Edmonds v. Commonwealth

433 S.W.3d 309, 2014 WL 2773778, 2014 Ky. LEXIS 229
CourtKentucky Supreme Court
DecidedJune 19, 2014
DocketNo. 2012-SC-000395-MR
StatusPublished
Cited by16 cases

This text of 433 S.W.3d 309 (Edmonds v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edmonds v. Commonwealth, 433 S.W.3d 309, 2014 WL 2773778, 2014 Ky. LEXIS 229 (Ky. 2014).

Opinions

Opinion of the Court by

Justice NOBLE.

Appellant, Brian Dewayne Edmonds, appeals his convictions for first-degree sodomy, intimidating a participant in the legal process, second-degree wanton endangerment, third-degree terroristic threatening, and being a Persistent Felony Offender (PFO) in the first degree. On appeal, he alleges two errors. First, he argues the trial court failed to properly limit the testimony of the sexual assault nurse examiner, and thereby committed reversible error. Second, Appellant argues the trial court erred by failing to grant his motion for a directed verdict on the charge of intimidating a witness in the legal process. For the reasons stated herein, the Court affirms Appellant’s convictions and sentence.

I. Background

On July 14, 2010, twenty-year-old J.H. reported she had been sexually assaulted by Appellant, her boyfriend at the time. The couple lived together in an apartment with her three children when the sexual assault occurred. According to J.H., there was tension between the couple because she was attending school and had reconnected with some old friends on Facebook. She also suspected Appellant harbored resentment toward her because she had recently had an abortion.

On the evening of July 13, J.H. was in the living room of her apartment, wearing only a t-shirt, when Appellant became upset with her around midnight, after he discovered she was using her cell phone to send a Facebook message to a male friend. He attacked J.H. after he asked her if she wanted him to leave, and she replied, ‘Yes, if you want to.”

J.H. testified Appellant choked her and dragged her by the hair into their bedroom. He repeatedly asked her why she was doing this to him, why she did not love him, and stated she should not have killed their baby, referencing the abortion she had earlier that year.

Appellant had a gun during the attack, and threatened J.H. with it repeatedly. He removed her t-shirt and used a roll of duct tape that had been sitting on the couple’s nightstand to bind her legs together. Appellant then grabbed a tube of Neosporin and spread it on his penis, turned J.H. over so she was laying face down on the bed, and inserted his penis into her anus.

J.H. testified that Appellant had smothered her during the attack by pressing her face into the bed, and that the anal intercourse continued for approximately two minutes before she started to bleed. Appellant then retrieved a towel and bucket of water, wiped away blood from both of them, and then penetrated her vagina with his penis.

Appellant eventually allowed J.H. to go into the living room near the air conditioner because she complained she could not catch her breath. She wrapped herself in a sheet from the bed. He had told her she could not leave the apartment, but when he went to the bathroom, she escaped and ran toward two men who happened to be outside under a tent, where they had hooked up a television and were, in J.H.’s words, “playing games.” Outside, she saw a friend, and ran to him asking to use his phone. Because of her state, he asked her why she wanted to use the phone, and she told him to call her mother. But as she took the phone and began to dial, Appellant ran out of the apartment and knocked [312]*312the phone out of her hand. She ran around the tent, with him chasing her and waving his gun.

He chased her back toward their apartment, and she held on to a railing to keep him from dragging her inside. He continued hitting her and trying to drag her inside. Her friend approached, telling him to stop, and stating that his mother had called the police. Defiant, Appellant continued trying to drag J.H. inside, screaming that it was too late, he had already messed up and that he would shoot it out with the police. But before the police arrived, he took J.H.’s cell phone and keys and fled the scene.

After an investigation, J.H. was transported to the hospital. A warrant was issued for Appellant’s arrest, and he was eventually taken into custody.

At trial, Appellant was convicted of first-degree sodomy, second-degree wanton endangerment, intimidating a participant in the legal process, third-degree terroristic threatening, and being a first-degree PFO. He was found not guilty of first-degree rape. Appellant was sentenced to thirty years’ imprisonment.

He now appeals his conviction and sentence as a matter of right. See Ky. Const. § 110(2)(b).

II. Analysis

A. Testimony of the Sexual Assault Nurse Examiner

Appellant argues that Melissa Ed-lin, a sexual assault nurse examiner (or SANE), was improperly allowed to testify as to hearsay statements of the victim and to give her opinion about the source of the victim’s injuries.1 “Rulings upon admissibility of evidence are within the discretion of the trial judge; such rulings should not be reversed on appeal in the absence of a clear abuse of discretion.” Simpson v. Commonwealth, 889 S.W.2d 781, 783 (Ky. 1994). Having reviewed the record, we find the trial court did not abuse its discretion in admitting Edlin’s testimony.

Edlin examined J.H. at the University of Louisville Hospital after the sexual assault. As part of her examination, Edlin interviewed J.H., examined and documented her injuries, collected items for forensic analysis, and prepared a written report. She testified about her findings at trial, frequently reading them from her report. Of particular significance, she repeated various statements from the victim about what had happened to her, including the victim’s specific statement “We never had anal intercourse,”2 and testified that the victim’s injuries to her neck were consistent with what the victim had reported.

Appellant argues that the totality of Ed-lin’s testimony was inadmissible because it served only to corroborate the victim’s testimony by proof that she had previously made the same statements to Edlin, and it was not proper prior-consistent-statement testimony absent a recent claim of fabrication or improper influence. Thus, in Appellant’s view, Edlin’s testimony was dupli-cative and without its own probative force, [313]*313and its admission acted only to bolster the victim’s testimony. This, Appellant claims, is clearly forbidden under Kentucky law. See Dickerson v. Commonwealth, 174 S.W.3d 451, 472 (Ky.2005) (“It is improper to permit a witness to testify that another witness has made prior consistent statements, absent an express or implied charge against the declarant of recent fabrication or improper influence. KRE 801A(a)(2). Otherwise, the witness is simply vouching for the truthfulness of the declarant’s statement, which we have held to be reversible error.”); Smith v. Commonwealth, 920 S.W.2d 514, 517 (Ky.1995) (“[A] witness cannot be corroborated by proof that on previous occasions he has made the same statements as those made in his testimony.” (quoting Eubank v. Commonwealth, 210 Ky. 150, 275 S.W. 630 (1925))).

Appellant’s argument is misguided, however. That the statements repeated by the SANE were consistent with the victim’s trial testimony does not mean they automatically fall under the rule discussed in Dickerson and Smith.

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Cite This Page — Counsel Stack

Bluebook (online)
433 S.W.3d 309, 2014 WL 2773778, 2014 Ky. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edmonds-v-commonwealth-ky-2014.