Ledford v. State

721 S.E.2d 585, 313 Ga. App. 389, 2011 Fulton County D. Rep. 3947, 2011 Ga. App. LEXIS 1081
CourtCourt of Appeals of Georgia
DecidedDecember 1, 2011
DocketA11A1407
StatusPublished
Cited by22 cases

This text of 721 S.E.2d 585 (Ledford v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ledford v. State, 721 S.E.2d 585, 313 Ga. App. 389, 2011 Fulton County D. Rep. 3947, 2011 Ga. App. LEXIS 1081 (Ga. Ct. App. 2011).

Opinions

BARNES, Presiding Judge.

A jury convicted Michael Lee Ledford on two counts of aggravated child molestation, two counts of aggravated sexual battery and two counts of child molestation. Ledford filed a motion for new trial, which the trial court denied, and he now appeals. Following our review, we affirm.

The indictment charged Ledford with sexually assaulting his two stepdaughters on multiple occasions during the period May 1, 2007 through April 25, 2008. Both girls — B. D., who was eight years old at the time of the 2009 trial, and V D., who was six years old — testified about the incidents upon which the charges were based. The State also introduced, pursuant to the Child Hearsay Statute, OCGA § 24-3-16, evidence of statements the two girls made to Upson County Sheriffs Department Investigator Casey Clark, licensed pediatrician Dr. Kathy Mansfield, and forensic interviewer Ashley Wilson, who interviewed the girls as part of the State’s investigation into their allegations. In addition, the State presented testimony from Ledford’s eleven-year-old cousin, who said that when she was three or four, Ledford had touched her vagina with his hand and attempted to put his penis in her mouth. She said they were at their grandmother’s house, in Ledford’s room and the bathroom when this occurred. The cousin testified that Ledford was interrupted when his sister came into the bathroom, saw what was happening and alerted their mother, who “whipped” Ledford.1 The charges in this case included allegations, inter alia, that Ledford had engaged in similar behavior with his two stepdaughters, and the State proffered this [390]*390similar transaction testimony for the limited purpose of establishing Ledford’s lustful disposition.

1. Ledford contends that the trial court erred in introducing the similar transaction evidence, which purportedly occurred when he was either 11 or 12 years old.2 He argues that evidence of his behavior as a child was irrelevant to any sexual activity he is alleged to have committed as an adult.

We review a trial court’s decision on the admission of similar transaction evidence for an abuse of discretion. Condra v. State, 238 Ga. App. 174, 175 (2) (518 SE2d 186) (1999).

The exception to the general rule that evidence of other crimes is not admissible has been most liberally extended in the area of sexual offenses: In crimes involving sexual offenses, evidence of similar previous transactions is admissible to show the lustful disposition of the defendant and to corroborate the victim’s testimony. There need only be evidence that the defendant was the perpetrator of both crimes and sufficient similarity or connection between the independent crime and the offenses charged.

(Footnote omitted.) Brown v. State, 275 Ga. App. 281, 284 (2) (620 SE2d 394) (2005).

“[Yjouth at the time of the similar transaction should be considered when deciding if the testimony should be admitted to show lustful disposition and inclination, i.e., bent of mind.” Stephens v. State, 205 Ga. App. 403, 404 (1) (422 SE2d 275) (1992). The age of the defendant when the similar transaction occurred is relevant when balancing the probative value of the evidence against its potentially prejudicial impact. Id. Depending on the circumstances of the case, the defendant’s age can act to diminish the probative value of the evidence, resulting in the exclusion of the evidence as more prejudicial than probative. To that end, the State must show a “probative connection” between the similar transaction and the crime for which the defendant is presently being tried. Lee v. State, 306 Ga. App. 144,146 (2) (701 SE2d 582) (2010); see Gilham v. State, 232 Ga. App. 237, 239 (1) (501 SE2d 586) (1998) (defendant was 12 or 13 at time he committed sexual battery, but given his obvious understanding of sexual acts committed, his age did not render similar offense inadmissible).

In this case, the cousin, eleven at the time of the trial, testified that when she was three or four, Ledford, who was then either eleven [391]*391or twelve, touched her on her “private parts” and also attempted to put his “private parts” in her mouth. The two were in Ledford’s bedroom on one occasion and in the bathroom on a separate occasion. The trial court properly considered Ledford’s youth at the time of the similar transaction, along with the significant age difference — 8 or 9 years — between Ledford and the cousin, Ledford’s attempt to conceal his behavior by acting in secluded locations, and the nature of the acts he committed before concluding that the evidence was admissible. Under our law, despite Ledford’s age at the time, this evidence was relevant to show Ledford’s lustful disposition with regard to younger females — the conduct with which he was charged in the present case. See Condra v. State, 238 Ga. App. at 175 (2) (evidence of defendant’s intercourse with his sister when he was a juvenile was admissible to show his bent of mind and lustful disposition with regard to younger family members); compare Maynard v. State, 282 Ga. App. 598, 602-604 (3) (639 SE2d 389) (2006) (similar transaction evidence of the defendant’s sexual misconduct with two male cousins twenty years previously, when the defendant was a minor, was inadmissible in his trial for aggravated child molestation with a female victim). Accordingly, the trial court properly admitted the similar transaction evidence at issue.

2. Ledford also contends that the trial court erred in admitting, pursuant to OCGA § 24-3-16, testimony from Clark, Mansfield and Wilson regarding statements made to them by his two stepdaughters. Ledford asserts that his trial counsel carefully “avoided even a suggestion that he was attacking the credibility of either” child victim during his cross-examination. Thus, he argues that the State had no proper purpose for introducing the children’s hearsay statements but rather introduced the statements for the purpose of improperly bolstering the children’s testimony.

“The trial court has broad discretion in determining the admissibility of child hearsay evidence, and we will reverse a trial court’s ruling on the admissibility of statements under OCGA § 24-3-16 only if the trial court abused its discretion.” (Citation and punctuation omitted.) Phillips v. State, 284 Ga. App. 224, 227 (1) (b) (644 SE2d 153) (2007). We find no such abuse of discretion in the trial court’s decision to allow this testimony under OCGA § 24-3-16. “[T]he credibility of a witness is a matter for the jury, and a witness’ credibility may not be bolstered by the opinion of another witness as to whether the witness is telling the truth.” (Citation and punctuation omitted.) Freeman v. State, 282 Ga. App. 185, 188 (638 SE2d 358) (2006). The witnesses here did not opine as to whether the children were telling the truth but rather testified regarding the children’s statements to them. “This Court has held that the Child [392]

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Bluebook (online)
721 S.E.2d 585, 313 Ga. App. 389, 2011 Fulton County D. Rep. 3947, 2011 Ga. App. LEXIS 1081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ledford-v-state-gactapp-2011.