Jennings v. Commonwealth

454 S.E.2d 752, 20 Va. App. 9, 1995 Va. App. LEXIS 247
CourtCourt of Appeals of Virginia
DecidedMarch 14, 1995
DocketRecord 0424-93-4
StatusPublished
Cited by23 cases

This text of 454 S.E.2d 752 (Jennings v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jennings v. Commonwealth, 454 S.E.2d 752, 20 Va. App. 9, 1995 Va. App. LEXIS 247 (Va. Ct. App. 1995).

Opinions

COLEMAN, Judge.

George Rodney Jennings, Jr. was convicted in a jury trial of abduction with the intent to defile, Code § 18.2-48, and forcible sodomy, Code § 18.2-67.1. The victim, whom we will call Scott, was a fourteen-year-old boy that Jennings had befriended. The trial court sentenced Jennings, in accordance with the jury’s verdicts, to two life terms in the penitentiary.

The sole issue on appeal is whether the trial court erred by admitting into evidence Jennings’ out-of-court admissions that on four prior occasions, two in 1969 and two in 1985, he had befriended four other children and sodomized them. In each instance, Jennings had performed anal sexual intercourse upon his victims, the same sexual act that he committed against Scott.

The trial court ruled that Jennings’ out-of-court admissions that he had committed acts of anal sodomy upon other children were relevant to prove that when Jennings shackled Scott to a bed, which was the act of abduction, Jennings’ specific intent was to sodomize or defile the youngster.1 Because the Commonwealth bore the burden of proving beyond a reasonable doubt that when Jennings abducted Scott, Jennings harbored the specific intent to defile his victim, the evidence of Jennings’ admissions was highly probative to [13]*13prove a material element of the abduction charge. Thus, the trial judge did not abuse his discretion by finding that the probative value of the evidence, although highly prejudicial, outweighed its incidental prejudice.

I.

George Rodney Jennings met Scott’s mother, who lived in Hagerstown, Maryland, after she responded to a “personal” ad that Jennings had run in a newspaper. Shortly after getting to know Scott’s mother, Jennings suggested to her that because Scott was “in trouble” with the juvenile authorities, it might help if he, Jennings, would “[t]ake [Scott] every other weekend or ... two ... [l]ike taking him fishing, and like he was supposed to take him ... skiing.” She consented to the proposal.

In early January, 1991, Jennings was to take Scott on a weekend ski trip to a Pennsylvania ski resort. Before leaving, Jennings had Scott’s mother sign a written consent form which authorized Jennings to discipline and to obtain medical treatment for Scott.

Shortly after they left for the weekend, Jennings informed Scott that the ski resort was not operating that weekend and that, instead, they would be going to his home in Loudoun County, Virginia. Soon after arriving in Loudoun County, Jennings came to Scott’s room and began discussing with him the punishment that Scott was to receive for the “trouble he was in.” Jennings presented Scott with the form that Scott’s mother had signed, agreeing to Scott’s being punished. Jennings then presented a form for Scott to sign, agreeing to be punished. At first, Scott refused to sign it. After being “told” by Jennings that unless he consented to be punished “that he [Jennings] was going to use something like a billy club,” Scott signed the form, “consenting” to be punished. Jennings had Scott disrobe, lie on a cot on his stomach, and after securing Scott’s hands to the cot with plastic “tie-downs,” Jennings beat him with a belt and buckle so severely that [14]*14when Scott returned home, his entire buttocks were a “mass •of solid bruises.”

After beating Scott, Jennings told him that if he [Scott] went “down the road” to “one of those boys’ reform schools,” he would be punished there by those “[p]eople gang[ing] up on you ... sexually abus[ing] you.” Jennings told Scott that “he had thought it over” and so Scott would know what to expect if he was confined, Jennings was going to “show him how it feels” to have a “penis [stuck] up his rectum.” Scott testified that because he had his face “in the pillow,” he did not “know for sure where [Jennings] was” or “for sure” what he “felt” “go up [his] butt” and remain there about “three minutes.” Upon Scott’s return home, his mother observed the injuries he had received from the beating, at which time Scott told her of the sexual assault. Jennings was then charged with sodomy and abduction.

At trial, Rosemary Lewis, who had been a mental health counsellor to Jennings in 1990, testified, over defense counsel’s objection, that Jennings admitted to her that in the late 1960s, in separate instances, he “befriended” two teenage boys whom he “anally sodomized,” one of whom he sodomized monthly. Lewis testified that Jennings also admitted that in the 1980s, after a period during which he was married, he “befriended” a seven-year-old boy and his sister, both of whom he periodically sodomized by anal sexual intercourse.

The trial court ruled Rosemary Lewis’ evidence admissible for the limited purpose of proving that when Jennings abducted Scott by tying him to the cot, he did so for the purpose and with the intent of anally sodomizing Scott, rather than with the intent to punish him. The trial court gave a limiting instruction which told the jury that they were to consider the evidence of acts of anal sodomy upon other children solely for the purpose of determining Jennings’ intent at the time he bound and abducted Scott.

II.

Evidence that proves or tends to prove that the accused committed a crime separate from the one charged is [15]*15prejudicial by its very nature, and should generally be excluded from trial, Kirkpatrick v. Commonwealth, 211 Va. 269, 272, 176 S.E.2d 802, 805 (1970), except when the legitimate probative value of that evidence outweighs its incidental prejudice. Spencer v. Commonwealth, 240 Va. 78, 90, 393 S.E.2d 609, 617, cert. denied, 498 U.S. 908, 111 S.Ct. 281, 112 L.Ed.2d 235 (1990); Lewis v. Commonwealth, 225 Va. 497, 501-02, 303 S.E.2d 890, 893 (1983).

The exceptions to the general rule are numerous, and evidence of other crimes or other bad acts is admissible when relevant to prove a material fact or element of the offense. Kirkpatrick, 211 Va. at 272, 176 S.E.2d at 805. For example, “[s]uch evidence is permissible in cases where the motive, intent or knowledge of the accused is involved.” Id. Similarly, evidence of other crimes may be admitted to prove knowledge, or to refute a claim of mistake, or to prove identity where some aspect of the incident or the method by which the other crime is committed is so distinctive or “idiosyncratic” that the fact finder reasonably could infer that the same person committed both crimes. Spencer, 240 Va. at 89-90, 393 S.E.2d at 616-17. The rule governing the admissibility of other crimes evidence is the rule of relevance. When proof that the accused committed other crimes or bad acts has a rational basis from which the fact finder reasonably can infer the existence of a material fact or element of the charged crime, the evidence is relevant.

However, proof that an accused “at other times” committed acts or crimes “of the same nature as the one charged ... is incompetent and inadmissible for the purpose of showing” that the accused has a propensity to commit crimes or a particular crime and, therefore, to conclude that the accused probably committed the charged crime. Kirkpatrick, 211 Va. at 272, 176 S.E.2d at 805.

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Bluebook (online)
454 S.E.2d 752, 20 Va. App. 9, 1995 Va. App. LEXIS 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennings-v-commonwealth-vactapp-1995.