Legette v. United States

69 A.3d 373, 2013 WL 3064577, 2013 D.C. App. LEXIS 375
CourtDistrict of Columbia Court of Appeals
DecidedJune 20, 2013
DocketNo. 10-CF-1397
StatusPublished
Cited by14 cases

This text of 69 A.3d 373 (Legette v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Legette v. United States, 69 A.3d 373, 2013 WL 3064577, 2013 D.C. App. LEXIS 375 (D.C. 2013).

Opinion

THOMPSON, Associate Judge:

In this case, we are confronted once again with the “perplexing” question of “when evidence of a particular criminal act [i.e., so-called “other crimes evidence”] may be admitted.” Thompson v. United States, 546 A.2d 414, 415 (D.C.1988). The question arises in this case because, in a trial in which appellant Ronnie Legette was charged with three counts of first-degree sexual abuse while armed (with a gun), kidnapping while armed, five counts of possession of a firearm during a crime of violence, armed robbery, felony threats, and possession of a firearm by a convicted felon, the trial court permitted the government to present testimony by a complainant who described how appellant, armed with a gun, had sexually assaulted her six years earlier under circumstances similar to those alleged in this case. The jury convicted appellant on all charges. Appellant assigns as error the trial court’s ruling that allowed the government to present the prior-sexual-assault testimony. He argues that the testimony was not probative as to any “genuinely controverted” issue in the case except insofar as it supported “an impermissible propensity inference,” i.e., an inference that appellant “had a general predilection to rape people he encountered on the street.”1

We think the question whether the trial court erred in admitting the testimony requires a more nuanced answer. In light of appellant’s consent defense, which his trial counsel asserted in her opening statement and thereafter pursued through his examination of witnesses, we conclude that the prior-sexual-assault testimony was admissible as “intent” evidence — specifically, as evidence tending to prove that appellant had the intent to engage in the charged sexual acts by force. At the same time, we conclude that the court’s instructions to the jury erroneously permitted jurors to consider the prior-sexual-assault evidence as “motive” evidence. We conclude ultimately that the error was harmless because the testimony was legitimately probative of intent, the prejudicial effect of the testimony did not substantially out[376]*376weigh that probative value, and admission of the testimony for an improper purpose added only marginally (if at all) to its prejudicial effect and does not alter the result of the balancing of probity against prejudice. Accordingly, we affirm the judgment of conviction.

I. Background

J.S.,2 the government’s chief witness, testified that on May 14, 2006, shortly after 6:30 a.m., she was running late on her way to work and was waiting alone at a bus stop on Benning Road when a man, whom J.S. identified at trial as appellant, approached her, asked her whether she had been waiting long, and then told her that she was “very pretty.”3 J.S. testified that she informed appellant that she is a man, and that “what happened next” was that appellant asked J.S. whether she wanted to “go somewhere” (a question she understood to mean, “Do you want to go somewhere and have sex with me right now?”). J.S. said that she had to go to work but would be free in the evening. Appellant “reacted angrily.” Appellant then asked, “If I had a gun would you go?” At that point, appellant pulled out a gun, pointed it at J.S., and told her that if she ran, he would “blow [her] brains out.”4 Appellant told J.S. to walk across the street, and he walked just behind her, until they turned into an alley and arrived at an abandoned house a block or so away. Appellant opened the door to the house by “unraveling]” a wire coat hanger that had been wrapped around the doorknob to keep it closed. Once inside the dark house, appellant asked J.S. what she was “willing to do for [her] life.” Appellant then motioned or “point[ed] to his private area” and pulled down his pants, exposing his penis. Appellant placed his gun behind him on a nearby ledge, and J.S., fearing for her life, “performed oral sex on him.” Afterwards, appellant “turn[ed J.S.] around,” pulled her pants and underwear down, and forced his penis inside her rectum. When that encounter ended, appellant grabbed the back of J.S.’s head, pulled it towards him, and made J.S. “suck the blood and feces off of his penis.” Appellant then pulled his pants back up and “turned back pleasant” again, hugging J.S., kissing her on the forehead, and telling her that she did not have to be afraid of him. He also mentioned “not calling the police” and told J.S. that if she called the police, “nobody’s going to believe a faggi anyway.”5 Appellant took J.S.’s sunglasses, cell phone, and money, but gave her back a dollar to use as bus fare to get to work and told her to call her cell phone when she got off work and he would meet her at the bus stop and return it to her. Appellant and J.S. then exited the house and walked in opposite directions. J.S. saw appellant holding the cell phone to his ear as he walked away. The parties stipulated that cell phone records showed calls later that day from J.S.’s cell phone to appellant’s mother and friends.

[377]*377At the time of the incident, J.S. lived with her sister. The sister testified that at around 6:45 a.m., J.S. returned home and was banging on the door and screaming, and that when she opened the door, J.S. was crying and was “really, really upset.” According to the sister, J.S. informed her that “a guy5’ had robbed her and forced her to have oral and anal sex. The sister stated that J.S. appeared to be in pain, explaining that J.S. sat on her side, as if it hurt to sit in a regular position. During the months after the incident, J.S., who had been an “outgoing person, a very funny person,” “just wasn’t h[er]self,” but was “sad and depressed.”6 The Metropolitan Police Department officer who responded to the sister’s call described J.S. as “very distraught” and “shaking” as she described the incident.

Nichie Douglas, a sexual assault nurse examiner (“SANE nurse”), examined J.S., who informed Douglas that she had been sexually assaulted. Douglas collected oral, anal, and anorectal swabs. Douglas did not detect any injuries or any “obvious cuts or tears” on J.S.’s body, but testified that J.S. complained of pain in her rectal/anus area.7 Douglas testified that J.S. appeared “sad and upset” and told Douglas that she “felt dirty.”

The jury was read a stipulation that appellant became a suspect after a search of the FBI’s DNA database revealed that the DNA profile from biological material obtained from J.S.’s rectal swabs matched the DNA profile of appellant. The jury was not allowed to learn that appellant’s DNA profile was obtained in connection with an earlier sexual assault in 2000, or that, after a criminal proceeding in the Superior Court Juvenile Division, appellant (who was 17 years old at the time) had been found responsible as a juvenile for that sexual assault. However, the complainant in the 2000 sexual assault, J.W., testified as a government witness in the instant matter.

J.W. told the jury that on the evening of March 8, 2000, she was standing alone on Georgia Avenue, trying to hail a taxicab, when appellant (whom she recognized as a fellow student at Roosevelt High School) came across the street to where she was standing and began talking to her. Appellant had been standing with “a bunch of guys” across the street, but otherwise “there really wasn’t anyone else outside that night,” only a few cars drove by, and the street was quiet. Appellant told J.W. that he had “always liked” her, and he offered to walk her home.

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Cite This Page — Counsel Stack

Bluebook (online)
69 A.3d 373, 2013 WL 3064577, 2013 D.C. App. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/legette-v-united-states-dc-2013.