Roberts v. United States

743 A.2d 212, 1999 D.C. App. LEXIS 301, 1999 WL 1285779
CourtDistrict of Columbia Court of Appeals
DecidedDecember 30, 1999
Docket96-CF-1092
StatusPublished
Cited by5 cases

This text of 743 A.2d 212 (Roberts 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
Roberts v. United States, 743 A.2d 212, 1999 D.C. App. LEXIS 301, 1999 WL 1285779 (D.C. 1999).

Opinion

SCHWELB, Associate Judge.

Edward Cheeseman Roberts was convicted by a jury of one count of carnal knowledge of a child under sixteen years of age and one count of rape, both in violation of D.C.Code § 22-2801 (repealed 1995). 1 On appeal, Roberts contends that *215 the indictment on which he was brought to trial was unconstitutionally Vague and that the prosecution’s evidence constructively amended the allegedly defective indictment. Roberts also claims that the trial judge committed plain error by fading, sua sponte, to preclude the prosecutor from cross-examining Roberts on the subject of Roberts’ failure, prior to trial, to apprise either the police or his family or friends of his claim that his sexual relations "with the complaining witness were consensual. We affirm Roberts’ convictions for carnal knowledge and rape.

I.

THE TRIAL COURT PROCEEDINGS 2

The complaining witness in this case, K.L.W., is Roberts’ cousin. In 1990, when she was a fifteen-year-old high school student, K.L.W. came to live with Roberts and his wife and children. K.L.W. testified that thereafter, for a period of more than two years, Roberts repeatedly molested and raped her. K.L.W. estimated that, in all, she had been abused approximately two dozen times. 3

In May 1992, K.L.W. became pregnant. 4 Prior to her pregnancy, K.L.W. had been too afraid 5 and ashamed to disclose the abuse that she had endured. Following the discovery of her condition, however, K.L.W. told a schoolmate and her basketball coach what had happened to her. She repeated her account to the police, and Roberts was arrested.

On March 16, 1994, a grand jury returned an indictment which included the following counts:

COUNT ONE: Between on or about March 18, 1990, and on or about March 17.1991, within the District of Columbia, Edward Cheeseman Roberts carnally [k]new and abused a female child named K.L.W., who was then under sixteen years of age, that is, about 15 years of age. (Carnal Knowledge, in violation of 22 D.C.Code, Section 2801).
‡ ‡ ‡ ¡¡:
COUNT THREE: Between on or about March 18,1991, and on or about October 81.1992, within the District of Columbia, Edward Cheeseman Roberts [had] carnal knowledge of a female named K.L.W., forcibly and against her will. (Rape, in violation of 22 D.C.Code, Section 2801). 6

Following the return of the indictment, Roberts’ attorney filed a motion for a bill of particulars. Counsel also asked the court to dismiss the indictment as duplicitous and unconstitutionally vague. She reiterated these criticisms of the indictment *216 on several occasions prior to trial and continued to request its dismissal.

On November 21, 1994, the government responded as follows to the request for a bill of particulars:

1. Counts one and two of the indictment relate to an incident which occurred in the winter of 1990 and 1991 inside 2111 16th Street, S.E., in Washington, D.C.
2. Counts three and four relate to an incident which occurred between, on or about October 19, 1992, inside 2111 16th Street, S.E., in Washington, D.C.

On February 8, 1995, Judge Henry F. Greene denied Roberts’ motion to dismiss the indictment. In light of the government’s claim that Roberts had committed numerous acts of carnal knowledge and rape, the judge recognized that Roberts was entitled to reasonable notice of the specific acts of which he was being accused and for which he would be tried:

I don’t think that the government can just have the jury kind of picking and choosing to decide ... which offense it wants to plug into the indictment.

The prosecutor responded by referring to the two incidents identified in the government’s bill of particulars. She indicated that these incidents were the ones of which K.L.W. had the best recollection.

On February 14, 1995, the case went to trial before Judge Stephanie Dunean-Pe-ters. The parties presented their evidence and made their closing arguments, the judge instructed the jury, and the jurors began their deliberations. The foreman of the jury then advised the court that, according to one of the jurors, another member of the jury “has had discussions about the credibility of a witness in this case with people outside the jury room who know and have opinions about the witness.” The judge subsequently declared a mistrial on the basis of juror misconduct. 7

More than a year later, on March 21, 1996, Roberts’ second trial began before Judge Colleen Kollar-Kotelly. As previously noted, Roberts was convicted of carnal knowledge and rape. 8 This appeal followed.

II.

LEGAL DISCUSSION

A. General principles.

Roberts first contends that the indictment in this case is unduly vague and that it violates his rights under the Fifth and Sixth Amendments. Although the charging document is hardly a model of clarity, and although its shortcomings have been compounded by a singularly infelicitous bill of particulars, we conclude that the indictment passes constitutional muster.

Rule 7 (c) of the Superior Court Rules of Criminal Procedure requires that the indictment shall contain “a plain, concise and definite written statement of the essential' facts constituting the crime charged.” As the court stated in United States v. Silverman, 430 F.2d 106 (2d Cir.1970), ce rt. denied, 402 U.S. 953, 91 S.Ct. 1619, 29 L.Ed.2d 123 (1971), this requirement

performs three constitutionally required functions. It permits the accused “to be informed of the nature and cause of the accusation” as required by the Sixth Amendment. It prevents any person from being “subject for the same offense to be twice put in jeopardy of life or limb” as required by the Fifth Amendment. Finally, it preserves the protection given by the Fifth Amendment from being “held to answer for a capital, or otherwise infamous crime, unless on a *217 presentment or indictment of a Grand Jury.” 8 Moore, Federal Practice ¶ 7.04 at 7-15 (1969).

480 F.2d at 110 (construing the federal counterpart of Super. Ct.Crim. R. 7(c)). In determining whether an indictment satisfies these constitutional standards, the Supreme Court has focused on two criteria, namely,

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743 A.2d 212, 1999 D.C. App. LEXIS 301, 1999 WL 1285779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-united-states-dc-1999.