Putnam v. State

498 S.E.2d 340, 231 Ga. App. 190, 98 Fulton County D. Rep. 1323, 1998 Ga. App. LEXIS 388
CourtCourt of Appeals of Georgia
DecidedMarch 13, 1998
DocketA97A2083
StatusPublished
Cited by22 cases

This text of 498 S.E.2d 340 (Putnam 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
Putnam v. State, 498 S.E.2d 340, 231 Ga. App. 190, 98 Fulton County D. Rep. 1323, 1998 Ga. App. LEXIS 388 (Ga. Ct. App. 1998).

Opinions

Smith, Judge.

Jon Miley Putnam was indicted by a Richmond County grand jury on one count of aggravated child molestation, OCGA § 16-6-4 (c), and one count of child molestation, OCGA § 16-6-4 (a). He was convicted by a jury, his motion for new trial was denied, and he appeals. At Putnam’s trial, a social worker testified to the ultimate issue in the case and stated that in her opinion the victim was telling the truth. The social worker read for the jury her own letters that “confirmed” Putnam was “the perpetrator” and that placed his name on the State Child Protective Services Index. This testimony and the letters, which went out with the jury, constitute such plain, obvious, and harmful error under the circumstances that we must reverse, even in the absence of a contemporaneous objection by Putnam’s counsel.

1. Putnam’s contention that the evidence is insufficient to sustain his conviction is without merit. The victim’s testimony alone was sufficient to sustain the convictions. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Hardy v. State, 210 Ga. App. 811, 813 (4) (437 SE2d 790) (1993).

2. At trial, the State called a “social service specialist” who was employed by the Richmond County Department of Family & Children Services and who conducted the investigation of Putnam. Putnam complains of four specific statements in her testimony as error. First, the social worker testified, “We are not allowed to put a person’s name on our Child Protective Services Information System, unless we have interviewed or talked to them in some manner. So what we [191]*191did at that point was confirm the sexual abuse, which means we believe it happened, and closed the case, because the perpetrator was not in the home.” Second, the State introduced into evidence and the social worker read to the jury her own letter to Putnam on DFACS letterhead that in part stated: “Although the investigation did find evidence that abuse and/or neglect occurred, there were no findings of any abuse ... on your part.” The prosecutor then asked, “But this letter does confirm that there was abuse going on?” To this, the social worker responded, ‘Yes, it does.” Third, the State introduced into evidence and the social worker read to the jury an “outcome letter” on DFACS letterhead, stating that the department found that child abuse “did occur” and “was confirmed” and informing Putnam that his name would be placed on the State Child Protective Services Information System, a list of child abusers. Finally, when asked if she felt she was an impartial investigator, the social worker responded, “I happen to believe what [the victim] told me, though.” For several reasons, all these statements by the social worker were improper.

First, the courts of this state have held repeatedly and unequivocally that a witness may not express his or her opinion as to whether a child has been molested. See, e.g., Harris v. State, 261 Ga. 386 (405 SE2d 482) (1991); Sims v. State, 260 Ga. 782, 784 (399 SE2d 924) (1991) ; Allison v. State, 256 Ga. 851, 853 (5), (6) (353 SE2d 805) (1987); Hilliard v. State, 226 Ga. App. 478, 479-481 (1) (487 SE2d 81) (1997); Remine v. State, 203 Ga. App. 30, 31 (2) (416 SE2d 326) (1992) .

The general rule is well expressed in Allison, supra: “[A]n expert may not testify as to his opinion as to the existence vel non of a fact (in this case, whether the child had been abused sexually) unless the inference to be drawn from facts in evidence is beyond the ken of the jurors — that is, unless the jurors, for want of specialized knowledge, skill, or experience, are incapable of drawing — from facts in evidence — such an inference for themselves. [Cit.]” Allison, supra at 853 (5). The inference to be drawn from the evidence — that the child was the victim of sexual abuse — was not beyond the ken of the jurors. The jurors did not lack the requisite skill, knowledge, or experience to determine based on the victim’s testimony and other evidence introduced at trial whether she was molested.

Indeed, “[w]here (a) the path from evidence to conclusion is not shrouded in the mystery of professional skill or knowledge, and (b) the conclusion determines the ultimate issue of fact in a case, the jury must make the journey from evidence to conclusion without the aid of expert testimony.” (Citations and punctuation omitted.) Remine, supra at 30-31 (2). While an expert may testify, for example, that the alleged victim in a child molestation case exhibits recognized [192]*192behavior consistent with that of a sexually abused child (“child abuse accommodation syndrome”), the expert may not present his or her opinion that the child in fact has been abused. Id. at 31. Observations of a victim’s demeanor and the opinion of a qualified expert that the demeanor was “indicative of great trauma” would be permissible as part of an expert’s analysis of observed facts in the light of professional training, but testimony that “I firmly believe that [the victim] was molested” is nevertheless inadmissible because it does not go to “scientific or psychological matters the jury would need expert assistance to understand.” Hilliard, supra at 478, 481. Although a physician may testify to the results of a physical examination, the conclusion that the victim was sexually molested is inadmissible. Harris, supra at 387.

Here, the social worker did not offer evidence that was even remotely based upon professional knowledge or skill. Nor did she testify to any professional observations that formed the basis for her conclusions. She simply expressed her unsupported opinion and the opinion of DFACS that the alleged victim was in fact abused and that Putnam was the “perpetrator.” This conclusion was a matter strictly within the province of the jury and the admission of her testimony was error.

Second, it is well established that “[i]n no circumstance may a witness’ts] credibility be bolstered by the opinion of another, even an expert, as to whether the witness is telling the truth.” (Punctuation omitted.) Roberson v. State, 214 Ga. App. 208, 210 (4) (447 SE2d 640) (1994). The credibility of a witness is a matter exclusively for determination by the jury. OCGA § 24-9-80. Testimony that another witness believes the victim impermissibly bolsters the credibility of the victim. Lagaña v. State, 219 Ga. App. 220, 221 (464 SE2d 625) (1995). Here, not only did the social worker state an impermissible conclusion that the victim was abused by Putnam, she testified that she believed the victim — the State’s key witness. This testimony was not supported by expert opinion or her personal observation. Instead, it was wholly conclusory, gave an impermissible and unsupported opinion that another witness was credible, and should not have been allowed. Cline v. State, 224 Ga. App. 235, 237 (2) (480 SE2d 269) (1997).

The error here was compounded because the social worker repeatedly characterized her opinion as the official opinion of DFACS or others at that agency, speaking through her. She gave the majority of her testimony in the “editorial ‘we.’ ” She stated, for example, that “we believe it happened,” “we

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Cite This Page — Counsel Stack

Bluebook (online)
498 S.E.2d 340, 231 Ga. App. 190, 98 Fulton County D. Rep. 1323, 1998 Ga. App. LEXIS 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/putnam-v-state-gactapp-1998.