In Re Susan

411 A.2d 296, 122 R.I. 677, 1980 R.I. LEXIS 1432
CourtSupreme Court of Rhode Island
DecidedFebruary 11, 1980
Docket79-149-Appeal
StatusPublished
Cited by12 cases

This text of 411 A.2d 296 (In Re Susan) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Susan, 411 A.2d 296, 122 R.I. 677, 1980 R.I. LEXIS 1432 (R.I. 1980).

Opinion

*679 Doris, J.

This is an appeal by the respondent juvenile from a decree of the Family Court adjudicating her to be delinquent under G.L. 1956 (1969 Reenactment) §14-l-3(f) 1 for having struck and injured a certified public school teacher in violation of §ll-5-7 2 and also from a decree placing the respondent under the supervision of the probation department for a period of one year on the condition that she do some volunteer work in the community. Pending disposition of this appeal, a stay of the probation order was granted by this court.

The record indicates that on April 28, 1978, the East Greenwich Police Department filed a petition in Family Court alleging that respondent was a delinquent because she had knowingly and willfully struck Eileen L. Geigen (Geigen), a certified public school teacher in East Greenwich, causing her bodily harm. Two different versions of the incident were testified to at the hearing before a justice of the Family Court. Geigen testified that on April 25, 1978, a conference was held at East Greenwich High School in regard to Susan’s performance in class. Present at the conference were Susan, her parents, Geigen, and other teachers. Geigen stated that Susan, who was visibly upset, left the conference and went to the school’s office where she obtained a hallway pass in order to proceed to her physical education class. Geigen testified that she observed Susan walking in an *680 opposite direction from the location where the physical education class was being held, and told Susan to proceed to the gymnasium locker room. At this point, Geigen was following Susan since, according to her, it was her responsibility to make sure that Susan went to her physical education class. In order to proceed to the girls’ locker room area it was necessary to pass through several doors. Geigen stated that Susan passed through one of the doors and then turned and pulled the door shut, which caused Geigen to be caught in the door and to yell “ouch.” Susan, according to Geigen, then held the door pinned against her for about ten or fifteen seconds. Geigen stated that her arm, hip, and thigh were pinned between the door and the doorjamb, that the fingernail on her right ringfinger was broken, and that the ringfinger turned red and immediately began to swell. Geigen stated that Susan then released the door, went toward the girls’ locker room door and yelled that she would punch Geigen. Geigen testified that Susan then pinned her between the door and doorjamb of the locker room door for about fifteen seconds, after which Susan reported to the physical education class. Geigen denied that she had pulled Susan’s sweater.

Geigen testified that she reported the incident to the assistant principal and then visited the school nurse, who applied ice packs to her hand and leg and advised Geigen to go to the hospital at the end of the day. Geigen stated that at the end of the day she reported the incident to the police and that she was examined at the South County Hospital.

The school nurse testified that Geigen visited her on the morning of April 25, 1978, that she observed a broken fingernail on her right ringfinger, which was swollen and red, and that Geigen’s thigh was red, warm, and apparently bruised. The nurse said that she advised Geigen to keep her leg elevated, to apply ice packs, and to visit the hospital emergency room at the end of the day.

Susan, who at the time of the hearing had finished high school and was in the process of applying for college admission, told a different story. She admitted that Geigen had fol *681 lowed her toward the girls’ locker room. She denied that she had pinned Geigen in either door. She stated that she never heard the teacher say “ouch.” Susan testified that as she went through the second door, Geigen grabbed her by the arm and the hood of her sweater and that she then nudged Geigen and told her “to get her hands off of me.” She denied that the incident occurred as described by Geigen.

Gina Toro, a classmate and friend of Susan, testified that she witnessed the incident. She stated that, although Geigen and Susan had argued and were angry, Susan did not pin Geigen in either of the doors. Gina testified that Geigen grabbed Susan by the hood of her sweater.

The trial justice reviewed the testimony and stated that since there was a conflict in the testimony, the issue was one of credibility. He noted that “all of the witnesses appear to be most creditable and in my mind I cannot feel that any person or any of the witnesses in this matter are not telling it as they best recall it.” The trial justice, continuing, stated:

“The complaining witness went to the nurse in close enough proximity to this situation so that the Court is satisfied that there must have been something that occurred that caused the injury to the complaining witness. There has been absolutely no testimony to the Court to indicate anything else that may have happened other than as the complaining witness tells her story. If there had been some contact between the complaining witness and any other person, place or thing that the Court could consider, there would possibly be some doubt in my mind as to how this injury occurred. I am satisfied, and I find that the petitioner was injured as she has stated. There is no explanation other than the facts as she has stated, and I am satisfied that it was through the conduct of the respondent in this matter that the complaining witness was injured, and I find that the Town of East Greenwich has proved beyond a reasonable doubt that the respondent in this case did knowingly strike one Eileen L. Geigen, a certified public school teacher causing her bodily injury.”

*682 The trial justice on March 8, 1979, entered a decree adjudging Susan to be delinquent - from which decree, respondent has appealed. Thereafter, after receiving a presentence report, the trial justice entered a decree placing Susan under the supervision of the probation department for one year with the condition that she do some volunteer work in the community. The respondent has also appealed from that decree, the operation of which was stayed by this court pending disposition of respondent’s appeal.

The respondent on appeal contends that the trial justice erred in adjudging her delinquent. She argues that since the trial justice indicated that all the witnesses were credible, that he could not have found beyond a reasonable doubt that she had violated §11-5-7.

The petitioner states that even though the trial justice said that he thought all of the witnesses appeared to be credible and to be telling it as they best recalled it, he nevertheless found that he believed Geigen’s account of the incident and that said finding was not clearly wrong.

In a criminal prosecution the state is bound to prove each and every element of an offense beyond a reasonable doubt. State v. Welch, 117 R.I. 107, 109, 363 A.2d 1356, 1358 (1976); State v. Koohy, 105 R.I.

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Bluebook (online)
411 A.2d 296, 122 R.I. 677, 1980 R.I. LEXIS 1432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-susan-ri-1980.