Christopher Smith v. State of Indiana

982 N.E.2d 348, 2013 WL 342678, 2013 Ind. App. LEXIS 37
CourtIndiana Court of Appeals
DecidedJanuary 30, 2013
Docket18A02-1204-CR-331
StatusPublished
Cited by2 cases

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

Bluebook
Christopher Smith v. State of Indiana, 982 N.E.2d 348, 2013 WL 342678, 2013 Ind. App. LEXIS 37 (Ind. Ct. App. 2013).

Opinions

OPINION

BROWN, Judge.

Christopher Smith appeals his conviction for failure to immediately report child abuse or neglect as a class B misdemean- or.1 Smith raises several issues, one of which we find dispositive and restate as whether the evidence is sufficient to sustain his conviction.2 We reverse.

Facts

In November 2010, G.G. was sixteen years old and a student at Muncie Central High School. Smith was the principal at the high school and had held that position for approximately two and one-half years. G.G. had been placed with the Youth Opportunity Center (the “YOC”) pursuant to a dispositional order in March 2010 after being found to be a child in need of services, and the Department of Child Services (“DCS”) and the YOC entered into a contract with respect to G.G.’s placement.

Between 12:20 and 12:25 p.m. on November 9, 2010, G.G. reported to Kathalee-na McCord, who had been an assistant principal at Muncie Central for one and one-half years and had sixteen years of experience in other school systems, that she had been raped in the boys’ bathroom by the pool by S.M. At the time, S.M. was also a sixteen-year-old student at the school. McCord went to Smith’s office and informed him of what G.G. had reported and brought Smith back to her office. McCord asked G.G. to repeat to Smith what had occurred to her, and G.G. told Smith that she had been raped in the bathroom. Smith asked G.G. who committed the act and when it occurred, and G.G. responded that S.M. committed the act in the boys’ bathroom at lunch.

Smith retrieved Jackie Samuels, the associate principal, from her office at 12:38 p.m.3 Smith said “what should we do,” and Samuels stated that they needed to call for the nurse right away. Transcript at 61. Samuels also asked Smith if he wanted her to call the YOC or contact S.M. or the school’s security officers. Smith said “[n]ot yet, call YOC.” Id. Smith radioed for Trudy Anderson, who had been employed as the nurse and medical professional at Muncie Central for three years and had worked for Muncie Community Schools for nineteen years, to come to his office. At approximately 12:40 p.m., Smith informed Anderson that a female student had reported that she had been raped by a male student in a restroom at the school, and Smith directed Anderson to McCord’s office where G.G. was located. Anderson arrived at McCord’s office at approximately the same time that Samuels exited Smith’s office to return to her office to call the YOC.

Also, at some point within five or ten minutes after G.G. disclosed that she had been raped, Samuels informed Smith and McCord that G.G. was the same student who, earlier in the school year, had faked a gran mal seizure in the back hallway of the [351]*351school building.4 Also at some point, McCord stated that she had seen S.M. with a female prior to the beginning of lunch in the back hallway and that she thought she may be able to obtain a video recording of the hallway. Smith told McCord to see if she could “trace their whereabouts during the lunch time,” and McCord went to the camera room and began to review the recordings which took over an hour. Id. at 18.

Anderson entered McCord’s office and observed that G.G. was not audibly crying but did have tears coming down her face and that her face was a little wet from the tears. Anderson noted that, while G.G. was visibly shaken, there were no obvious physical injuries or scratches. Anderson asked G.G., in McCord’s presence, if she was hurt, and G.G. stated that her vagina hurt. Anderson did not pass that information along to Smith at that point. Smith asked McCord to make a written statement of G.G.’s allegations, and McCord entered the office where G.G. and Anderson were present, gave G.G. a pen and clipboard, and told her that Smith had requested that she write the events to the best of her recollection. G.G. did not hesitate, wrote a statement in a few minutes, and was very centered and focused on writing.5 At some point around 12:50 p.m., Smith entered McCord’s office, reviewed the statement G.G. had written, and asked G.G. some questions. Anderson stayed with G.G. and waited for the YOC, as G.G.’s guardian, to be contacted.6 Anderson also noted, during the ninety-minute period she waited with G.G., that G.G.’s condition improved and that she became much more calm and discussed her family, siblings, and pets.

Further, at approximately 12:40 or 12:45 p.m., while Anderson was with G.G. and after Smith had told Samuels to call the YOC, Samuels walked back to her office to call the YOC. Samuels called the switchboard operator at the YOC, who attempted to transfer the call to Cottage 9 where G.G. lived, and there was no answer. Samuels called the YOC switchboard again [352]*352and stated that she needed to talk to a person associated with Cottage 9 immediately, and after a brief time on hold, Crystal Dunigan answered the call. Dunigan stated that she was the acting cottage manager, and Samuels stated that G.G. had reported that she had been raped. Samuels and Dunigan discussed G.G., and Dunigan asked about G.G. and her demeanor. Samuels stated that G.G. was with the nurse and was upset. Samuels then asked Dunigan how G.G. had been doing, and Dunigan stated that G.G. had been doing better. According to Dunigan, Samuels stated that the allegation “was not in the nature of [S.M.]” and that she had “seen [G.G.] make some false allegations of a seizure.” Id. at 141. Dunigan stated that she needed to speak with the counselor and cottage manager, and Duni-gan and Samuels ended the call. Samuels then informed Smith that she had called the YOC and then went to McCord’s office to visit G.G. and see “how was she acting.” Id. at 67.

After the call, Dunigan contacted Justin Wallen, the cottage manager where G.G. resided, and Wallen told Dunigan that she needed to call G.G.’s case manager Annette, who was a part of DCS, for permission for the YOC to take G.G. to the emergency room. Dunigan contacted Annette at DCS soon after 1:00 p.m. and reported the incident, and Annette approved the action of taking G.G. to the emergency room for a rape kit.7 Dunigan then informed Wallen and the counselor of the YOC’s intended actions. Dunigan then informed Samuels that the YOC was sending a staff person to transport G.G. to the emergency room for a rape kit. According to Samuels, Dunigan stated during the conversation that “I know she’s cried wolf before.” Id. at 70. The YOC sent Tameka Ross to transport G.G.8

Meanwhile, between 12:45 and 1:00 p.m., after speaking with Samuels, Smith called the Muncie Central administration building in an attempt to contact Assistant Superintendent Tim Heller. However, Heller was unavailable and Smith was transferred to Joanne MeCowan, the Director of Secondary Education who had been with Muncie Community Schools for seventeen or eighteen years. Smith informed MeCowan that he was trying to reach Heller and explained G.G.’s allegations, that G.G. was a resident of the YOC, and that Samuels had already contacted the YOC. Smith stated “[t]hey questioned if she was being truthful and indicated they would come pick her up and take her to Ball Memorial Hospital.” Id. at 108.

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Related

Christopher Smith v. State of Indiana
8 N.E.3d 668 (Indiana Supreme Court, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
982 N.E.2d 348, 2013 WL 342678, 2013 Ind. App. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-smith-v-state-of-indiana-indctapp-2013.