State of Louisiana Versus Osborne Field Kelson

CourtLouisiana Court of Appeal
DecidedDecember 27, 2023
Docket23-KA-274
StatusUnknown

This text of State of Louisiana Versus Osborne Field Kelson (State of Louisiana Versus Osborne Field Kelson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Louisiana Versus Osborne Field Kelson, (La. Ct. App. 2023).

Opinion

STATE OF LOUISIANA NO. 23-KA-274

VERSUS FIFTH CIRCUIT

OSBORNE FIELD KELSON COURT OF APPEAL

STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 21-4976, DIVISION "P" HONORABLE LEE V. FAULKNER, JR., JUDGE PRESIDING

December 27, 2023

JUDE G. GRAVOIS JUDGE

Panel composed of Judges Jude G. Gravois, John J. Molaison, Jr., and Scott U. Schlegel

AFFIRMED; REMANDED FOR CORRECTION OF UNIFORM COMMITMENT ORDER AND SENTENCING MINUTE ENTRY JGG JJM SUS COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable Paul D. Connick, Jr. Monique D. Nolan Thomas J. Butler Blaine B. Moncrief Matthew Whitworth

COUNSEL FOR DEFENDANT/APPELLANT, OSBORNE FIELD KELSON Bertha M. Hillman GRAVOIS, J.

Defendant, Osborne Field Kelson, appeals his conviction and sentence for

sexual battery of a juvenile in violation of La. R.S. 14:43.1. Defendant was

sentenced to eight years imprisonment in the Department of Corrections. On

appeal, he argues that his sentence is unconstitutionally excessive. For the reasons

that follow, we affirm defendant’s conviction and sentence. We further remand the

matter for correction of the Uniform Commitment Order and the sentencing minute

entry, as noted below in our Errors Patent Review.

PROCEDURAL HISTORY

On August 25, 2021, the Jefferson Parish District Attorney filed a bill of

information charging defendant, Osborne Field Kelson, with one count of sexual

battery of a juvenile, in violation of La. R.S. 14:43.1, on or between June 1, 2019

and October 31, 2019 (count one), and one count of indecent behavior with a

juvenile, in violation of La. R.S. 14:81, on or between June 1, 2019 and October

31, 2019 (count two). Defendant pled not guilty at his arraignment on October 20,

2021.

On March 6, 2023, the State nolle prossed count two of the bill of

information. The case proceeded to trial on March 6, 2023, and on March 7, 2023,

the six-person jury returned a unanimous verdict of guilty as charged on the

remaining count. On March 22, 2023, defendant filed a motion for a new trial,

which was denied on March 27, 2023. On that same day, the trial court sentenced

defendant to eight years imprisonment in the Department of Corrections.

Defendant filed a motion to reconsider sentence, and on April 5, 2023, following a

hearing, the trial court denied the motion to reconsider sentence.1

1 The State also filed a habitual offender bill of information against defendant, but withdrew the habitual offender bill on May 3, 2023.

23-KA-274 1 FACTS

In January 2020, Detective Kristen Hollis responded to a delayed reporting

of sexual battery. The victim, J.K.,2 was thirteen years old at the time of the

incident. She was sixteen years old at the time of trial. The incident occurred in

October 2019 at 6301 Riverside Drive in Metairie.

At trial, J.K. testified that she and her siblings were at defendant’s apartment

for a movie night and sleepover. Defendant is her uncle by marriage. J.K.’s aunt,

Kellie Kelson, had picked up J.K. and her siblings and dropped them off at

defendant’s apartment, but did not stay there. J.K., her younger sister, defendant’s

two daughters, her cousin, and her “baby cousin” were all in defendant’s bedroom

watching a movie. Defendant and the baby cousin were in the bed, and everyone

else was on the floor. Defendant told everyone that the only people that could be

in the bed were J.K. and her baby cousin. Because her back was hurting, J.K. got

into the bed; she was lying with her head towards the “bottom” of the bed, and

defendant’s head was towards the “top” of the bed. Her baby cousin was on the

other side of the bed. J.K. felt defendant touch her leg, stop, and then touch her leg

again. Defendant then went under the covers. J.K. felt defendant’s fingers in her

“private part,” and he started licking in her “private part.”3 She recalled that

defendant then gave her money via the Cash App and asked her if she “knew how

to beat meat.” While this was happening, the other girls were on the floor sleeping

and her baby cousin was not in the bed anymore. She testified that the incident

made her feel scared and nervous. J.K. explained that in the summer of 2018, she

had the “same situation” with her father.

2 In accordance with La. R.S. 46:1844(W)(3), the victim, who is a minor, and the victim’s mother and sister will be referred to by their initials in order to protect the victim’s identity. 3 J.K. testified that he was touching her where her “hole’s at” in the front.

23-KA-274 2 J.K. testified that she first told her younger sister about the incident. She did

not tell her mom right away because she was scared. When her mother learned

about what had happened, she notified the police. J.K. testified that defendant

gave her a “a lot” of money and gave her many gifts for Christmas, one of which

was a promise ring.4

J.T., J.K.’s younger sister, testified that J.K. told her that defendant had

touched her while they were having a movie night at defendant’s apartment. She

explained that J.K. told her “he had licked her down below and he kept asking her

to beat his meat.” J.T. explained that defendant was married to and lived with her

Aunt Kellie, her mother’s sister. On the night of the incident, her Aunt Kellie was

at the apartment earlier, but then left and did not return. J.T. testified that at first,

everyone was on the floor in defendant’s bedroom. J.T. asked defendant if she

could get in the bed, and he said no. Defendant then called for the “baby cousin”

and J.K. to get in the bed with him. J.T. testified that in 2018, J.K. was “touched”

by her father.

J., J.K.’s mother, testified that she had four children—an eighteen-year-old,

twin sixteen-year-olds (one of which is J.K.), and a fifteen-year-old. She testified

that two traumatic events had recently happened to J.K: J.K. was touched by her

father and touched by defendant. J.K.’s father was arrested and was in jail. After

that incident with her father, J.K. was homeschooled until she returned to school in

person for basketball season. J.K. did not want to be around people and became

withdrawn. J.K. would spend time with J.’s sister Kellie, defendant, and their

children who were around J.K.’s age. J. allowed her daughters to spend the night

at their Aunt Kellie and defendant’s home in Metairie.

4 J.K. testified that her Aunt Kellie gave the ring to her at a Christmas party, but it was from both defendant and her Aunt Kellie.

23-KA-274 3 On the night of the incident, Kellie picked up the girls from their home in

LaPlace. J. did not find out that anything had happened to J.K. that night until

around Christmas. J. then alerted the authorities and participated in a recorded

statement with Detective Hollis. J. told Detective Hollis that she made a surprise

visit to defendant’s apartment the evening defendant touched J.K. When she

arrived, the boys were downstairs, and the girls were in the bedroom with

defendant on a pallet on the floor. J. did not like that Kellie was not present with

the girls, and she took them home. J. testified that she told Detective Hollis that as

far as she knew, “no one else saw anything that night.”

J. also told Detective Hollis that for Christmas, defendant bought J.K. a

promise ring, a laptop, and toys, and bought J.T. a hoverboard. J. explained that

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