STATE OF MISSOURI v. JONATHAN G. NEWTON

CourtMissouri Court of Appeals
DecidedMay 20, 2024
DocketSD37917
StatusPublished

This text of STATE OF MISSOURI v. JONATHAN G. NEWTON (STATE OF MISSOURI v. JONATHAN G. NEWTON) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STATE OF MISSOURI v. JONATHAN G. NEWTON, (Mo. Ct. App. 2024).

Opinion

In Division

STATE OF MISSOURI, ) ) Respondent, ) ) No. SD37917 vs. ) ) FILED: May 20, 2024 JONATHAN G. NEWTON, ) ) Appellant. )

APPEAL FROM THE CIRCUIT COURT OF HOWELL COUNTY

Honorable Steven F. Lynxwiler

AFFIRMED

A jury found Jonathan G. Newton (“Defendant”) guilty of three counts of statutory

sodomy in the first degree, see section 566.062, 1 and received consecutive sentences of 20 years

on each count. In two points on appeal, Defendant contends the trial court (1) abused its

discretion by excluding Victim’s mother’s (“Mother”) testimony that Victim’s grandmother

(“Grandmother”) made previous false allegations of sexual abuse against other family members;

and (2) abused its discretion by failing to grant a mistrial when Kristen Barr, an investigator for

1 All statutory references are to RSMo 2016, including, as applicable, statutory changes effective January 1, 2017. Defendant was charged by indictment of committing statutory sodomy in the first degree by engaging in deviate sexual intercourse with Victim, who was less than 12 years old, by 1) having Victim place his mouth on Defendant’s penis when Victim wanted a Coke; 2) placing Defendant’s tongue inside Victim’s anus; and 3) placing Defendant’s penis in Victim’s mouth and at the same time placing Victim’s penis in Defendant’s mouth. the Children’s Division, (“Investigator”), testified Defendant had refused to take a polygraph

test. Finding no merit in Defendant’s points, we affirm the trial court’s judgment.

Factual Background

Defendant married Mother when Victim was “six or seven” years old. On September 2,

2017, an incident occurred at a McDonald’s play area when Victim stated to another boy, “I am

the king of penises.” The boy’s mother was very upset with Victim and reported the comment to

Victim’s aunt (“Aunt”) and Grandmother who were both at McDonald’s with Victim. When

Aunt tried to explain to Victim that a statement like that was not proper, Victim disclosed to her

that Defendant “makes me suck his private part.”

Aunt left McDonald’s with Victim and dropped him off at her house. She then drove to

Mother’s house and reported to Mother what Victim had said to Aunt. Mother spoke to Victim

at Aunt’s house and decided to take Victim to the sheriff’s department. While at the sheriff’s

department, Investigator interviewed Victim.

At the Child Advocacy Center a few days later, Tina Miller, a forensic interviewer

(“Interviewer”) interviewed Victim, and Celeste Williams, a nurse practitioner (“Nurse”),

performed a physical examination called a SAFE exam.

The matter proceeded to a jury trial. The State called Victim, Mother, Investigator,

Interviewer, and Nurse. Victim was 13 years old at the time of the jury trial. Victim testified

that when he was “seven or eight” years old Defendant made him suck on Defendant’s penis and

“it happened many times.” Victim further testified regarding several other very graphic incidents

with Defendant.

The video recordings of Victim’s forensic interviews were admitted into evidence at trial

and played for the jury. In those recordings, Victim described the sexual contact with Defendant.

2 Mother testified regarding her marriage to Defendant and how Defendant would babysit

Victim while she was at work. She also testified regarding the night of the McDonald’s incident

and the statements made by Victim. On cross-examination, defense counsel asked whether

Grandmother accused other men in the family of sexually abusing her grandchildren. After the

State objected based on relevance, defense counsel made an offer of proof in which Mother

testified Grandmother accused other men in the family of being sexually inappropriate with her

grandchildren. These accusations included when Grandmother accused her son-in-law of being

inappropriate with his daughter when she was sitting on his lap and he was driving her around in

his wheelchair. Grandmother had also been concerned about her son inappropriately touching

his three or four-year-old son. However, in response to this inquiry Mother testified, “I believe it

was still when I lived at home before I had [Victim]. It was whenever—he had, like, a tick on

his penis, and my mom--honestly, I want to say that she was intoxicated and had said something

about my brother being inappropriate.”

Mother further testified that when she was 16, Grandmother had made her go to a police

station and report things that she now considers “very inappropriate” with a 28-year-old man,

even though they did not have sexual intercourse. Grandmother had also accused Grandmother’s

former husband of having a relationship with a 16-year-old. Mother testified that none of

Grandmother’s allegations concerned a male placing another male’s penis in that male’s mouth,

a person licking another person’s anus, or two males each having the other person’s penis in their

mouth at the same time.

Defense counsel asked, “There’s a good chance that . . . maybe [Victim] has heard people

talking about some of these incidents?” and Mother replied, “I doubt it, but maybe.” Defense

counsel asked, “[I]t’s a possibility that [Victim] has heard some talk in the family about these

3 types of things?” and Mother replied, “Possible.” She testified that the incidents were talked

about within the family “not often” and “very rarely.” Mother testified that “[t]he kids may not

even know that [Grandmother] said this about them, honestly” and that “[Mother didn’t] even

know if they know that [Grandmother] had said these things.” Mother testified that she brought

up Grandmother’s allegations once with Defendant toward the end of 2015 and that it was

“possible” that Victim was in the same room or the next room at the time, but that “[she] tried

not to talk about things like that in front of [Victim].” Mother testified that as far as she knew,

Victim did not know anything about Grandmother’s allegations. After the State argued that

Grandmother’s allegations were “not even close to being identical” to Victim’s allegations

against Defendant, the trial court sustained the State’s objection.

The State also called Investigator who testified Victim immediately stated to her that

Mother “had married a horrible person that liked to touch privates.” Victim told her in detail

about many acts by Defendant of a sexual nature. Defense counsel asked Investigator whether

she recalled Mother’s texts to her relating a belief the police might not prosecute Defendant

because “there wasn’t enough evidence.” Investigator responded, “So [Mother] talked about

things [a police investigator] had said about polygraphs and stuff.” Investigator testified she told

Mother she would get an update from the officer. Defense counsel then asked, “Okay. And after

you talked to [the police investigator], it sounds like he was going to kick out a probable cause

statement and send it to the prosecutor?” Investigator answered, “Yes, that [Defendant]

wouldn’t do the polygraph and that there would be a probable cause statement sent to the

prosecuting attorney.” The following exchange then occurred between defense counsel, the

State, and the trial court:

4 Defense Counsel: I’m not really sure at this point what to do. It’s already kind of out there in front of the jury, but we’ve heard about a polygraph twice now. State: Well, at this time I think they’re stuck with their question and her answer. Trial Court: I do too. Defense Counsel: Yeah.

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Related

State v. Stewart
265 S.W.3d 309 (Missouri Court of Appeals, 2008)
State v. Carter
71 S.W.3d 267 (Missouri Court of Appeals, 2002)
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State of Missouri v. Christopher L. Collings
450 S.W.3d 741 (Supreme Court of Missouri, 2014)
State of Missouri v. Alan John Gorman
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State of Missouri v. Robert Blake Blurton
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STATE OF MISSOURI v. JONATHAN G. NEWTON, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-missouri-v-jonathan-g-newton-moctapp-2024.