Commonwealth v. Curley

910 A.2d 692, 2006 Pa. Super. 282, 2006 Pa. Super. LEXIS 3172, 2006 WL 2830022
CourtSuperior Court of Pennsylvania
DecidedOctober 5, 2006
Docket2834 EDA 2005
StatusPublished
Cited by25 cases

This text of 910 A.2d 692 (Commonwealth v. Curley) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Curley, 910 A.2d 692, 2006 Pa. Super. 282, 2006 Pa. Super. LEXIS 3172, 2006 WL 2830022 (Pa. Ct. App. 2006).

Opinion

OPINION BY

LALLY-GREEN, J.:

¶ 1 Appellant, Christopher Scott Curley, appeals from the trial court’s April 22, 2005 judgment of sentence. We affirm.

¶ 2 The trial court recited the procedural history and found the following facts:

Defendant, Christopher Scott Curley, has appealed to the Superior Court of Pennsylvania from the judgment of sentence imposed upon him on April 22, 2005, following his conviction for rape and related offenses committed against A.L., his six-year-old stepdaughter. Defendant was further convicted of criminal attempt to commit involuntary deviate sexual intercourse and indecent assault upon C.R., the twelve-year-old daughter of a famüy friend, and of criminal solicitation of C.R. with the intention of promoting or facilitating involuntary deviate sexual intercourse and indecent assault.
On February 27, 2003, C.R., who was then twelve years old, requested a meeting with her school guidance counselor, Tracy Lee James, and reported to Ms. James that she had been sexually assaulted by defendant on February 14, 2003, during a sleepover with A.L., de *694 fendant’s six-year-old stepdaughter, at defendant’s residence. C.R. reported to Ms. James that she had been awakened during the night by defendant pulling her out from beneath the covers, pulling off her pajamas, and putting “his thing in between her legs.”
Ms. James further testified that C.R. also told her of an incident that had occurred at defendant’s residence on February 26, 2003, the previous day. Specifically, Ms. James reported that C.R. told her that she had been at defendant’s home for a play date with A.L., and that defendant and A.L. had shown her a “game” during which A.L. “put her mouth over defendant’s penis.”
C.R. testified in detail concerning the February 26, 2003 incident at defendant’s trial. C.R. testified that she and A.L. were playing with dolls on a couch in defendant’s basement when defendant joined them. Defendant asked A.L. if she wanted “to show [C.R.] something.” A.L. agreed, and the three sat together on the couch, with C.R. sitting on defendant’s left knee with his arm around her waist and with A.L. kneeling in front of him. At defendant’s direction, A.L. put her hand over C.R.’s eyes. When A.L. removed her hand, C.R. saw that A.L. was sucking on and masturbating defendant’s exposed penis. With his arm still around her waist, defendant asked C.R. to “try it,” but C.R. refused and went upstairs to the bathroom to get away from defendant.
C.R. testified that, at school the following day, she confided to a friend what had happened. 6
When the friend told her that she had to tell an adult, C.R. requested a meeting with Ms. James.
After listening to C.R.’s account of what had happened, Ms. James contacted C.R.’s mother and the police.
Trooper James J. McFadden, a criminal investigator with the Pennsylvania State Police, testified that he was assigned to investigate C.R.’s allegation against defendant, and that he met with C.R. and her mother on February 27, 2003, the date C.R. reported defendant’s activities to Ms. James, memorializing his interview of C.R. in writing.
Elisabeth Siegfried of the Montgomery County Office of Children and Youth testified that, as a result of C.R.’s allegations, an investigation was initiated in regard to the welfare of A.L. Ms. Siegfried testified that, on February 28, 2003, she met with A.L. in the presence of A.L.’s mother and State Trooper Colleen Young at the Pottstown office of Children and Youth. During the course of this interview, A.L. told Ms. Siegfried about a “game” she played with defendant in the basement of defendant’s residence while her mother was at work. A.L. refused to provide Ms. Siegfried with details of this game, reporting only that it was “secret” and “nasty.”
Ms. Siegfried testified that, following her interview with A.L., and upon review of the report of a clinical sociologist who subsequently interviewed A.L., she filed a report on April 22, 2003 to the effect that, with A.L. unwilling to talk further about the “game,” she was unable to substantiate that A.L. had suffered sexual abuse as of that date. Meanwhile, criminal charges were brought against defendant for his alleged actions against C.R. Ms. Siegfried testified that Children and Youth’s investigation of the possible sexual abuse of A.L. was reopened following defendant’s May 8, 2003 preliminary hearing on those charges and that, as a *695 result of the renewed investigation, her office ultimately took custody of A.L. pursuant to an order of the Honorable S. Gerald Corso, President Judge of this court.
Wendy Demchick-Alloy, Esquire, testified that she was the prosecuting attorney at defendant’s preliminary hearing on the charges brought against him for his actions involving C.R. Ms. Dem-chick-Alloy testified at defendant’s trial that, following the preliminary hearing — during which C.R. testified to defendant’s actions against A.L. — she met with A.L. at A.L.’s foster home on May 23, 2003, in the company of Richard Simon, Esquire, A.L.’s Child Advocate, and A.L.’s foster mother. During the initial stages of this meeting, Ms. Dem-chick-Alloy attempted to put A.L. at ease by coloring pictures with her and discussing “light” topics. Ms. Dem-chick-Alloy then explained to A.L. her role as a prosecutor and asked A.L. if she had anything she wanted to tell her. A.L. said that she did, but insisted that Mr. Simon and her foster mother leave the room. A.L. then made a statement to Ms. Demchick-Alloy, the substance of which was memorialized in a statement Ms. Demchick-Alloy made to Trooper McFadden. A.L. reported to Ms. Dem-chick-Alloy that defendant put his “hot dog” into her mouth. Ms. Demchick Alloy testified:
And at this point, [A.L.] is sobbing, a painful gut-wrenching sob, kind of taking a deep — taking a deep breath when kids really are sobbing, and holding on to me.
And when I asked her, “Did he put it anywhere else,” she pointed down to her genitals.
Trooper McFadden testified that, following A.L.’s statement to Ms. Dem-chick-Alloy, he interviewed A.L. at A.L.’s foster home on June 26, 2003. Trooper McFadden testified that A.L. was distraught and reluctant to talk to him, but that she ultimately told him that defendant had been putting his “hot dog” in her mouth since she was four years old.
A.L. herself testified at defendant’s trial. Although clearly reluctant to discuss what had happened to her, A.L. ultimately testified that she and defendant played a “game” in defendant’s basement during which defendant put his “stick” in her mouth and made her “suck on” it. A.L. further testified that defendant touched her “private parts” with his “stick.”
The jury returned its verdict on April 19, 2004. On April 22, 2005, following a presentence investigation, defendant appeared before the undersigned for sentencing.
With respect to defendant’s crimes against A.L.

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Cite This Page — Counsel Stack

Bluebook (online)
910 A.2d 692, 2006 Pa. Super. 282, 2006 Pa. Super. LEXIS 3172, 2006 WL 2830022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-curley-pasuperct-2006.