Golden v. State

984 So. 2d 1026, 2008 WL 305618
CourtCourt of Appeals of Mississippi
DecidedFebruary 5, 2008
Docket2005-KA-00111-COA
StatusPublished
Cited by5 cases

This text of 984 So. 2d 1026 (Golden v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Golden v. State, 984 So. 2d 1026, 2008 WL 305618 (Mich. Ct. App. 2008).

Opinion

984 So.2d 1026 (2008)

George GOLDEN a/k/a George Lee Golden a/k/a George L. Golden, Jr., Appellant
v.
STATE of Mississippi, Appellee.

No. 2005-KA-00111-COA.

Court of Appeals of Mississippi.

February 5, 2008.
Rehearing Denied June 10, 2008.

*1027 Whitman D. Mounger, Greenwood, attorney for appellant.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

Before MYERS, P.J., GRIFFIS and CARLTON, JJ.

CARLTON, J., for the Court.

¶ 1. George Golden was convicted of fondling his seven-year-old daughter. The Washington County Circuit Court sentenced him to serve fifteen years in the custody of the Mississippi Department of Corrections. Golden's post-trial motions were denied. He appeals and raises the following six issues:

I. Whether the trial court erred in accepting the State's race and gender-neutral reasons for peremptorily striking five prospective jurors.
II. Whether the trial court erred by admitting the testimony of Jan Sample, clinical director, Family Crisis Services, and the videotape of her interview with the victim.
III. Whether the trial court erred by allowing Jan Sample to testify as to the veracity of the victim.
IV. Whether the trial court erred in denying Golden's motion for a new trial.
V. Whether the trial court erred in refusing to grant Golden's motion for a directed verdict, his request for a peremptory instruction, and his motion for judgment notwithstanding the verdict.
*1028 VI. Whether Mississippi Code Annotated section 97-5-23 (Rev.2006) comports with equal protection.[1]

¶ 2. We find no error and affirm.

FACTS

¶ 3. Sally often spent weekends with her father, Golden.[2] On the evening of November 14, 2003, Sally, then age seven, went to Golden's residence for an overnight visit. She testified that, while she was watching television in the bedroom, Golden pulled her pants and panties down and licked her vagina three or four times and, for no reason, just stopped. Sally testified that she wanted to call her mother to come and get her after this incident, but Golden took away all of the phones to prevent this. Shortly thereafter, Golden's brother, James, arrived at the residence, and Golden asked James to take Sally home. On the evening Sally returned to her mother's home, the only person she told of the fondling was her nine-year-old aunt. The following morning Sally told her great-grandmother about the incident. Her great-grandmother instructed Sally to go into the front of the house and tell her mother what had happened. She went into the front of the home and told her mother and grandmother what Golden did to her.

¶ 4. Sally's mother and grandmother briefly went over to Golden's residence to confront him. Golden denied fondling Sally. The mother and grandmother then returned home and called the Greenville Police Department to report the alleged incident. Sally repeated the story to the police and was then taken to the hospital for examination. No DNA or other evidence was recovered in the examination, possibly because during the time that the mother and grandmother went to confront Golden, Sally took a bath because she was anticipating a shopping trip to J.C. Penny's.

¶ 5. Following a hearing pursuant to Mississippi Rule of Evidence 803(25), the circuit court ruled that it would allow the testimony of Sally's mother, grandmother, and great-grandmother, as well as Daryl Saxton, a detective with the Greenville Police Department, and Jan Sample, clinical director of Family Crisis Services in Oxford, Mississippi, as well as the introduction of a video interview of Sally done by Sample. The circuit court ruled that all statements were admissible under Rule 803(25) as "they suppl[ied] the substantive indicia of reliability."

¶ 6. Sally's mother, grandmother, and great-grandmother all testified consistently with Sally in terms of what Sally told them. None of them testified that Sally seemed upset or behaved in any odd way after she returned from Golden's house.

¶ 7. Saxton testified that he spoke with Sally on the morning of November 15, 2003. Sally told him that, on the previous evening, she was at Golden's house. Sally explained that she was watching television in a back bedroom when Golden took her pants and panties off, spread her legs open and licked her vagina three or four times. Sally told Saxton that when Golden was through, she told him that she wanted to call her mother, but Golden hid all of the phones in order to prevent her from calling. Saxton stated that he had Sally transported to Delta Regional Medical Center for examination. He testified that Sally was calm, though her mother appeared emotionally upset. Saxton tried to *1029 talk to Golden several times, but he was not at home. Unable to contact Golden, Saxton had a warrant issued for his arrest. Golden was apprehended ten days later. After Saxton read Golden his rights, Golden signed a waiver and gave a voluntary statement in which he denied fondling Sally.

¶ 8. Golden denied fondling Sally. Golden's statement indicated that he and his girlfriend at the time, Shanta Pork, were at his house on the night in question. He stated that Sally was in a front room playing on the computer while he and Pork were watching television in a back room. According to Golden, Sally kept coming to the back to try and get him to come play with her on the computer. He told her no — that he wanted to watch television with his girlfriend. Sally got upset and said that she was going to call her mother and tell on him. Golden said he called Sally's grandmother to come get her, but she said that she could not drive after dark. Shortly thereafter, his brother, James, came by and took Sally home.

¶ 9. The last witness to be called by the State was Sample, the Clinical Director of Family Crisis Services in Oxford, Mississippi. Without objection, Sample was qualified as an expert in forensic interviewing by the circuit court. Sample interviewed Sally on July 23, 2004, for approximately twenty-eight minutes. After Sample discussed the methods and procedures employed during the interview, the State introduced the videotape of the interview and played it for the jury. Sample then testified that, based on "the consistency of report" and "[Sally's] whole demeanor," the details of Sally's interview were consistent with a child who has been sexually abused. Sample then testified, in a response to a question from the State, that she believed that Sally was telling the truth.

¶ 10. The defense called Pork, Golden's live-in girlfriend. Pork testified that she, Golden, and Sally were the only people in the house. She stated that Sally was in the front of the house playing on a computer, and she and Golden were in a back bedroom of the house. Pork testified that Sally came into the bedroom to get Golden to go to the front of the house with her, and that Golden went back and forth between the two rooms.

¶ 11. At the close of the evidence, the jury returned a verdict of guilty. Golden's motion for judgment notwithstanding the verdict or, in the alternative, for a new trial was denied. Aggrieved, Golden appeals.

DISCUSSION

I. Whether the trial court erred in accepting the State's race and gender-neutral reasons for peremptorily striking five prospective jurors.

¶ 12. Golden is an African American male.

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Cite This Page — Counsel Stack

Bluebook (online)
984 So. 2d 1026, 2008 WL 305618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/golden-v-state-missctapp-2008.