Brownlee v. State

197 So. 3d 1024, 2015 Ala. Crim. App. LEXIS 90, 2015 WL 6443131
CourtCourt of Criminal Appeals of Alabama
DecidedOctober 23, 2015
DocketCR-14-0522
StatusPublished
Cited by3 cases

This text of 197 So. 3d 1024 (Brownlee v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brownlee v. State, 197 So. 3d 1024, 2015 Ala. Crim. App. LEXIS 90, 2015 WL 6443131 (Ala. Ct. App. 2015).

Opinions

KELLUM, Judge.

William Brownlee was convicted of one count of sodomy in the second degree, a violation of § 13A~6-64(a)(l), Ala.Code 1975, and one count of sexual abuse in the second degree, a violation of § 13A-6-67(a)(2), Ala.Code 1975. He was sentenced to 20 years’ imprisonment for the sodomy conviction and to 1 year’s imprisonment for the sexual-abuse conviction.

The evidence adduced at trial indicated the following. D.D.H., who was 16 years old at the time of trial, testified that she had been repeatedly sexually abused by both her parents throughout her life. When asked how long the abuse had been going on, D.D.H. responded: “There’s not a time where I. don’t remember.” (R. 256.) D.D.H. said that her parents would also allow other people to sexually abuse her, including William Brownlee, a friend of D.D.H.’s father. D.D.H. testified that on one occasion while she was living in Stockton with her parents, Brownlee came over with two of his relatives who were minors; her father and her two brothers were also at the house. D.D.H. said that her father sent the four other children to a bedroom [1027]*1027and then he and Brownlee told her to follow them into her parents’ bedroom. According to D.D.H., Brownlee “took his clothes off and then took mine off, and Daddy made us do the 69. He made [Brownlee] get on top of me.” (R. 259.) D.D.H. stated that “69” was “where you give the guy a.blow job while he licks your vagina.” (R. 259.) Specifically, D.D.H. stated-that she was lying on her back on the bed, that Brownlee got on top of her, that her father “forced [Brownlee’s] penis into my mouth,” and that Brownlee then started “moving up and down” while he “[l]ick[ed] my vagina.” (R. 259-61.) D.D.H. said that Brownlee then got off of her, pulled her down to the foot of the bed, and “perform[ed] oral sex on” her again. (R. 263.) Specifically, D.D.H. testified that Brownlee “lick[ed] my vagina. He opened it with two fingers and licked me.” (R. 264.) During this time, D.D.H. said, her father was “sitting off over towards the side masturbating.”' (R. 263.) When asked how old she was at the time of the incident, D.D.H. testified that she could not remember. When then asked if she was over the age of 12 when thé incident occurred, D.D.H. answered “No, ma'am.” (R. 274.) However, she then stated that she was “[p]robably eleven or twelve.” (R. 274.) D.D.H. testified that she' was born on August 18,1998.

The State also elicited testimony from D.D.H. regarding other incidents of abuse by Brownlee. The State elected during trial to rely solely on the incidents described above to support the charges of second-degree sodomy and second-degree sexual abuse, and it offered the testimony regarding other incidents pursuant to Rule 404(b), Ala. R. Evid. D.D.H. testified that on another occasion at the Stockton house, Brownlee came over while she was alone with her father. D.D.H. said that her father held her down and “I was giving Daddy a blow job while [Brownlee] was performing oral sex on me.” (R. 266.) D.D.H. said that on another occasion, her uncle and Brownlee came over and her father videotaped them as her uncle and Brownlee took turns performing oral sex on her while, she performed oral sex on them. On yet another occasion, D.D.H. said, her father took her to Brownlee’s mobile home in Mobile. Brownlee .was on the bed under a blanket and was naked from the waist down. D.D.H. said that her father “took off my pants and shoes and underwear, and ... made me get on top of’ Brownlee. (R. 269.) According to D.D.H., Brownlee started kissing her, but then said “if she doesn’t want to do this, she doesn’t have to,” at which point D.D.H. got off Brownlee and went to the car. (R. 270.)

D.D.H. further testified that sometime in 2011, Brownlee, Brownlee’s wife, and Brownlee’s stepdaughter came to live with her and her. parents in Fairhope. D.D.H. said that she and her parents lived in Fairhope after they had lived in Stockton. While they were living in Fairhope, D.D.H. said, there was one occasion when Brown-lee came up behind her and put his hands around her stomach “and then he moved them up towards my boobs and started kissing my neck,” at which point she “nudged him away.” (R. 273.) On another occasion in Fairhope, D.D.H. said, Brownlee performed oral sex on her.

Pursuant to Rule 404(b), Ala. R. Evid., the State also presented testimony from T.H. and H.B. T.H., who was 19 years old at the time of trial, testified that when she was 12 years old she learned that D.D.H.’s father was also her biological father and she began a. relationship with him. When she was 12 or 13 years old, her father took her to the Red Roof Inn, a motel in Mobile, where she met Brownlee. Her father told her that Brownlee “was going to do what Dustin did.” (R. 336.) T.H. said [1028]*1028that her father had previously taken her to have sex with a man named Dustin. T.H. told her father that she did not want to have sex with Brownlee, but her father told her that she “needed to.” (R. 337.) T.H. testified that she sat down on the bed and that Brownlee sat beside her. Brown-lee began kissing her and touching her body and then took off her clothes. Brownlee then “started performing oral sex” on her. (R. 339.) After a while, T.H. said, Brownlee removed his clothes and had sexual intercourse with her. T.H. said that her father watched as Brownlee had intercourse with her. After Brownlee was finished, T.H. said, she and her father left the motel.

H.B., who was 23 years old at the time of trial, testified that Brownlee was her stepfather. In 2003, when -she was 12 years' old, Brownlee sexually abused ■ her. H.B. testified that while she was trying to sleep on a mattress on the floor at her mother and Brownlee’s mobile home in Mobile, Brownlee “rolled- up against me, and he was feeling all over my body.” (R. 353.) According to H.B.S- Brownlee “was feeling all over my body, he had his hand down in my pants, he had his penis on my butt trying to actually have sex with me, and I told him to stop.”' (R, 353.) H.B. then got up and got on the sofa with her stepsister, at which point Brownlee left her alone. H.B. said- that she reported the abuse to her biological father and later to the authorities, but that her father subsequently told her that there was not enough evidence to prosecute Brownlee.

Dr. Jessica Kirk, a pediatrician at the University of South Alabama Children and Women’s Hospital who is board-certified in child-abuse pediatrics and who was deemed an expert by the trial court, testified that “less than one percent of the time would you have any physical trauma” from oral sex and with “any form of sexual abuse over 72 hours [after the abuse], it’s very difficult to see any signs of trauma if they were there, because that área is so incredibly quick healing ... that the injuries heal back to what looks normal in over ninety percent of cases.” (R. 314.) Dr. Kirk further testified that rape kits to collect samples from victims are generally only performed if the abuse occurred within 72 hours of being reported. Finally, Dr. Kirk stated that it is “extremely typical” for a child to not disclose everything that happened when first reporting abuse. (R. 315.)'

The State also presented evidence indicating that Brownlee was interviewed by law-enforcement officers on two occasions in 2012 regarding D.D.H. Donnie Payne, an investigator with the Baldwin County Sheriffs Office, testified that he and Eric Winberg, also an investigator with the Baldwin County Sheriffs Office, interviewed Brownlee on July 22, 2012. During that interview, Brownlee denied any wrongdoing.

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Bluebook (online)
197 So. 3d 1024, 2015 Ala. Crim. App. LEXIS 90, 2015 WL 6443131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brownlee-v-state-alacrimapp-2015.