Potter v. State

410 N.W.2d 364, 1987 Minn. App. LEXIS 4657
CourtCourt of Appeals of Minnesota
DecidedAugust 11, 1987
DocketC3-86-2144
StatusPublished
Cited by5 cases

This text of 410 N.W.2d 364 (Potter v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Potter v. State, 410 N.W.2d 364, 1987 Minn. App. LEXIS 4657 (Mich. Ct. App. 1987).

Opinion

*366 OPINION

HUSPENI, Judge.

Raymond Potter alleges on appeal that the post-conviction court erred in denying a new trial based on the victim’s recantation, in denying appellant’s request for an adverse psychological examination of the victim and in considering evidence that the victim’s sister had also recanted her allegations of sexual abuse by appellant. We affirm.

FACTS

Appellant was convicted of two counts of criminal sexual conduct in the first degree, Minn.Stat. § 609.342, subds. 1(a) and l(g)(1986), and one count of criminal sexual conduct in the third degree, Minn.Stat. § 609.344, subd. l(b)(1986), as a result of sexual abuse of his thirteen-year-old daughter T.P. 1 On April 10, 1986, appellant’s seventeen-year-old daughter L.P. had contacted Anoka County authorities to report sexual abuse of T.P. and herself. T.P. reported the abuse the next day. L.P. later retracted her allegations in an in-camera pretrial proceeding. The State did not charge appellant with any criminal offense for acts involving L.P., and the State was prohibited from introducing any evidence regarding appellant’s alleged sexual abuse of L.P.

At trial T.P. testified about appellant’s sexual acts with her. Her testimony was corroborated by her prior consistent statements to investigator Karin Small, to a friend, Rebecca Gross, to her mother and to L.P.

After the guilty verdicts were returned, L.P. was very angry with T.P. and screamed “I'm going to kill [T.P.] when I see her.” T.P. was placed in a foster home. About two weeks later she returned to the family home, and was upset that everyone in the community was talking about the trial. L.P. and her mother spoke with T.P.’s social worker about the economic impact of appellant’s incarceration on the family, including the possible loss of their home.

T.P. discussed her father’s sentencing, and she was advised he would probably be sent to prison. Two days later T.P. spoke to her mother and sister and recanted her trial testimony. About a week later she recanted her testimony to her social worker and to appellant’s defense attorney.

Appellant filed a post-conviction relief petition requesting a new trial based on T.P.’s recanted trial testimony. At the post-conviction proceedings, T.P. testified that none of the sexual abuse incidents occurred and that she lied at trial because she wanted her parents to get divorced and force appellant to leave the home.

Dr. Gail Maudal, a clinical psychologist who had conducted a psychological examination of T.P., L.P. and their mother prior to trial, also testified. Dr. Maudal stated that T.P. testified because she wanted her father to get treatment rather than send him to jail. T.P. never expressed any hatred or vengeance toward her father. According to Dr. Maudal, T.P. did not want to feel responsible for putting her father in prison. Dr. Maudal testified that T.P. received no support from her mother or sister and that they were both aligned with appellant against T.P. Dr. Maudal testified that children frequently recant sexual abuse allegations, especially if recantation will result in family support. The post-conviction court denied appellant’s motion to require an additional psychological examination of T.P.

The post-conviction court 2 heard evidence concerning L.P.’s allegations against appellant because her report and subsequent recantation were probative in determining the genuineness of T.P.’s recantation.

*367 The post-conviction court made lengthy findings of fact including the following:

The fear of their father’s incarceration and their desire for his treatment has overwhelmed both [L.P.] and [T.P.]. The current testimony of both is clouded by these underlying factors and makes both of their recantations highly suspect.
* * * * * *
The jury had the ability, as did the trial judge, to observe [T.P.’s] demeanor, the forth-right and sincere manner in which she testified, and the spontaneous nature in which she related the details of [appellant’s] activity and her reporting of same. [T.P.’s] responses during direct and cross-examination show that her testimony was not memorized. [T.P.’s] trial testimony, as well as her appearance, which both jury and trial judge had the opportunity to observe, clearly show that trial testimony to be genuine and truthful.
* * * * * *
Contrary to her testimony and demeanor at trial, [T.P.’s] post-conviction hearing testimony and demeanor, wherein she recanted her earlier trial testimony, had all of the appearances of being memorized. The recantation testimony was insincere and unreliable. The recantation testimony is inconsistent not only with [T.P.’s] trial testimony and the corroborating evidence, but is inconsistent with [T.P.’s] recantation to her social worker * * *. [T.P.’s] explanation at the post-conviction hearing as to her reasons for testifying falsely at trial are not believable. [T.P.’s] claim that she was mad at her father is not supported by the evidence, and her claim that she falsified the sexual abuse allegations in order to separate her parents and get her father out of the home is contrary to the evidence in that [T.P.’s] report of the sexual abuse necessitated her removal from the home and placement in foster care and aligned her mother with her father against [T.P.]. [T.P.’s] recantation of her trial testimony is motivated by [her] desire to prevent the incarceration of her father and is the result of feelings of responsibility for her father’s incarceration. It is not uncommon for victims in this type of case to have deep feelings of guilt and responsibility for what happened.
[T.P.] resided with her mother and sister at the time she recanted her trial testimony and her decision to recant was the product of direct and indirect pressures put upon her by her mother and sister. [T.P.’s] post-verdict, presentencing residence with her mother and sister may be characterized as an emotional “pressure cooker” for [T.P.]. [L.P.] blamed [T.P.] for the [appellant’s] convictions. [T.P.’s] mother supported the [appellant], as did [L.P.]. [T.P.] felt “caught in the middle.” The family was under financial pressures as a result of [appellant’s] convictions and incarceration in the county jail. [T.P.] was under extreme stress and experiencing emotional difficulties at the time. The recantation arising under these circumstances is unreliable. [T.P.’s] recantation of her trial testimony to her social worker on August 18, 1986 is inconsistent with her trial recantation. * * *
The psychological evaluation of [T.P.] * * * is consistent with [T.P.’s] trial testimony that [appellant] sexually abused her. The psychological evaluation shows that [T.P.] was caught in an emotional web as a result of the abuse and her reporting of same; that she felt “caught in the middle” and was disbelieved by her mother who was protective of her father; that she received no support from her mother and her sister and was essentially abandoned by other family members.

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Cite This Page — Counsel Stack

Bluebook (online)
410 N.W.2d 364, 1987 Minn. App. LEXIS 4657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potter-v-state-minnctapp-1987.