James v. State

49 P.3d 1120, 2002 Alas. App. LEXIS 129, 2002 WL 1397275
CourtCourt of Appeals of Alaska
DecidedJune 28, 2002
DocketA-7690
StatusPublished
Cited by2 cases

This text of 49 P.3d 1120 (James v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James v. State, 49 P.3d 1120, 2002 Alas. App. LEXIS 129, 2002 WL 1397275 (Ala. Ct. App. 2002).

Opinions

OPINION

STEWART, Judge.

A jury convicted Daryle D. James of see-ond-degree sexual abuse of a minor1 and second-degree sexual assault.2 On direct appeal, we affirmed James's convictions and sentence.3 James filed an application for post-conviction relief, and James now appeals the superior court's dismissal of his application.

James argues that the superior court erred when it dismissed his claim that he was entitled to a new trial because the only eyewitness to his sexual misconduct recanted. But the superior court held a hearing on this claim at which the recanting witness testified. The court made findings on the testimony presented and denied James's claim. We affirm the superior court because its findings rejecting this claim are not clearly erroneous.

James also argues that the superior court erred when it dismissed his remaining claims before his attorney gave a detailed explanation of why those claims lacked merit.4 Because of the unusual factual cireumstances in James's case, we agree with James for the reasons stated below. Accordingly, we vacate the dismissal of those remaining claims and remand for further proceedings.

Discussion

The recanting witness claim

The underlying criminal case arose on June 12, 1994. Following a dance in Ketchi-kan, a group of teenagers gathered in a Saxman home for a late night party. Several adults were also drinking at the house. While at the party, thirteen-year-old E.F. became intoxicated, eventually passed out, and has no recollection of the early morning hours of June 12. ' ~

At some point in the night, E.F. had sex with M.C. D.M., a fourteen-year-old girl at the party, testified that 'after M.C. and E.F. had sex, she dressed E.E. and covered her up with a sleeping bag. Later, D.M. checked on E.F. and again found her naked. James came into the room while D.M. was there and commented on E.F.'s vaginal area. D.M. dressed E.F. and left When D.M. checked [1122]*1122on E.F. again, another man was having sex with EF.

Later that morning, James complained because E.F. was in his room, and she was dragged to another bedroom. D.M. opened the door to this room and observed James engaged in sexual intercourse with E.F., who was unconscious. After she saw him having sex with E.F., D.M. started to yell at James. DM. was the only eyewitness to James's sexual assault of E.F. James is D.M.'s great uncle. '

Bert Colegrove, one of the adults at the house, told police shortly after the incident that he saw James dragging an unconscious naked teenage girl from one room to another. Colegrove said that he told James not to do that, and James told him to mind 'his own business. Colegrove recanted at the grand jury and testified that he thought James was just trying to get E.F. to a "safe place."

Colegrove's son also saw James and M.C. drag E.F. to a room and shut the door. When Colegrove's son returned to the room, he saw fresh semen on the mattress.

A number of individuals who claimed to have been at the party testified in support of James at his trial. According to these witnesses, James asked some of the teenage boys who were upstairs to "get this fucking bitch" out of his room because he wanted to go to sleep and E.F. had gotten sick in his bedroom. Most of the defense witnesses testified that three boys dragged E.F. from James's bedroom to another bedroom and that E.F. was clothed. None of the witnesses corroborated D.M.'s testimony that she began yelling. at James when she saw James having sex with E.F.

At approximately 5:00 a.m., Burt Cole-grove and his family left the house and took a cab to downtown Ketchikan. Colegrove called the troopers because he was concerned about E.F. and because he had seen teenagers drinking at the party.

Alaska State Trooper Sergeant Robert Stevenson responded to the party and spoke to D.M. and E.F. That afternoon, E.F. went to Ketchikan General Hospital for a sexual assault exam. The troopers performed DNA tests on evidence collected during the examination and on blood samples from James. The DNA testing showed that James's DQ-alpha genotype did not exclude him as the source of the semen and that approximately 58% of the Tlingit population have this DQ-alpha genotype (James is Tlingit).

Sergeant Jeffrey Hall contacted D.M. on June 16, 1994, four days after the incident. D.M. was reluctant to talk to Sergeant Hall, but Hall did not remember pressuring or threatening her to get her to talk. During this initial interview, D.M. cried and said it was difficult for her to talk about the incident because James was family. She said that she saw James having sex with E.F. and that E.F. was passed out.

On June 28, 1994, Sergeant Hall arrested James and charged him with first-degree sexual abuse of a minor and second-degree sexual assault. On July 1, 1994, a grand jury indicted James on charges of second-degree sexual abuse of a minor and second-degree sexual assault. The troopers were unable to find D.M. to serve her with a subpoena to appear at the grand jury proceedings. D.M. and her mother moved to Anchorage in July 1994. On June 6, 1994, before the assault, D.M. had been adjudicated a delinquent based on two counts of fourth-degree assault. She was a runaway probationer because she left Saxman without notice.

James's trial was scheduled for October 11, 1994. The State requested several continuances because the State was unable to locate D.M. On December 20, 1994, the court granted the State's request to issue a material witness warrant for D.M.

On December 29, 1994, authorities arrested D.M. on the material witness warrant. She was held at McLaughlin Youth Center and at Johnson Youth Center for several weeks while awaiting trial. James went to trial on February 21, 1995. At trial, D.M. testified that there was no doubt in her mind that she saw James having sex with EF.

In her affidavit recanting her trial testimony, D.M. stated: "I am making these statements because I want to tell the truth, and I want the people who hurt and abused me to answer for what they did." D.M. claimed in her affidavit:

[1123]*1123I remember when they started questioning me. They did it on the phone. At first I told them "I can't tell you nothin' because I can't remember." I had been drinking. I didn't say that because I didn't want to get in trouble. They kept asking me about [James]. By they I mean the D.A. and the troopers.

She alleged that at Johnson Youth Center in Juneau the district attorney and the troopers told her that she would not get out of jail until she was twenty-one if she did not testify. She also stated: '

I told my attorney that I did see stuff at the party, because I knew I needed to do it to get out of J.Y.C. When I knew what they wanted me to say, and I said those things they wanted to hear and my attorney was real concerned about people trying to get me to say things. I didn't even think about my uncle doing time. I was just thinking about me and how I hated it where I was. I was abused physically and emotionally. My sister needed me and I wanted out of JYC really bad. I didn't think about my uncle, that's why I cried on the witness stand.... I practiced my testimony in my cell.

D.M.

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Related

James v. State
84 P.3d 404 (Alaska Supreme Court, 2004)
James v. State
49 P.3d 1120 (Court of Appeals of Alaska, 2002)

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Bluebook (online)
49 P.3d 1120, 2002 Alas. App. LEXIS 129, 2002 WL 1397275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-state-alaskactapp-2002.