Solomon v. State

379 S.W.3d 489, 2010 Ark. App. 559, 2010 Ark. App. LEXIS 615
CourtCourt of Appeals of Arkansas
DecidedSeptember 1, 2010
DocketNo. CA CR 08-1374
StatusPublished
Cited by5 cases

This text of 379 S.W.3d 489 (Solomon v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Solomon v. State, 379 S.W.3d 489, 2010 Ark. App. 559, 2010 Ark. App. LEXIS 615 (Ark. Ct. App. 2010).

Opinion

ROBERT J. GLADWIN, Judge.

| , Appellant James Clayton Solomon was convicted on July 10, 2008, by a Washington County jury on charges of rape and failure to appear. He was sentenced as an habitual offender and received thirty-five years’ imprisonment for the rape conviction and fifteen years’ imprisonment for his conviction on the failure-to-appear charge. The circuit court ordered that ten years of the failure-to-appear sentence be served consecutively to the thirty-five-year rape sentence. He contends on appeal that the circuit court erred in denying his motion in limine seeking to prevent the introduction of testimony from various fe-malejjwitnesses. Because we hold that the testimony in question is admissible to show intent, we affirm.1

Facts

An information was filed by the State on June 11, 2007, alleging in relevant part that appellant had committed two counts of rape in violation of Arkansas Code Annotated section 5-14-108 (Repl.2006). Before appellant’s trial for rape, he filed a motion in limine2 seeking to prevent (1) testimony regarding evidence of his federal conviction and probation revocation; (2) testimony from two women from Crawford County regarding alleged incidents of unwanted physical touching by appellant;3 (3) testimony from Crawford County law enforcement related to the two women’s charges; (4) and testimony from a woman whose claims against appellant were abandoned. Appellant argued in his motion that neither |aof the two Crawford County women alleged that he forcibly raped them. He claimed that their testimony would be inadmissible under Arkansas Rule of Evidence 404(b) (2008).

At the pretrial hearing on appellant’s motion, the State argued that it wanted to present evidence concerning the women from Crawford County who alleged that appellant sexually assaulted them and another woman who alleged that appellant had raped her. Each of the women was single, and their ages ranged from twenty-two to thirty-four years. The State explained that appellant introduced himself as a body builder, a personal trainer with “Bodies in Christ,” and that he started a conversation with each of them. The State claimed that he said he could help them in some way, offering a job. It was alleged that he arranged a meeting with each of them at his personal training facility. One facility was in Springdale, Arkansas, where the two rape events — the one for which he was standing trial, and the one at issue in the motion — were alleged to have occurred. The other facility was in Van Burén, Arkansas. The State alleged that when he would get the women alone in his building, he would begin to analyze, “professionally,” their bodies. The State argued that he would discuss how he could help them and that he did this in a sales-pitch way and that he advertised himself as affiliated with “Bodies in Christ” in order to gain their trust. The State claimed that appellant would have them disrobe and then disrobe himself. Appellant was then alleged to have forcibly raped two of the women and to have made sexual contact with the other two.

|4The State argued that under Rule 404(b), other evidence of crimes, wrongs, or acts, is permissible to show motive, opportunity, intent, preparation, plan, knowledge, and identity and claimed that each incident had independent relevance showing appellant’s motive, his preparation, and his plan. The State claimed that appellant’s modus operandi could be shown by this evidence in that the acts were committed with the same or strikingly similar methodology.

Appellant argued that he came into contact with each woman in a different manner. He assisted one with her car when he pulled beside her to point out that she had a broken tail light. The second woman was introduced to him through his sister-in-law. He met the woman in the instant case when she came to his place of employment for a job interview. He met the other woman, who alleged rape, while she was working as a waitress at Western Sizzlin, and she wanted him to help her with her body. Because he came into contact with each of the women under different, separate circumstances, appellant argued that the incidents do not fall under Rule 404(b).

The circuit court took the motion in limine under advisement, allowed appellant’s attorney to be relieved as counsel, appointed a public defender to represent appellant, and reset the trial for February 12 and 13, 2008. On February 12, 2008, appellant failed to appear and an order for issuance of an arrest warrant was signed. A hearing on the motion in limine 1 ¿filed on July 2, 2008, was held on July 7, 2008, at which time the circuit court denied the motion consistent with its prior ruling on January 15, 2008.4

At the trial held on July 8 and 9, 2008, United States Marshall Corey Thomas testified that appellant had been located in Los Angeles, California, where he had been living under an assumed name. He was arrested and transported back to Arkansas. He had changed his appearance, in that he had grown out and dyed his hair and had also grown some facial hair. He had new tattoos covering his previous tattoos. It was only after a fingerprint analysis that authorities could confirm appellant’s identity.

Officer Bill Stepp of the Springdale Police Department testified that Angelique Powell, the victim herein, reported to him on May 18, 2007, that she had been raped. Springdale Police Officer Richard Huddler testified that Ms. Powell told him that appellant raped her at Bodies for Christ Fitness Center in Springdale. She identified appellant in a photographic lineup. She also sketched out a rough diagram of the fitness center, which tracked with the layout that he found when he went to the fitness center. The only difference between the layouts was the bathroom, as Ms. Powell failed to include a hallway. Ms. Powell never told him that she had to unlock the door to leave the establishment.

IfiAngelique Powell testified that she was checking out in line behind appellant in Walmart, and they struck up a conversation. She worked at a fitness club and was wearing a t-shirt with the logo on it. Appellant told her he was opening several personal training studios in the area and that he was looking for staff. He gave her a business card that read “Bodies for Christ, Personal Training.” It was printed with a picture of appellant and his telephone numbers. Before he left Walmart, appellant told her, “Don’t forget, it’s Jamie Solomon, like King Solomon,” and quoted scripture. She called him and set up an interview for 5:00 p.m.

She said she arrived ten minutes early and waited in a back office while he finished up with two clients. He came in and asked personal questions, then asked her to step into room two and asked what kind of exercises she did. She said that he began to demonstrate some exercises and then threw himself on top of her, flattened her to the floor and proceeded to rape her. She told him to stop, and he told her to shut up. She tried to fight and could not. She explained that he pushed her gym pants and underwear down around her knees and he took his own shorts off. She testified that appellant put his penis inside her vagina. She said she realized she could not stop the rape, so she quit struggling. At one point she looked down and saw that he was wearing a condom. When he finished, he got off of her, picked up his shorts, and went in the other room.

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Cite This Page — Counsel Stack

Bluebook (online)
379 S.W.3d 489, 2010 Ark. App. 559, 2010 Ark. App. LEXIS 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-v-state-arkctapp-2010.