mari and Ben notified authorities on the next Monday.

Detective Crumpton recorded an interview with C.B. at her elementary school *394 on Monday afternoon in the presence of a school counselor. When asked if C.B. knew why the detective was there, C.B. responded, "because my dad has been having sex with me." CB. kept a diary for several years that she wrote in sporadically. Months earlier, she had written: 1

Dear Diary, my name is [C.B.]. I'm being treated bad. By my dad. He did something that he should not have done. He has had sex with me. I told him no. But he does not listen to me. But one day, Oct. 3, '98 to be exact I told him no and he listened for once. And he promised that he would not do it again, and he hasn't. So me and him are getting along now. He still asks once in a while, but I say no! The problem is that I am his daughter. And I am too young to start to have sex. Because I am only 11 years old. And if my mom ever found out, their marriage would end. That's why I don't tell!

Later that day, C.B. was examined by Dr. Shana Tubach, a pediatrician. . C.B. revealed to Dr. Tubach that C.B.'s father had been sexually abusing her for several years. The next day Dr. Tubach conducted a physical examination of C.B. that revealed that hymen tissue was no longer intact, an indicator of sexual activity. A physical examination of S.B. showed no evidence of recent sexual abuse; however, a physical examination of B.B. indicated that hymen tissue was no longer intact. On February 1 and 3, 2000, Lynn A. Huylar, project director for Safe Harbor, a children's justice advocacy center, conducted a videotaped interview of C.B. and her sisters. All three girls talked about numerous instances of sexual abuse over several years by their father.

[T6] From this investigation, Billingsley was charged with one count of unlawfully inflicting sexual intrusion on C.B. during the period of June 1, 1999, to November 1, 1999, in violation of Wyo. Stat. Ann § 6-2-303(a)(vi) (person in position of authority causes victim to submit); two counts of unlawfully inflicting sexual intrusion on S.B. during the period of June 1, 1999, to January 31, 2000, in violation of Wyo. Stat. Ann. § 6-2-303(a)(v) (vietim less than twelve years old and actor four years older than victim); and two counts of unlawfully inflicting sexual intrusion on B.B. for the same period and in violation of the same statute.

[T7] Months later, in August of 2000, Dr. Gay Deitrich-MacLean, clinical psychologist, interviewed the three girls in preparation for testifying as a State expert at Billingsley's trial. Billingsley requested that his forensic psychologist be permitted to examine the three girls, but that examination was denied; however, the psychologist submitted an affidavit in which she stated that her examination of the video and audio tapes of the girls' interviews indicated coaching and tainted testimony. Billingsley contended that Mari was feuding with him over an incident where he had shot at her and her baby with a shotgun, and in retribution she had tainted the three girls' memory by coaching them. A competency hearing was held before trial testimony began. Billingsley's expert was not permitted to testify at the hearing, and the girls were found competent to testify.

[¶8] At trial, the State's witnesses included Ben and Mari, Dr. Tubach, Dr. Deit-rich-MacLean, Dr. Huylar, Detective Crumpton, and the school counselor, with each testifying about statements the girls made to them consistent with the allegations the girls had made against their father. The three girls also testified. C.B. testified to being sexually assaulted by Billingsley in Cheyenne sometime in July of 2000, and stated that he sexually assaulted her once or twice each month. S.B. testified to several instances of abuse by her father while in Cheyenne. B.B.

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Bluebook (online)
2003 WY 61, 69 P.3d 390, 2003 WL 21135699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billingsley-v-state-wyo-2003.