State v. Ahto

1998 MT 200, 965 P.2d 240, 290 Mont. 338, 55 State Rptr. 851, 1998 Mont. LEXIS 177
CourtMontana Supreme Court
DecidedAugust 13, 1998
Docket97-118
StatusPublished
Cited by11 cases

This text of 1998 MT 200 (State v. Ahto) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ahto, 1998 MT 200, 965 P.2d 240, 290 Mont. 338, 55 State Rptr. 851, 1998 Mont. LEXIS 177 (Mo. 1998).

Opinions

JUSTICE LEAPHART

delivered the Opinion of the Court.

¶1 Donald Ahto (Ahto) appeals from the decision of the Thirteenth Judicial District Court, Yellowstone County, convicting him of one count of felony assault and one count of sexual intercourse without consent. Ahto contends that the District Court violated his constitutional right to confrontation by improperly excluding evidence pursuant to § 45-5-511(2), MCA, Montana’s rape shield statute. Ahto asserts that he was denied his right to a fair trial as a result of improper comments by the prosecutor. In addition, Ahto contends that he was prejudiced by the State of Montana’s (State’s) failure to disclose medical documents until after the trial. Finally, Ahto maintains that the State failed to establish that a clipper cord is a “weapon” within the meaning of § 45-2-101(76), MCA. Ahto seeks a new trial as relief. We affirm the decision of the District Court.

Factual and Procedural Background

¶2 January 22,1996, was a cold day and Ahto and his live-in girlfriend, T.G., stayed in their apartment and watched television together most of the day. At approximately 8:30 p.m., T.G. decided to go to the Lobby Liquor Lounge (the Lobby) where she frequently hung out. The Lobby was only a couple of blocks from their apartment, so T.G. walked. T.G. testified that when she arrived at the Lobby she recognized two of her friends, Chuck and Krista. T.G. had a few beers while she talked with her friends. Around 11:00 p.m., T.G. called Ahto from the Lobby to tell him that she would be home soon.

¶3 Around 1:30, the bartender indicated that he was getting ready to close the bar so Chuck and Krista offered T.G. a ride home. They stopped at the Holiday Store to purchase some cigarettes and T.G. called Ahto again from the store indicating that she was on her way home and asking if Ahto needed anything from the store.

¶4 T.G. testified that she arrived at home at about 2:15 a.m. and Ahto was waiting for her sitting in a chair in the kitchen. T.G. said that when she entered the door she could tell by Ahto’s facial expres[342]*342sions that he was angry with her. Ahto asked “Where the hell have you been?” When he found out that Chuck and Krista gave her a ride home, Ahto became enraged because T.G. was in a black man’s car. He then grabbed T.G., threw her across the room and began hitting her repeatedly in the face and chest.

¶5 Ahto told T.G. to take her clothes off. T.G. testified that she was frightened by Ahto’s conduct and decided to comply. As she was standing undressed, Ahto grabbed a set of electric clippers and began whipping T.G. across the back with the cord. Ahto then had T.G. get on the bed “on all fours.” Ahto had anal intercourse with T.G. three times without her consent. T.G. testified that throughout the episode, which lasted approximately two hours, Ahto continued to beat her with the cord and his fists. Ahto and T.G. fell asleep around 6:30 a.m. T.G. testified that she did not try to flee while Ahto was sleeping because she was afraid she would wake him and he would be angry.

¶6 Ahto, on the other hand, testified that T.G. did not arrive home until approximately 4:00 a.m. and that he was asleep in the chair waiting for her. Ahto explained that he was upset with T.G. because they had an on-going disagreement about T.G.’s cocaine habit and her prostituting herself to obtain drug money. Ahto testified that, after T.G. called at 2:15 a.m., he had received another phone call from an individual who deals drugs at the Parkway Motel who indicated that T.G. had been there.

¶7 Ahto testified that when T.G. entered the apartment, he noticed that her chin looked somewhat bruised, but that he was not concerned because she often came home with bruises from prostituting. In addition, Ahto indicated that he believed T.G. was under the influence of drugs. Ahto said that T. G. knew he was upset and was trying to make up with him by kissing him. He said that he pushed her away causing her to fall onto the couch. Ahto testified that they then engaged in consensual anal sex in the missionary position at T.G.’s request. Ahto explained that T.G. was often willing to have anal intercourse when she knew Ahto was mad at her. Ahto testified that he did not rape T.G., he did not hit her with a cord, and he did not hit her in the face.

¶8 At trial, Ahto and T. G.’s next door neighbor, Keith White, testified to his recollection of the events of January 22-23,1996. Mr. White said he went to bed at approximately 11:00 p.m. on January 22nd and that he was awakened in the middle of the night to the sound of screaming from Ahto and T.G.’s apartment. Mr. White explained that the walls in [343]*343the Darryl Apartments are very thin because it is an old building. In addition, Mr. White’s bed shared the same wall as the Murphy style bed in Ahto and T.G.’s apartment. Mr. White testified that he heard T.G. screaming in “sheer terror” and indicated that the screaming, crying and sounds of someone being hit lasted for several hours and would occur in approximately 20 minute intervals. Mr. White recalls looking at his clock right before he fell back to sleep, it was about 4:30 a.m. He testified, however, that he did not intervene or call the police because he does not have a telephone in his apartment. In addition, Mr. White explained that the only pay phone is at a restaurant across the street and because of his disability, it takes him two hours to dress himself. He believed that the incident would be over before he could summon help. Finally, Mr. White explained that several incidents have taken place at the Darryl Apartments and he has learned that it is better not to get involved. Mr. White did not want to become “another victim.”

¶9 The next morning Ahto arose first and went to collect some boxes. Ahto and T.G. had been evicted from their apartment and they had to move out that day. When Ahto returned he woke T.G. and they began packing. T.G. explained that she did not feel that she had an opportunity to leave or call anyone for help during that time. They moved their boxes across the hall to Ron Danford’s (Danford’s) apartment at about 5:00 p.m. Danford made a comment about T.G.’s bruises and Ahto explained that he had to give her a “whooping” because she had been out late the night before. Danford then told Ahto that he should not treat his girlfriend so badly if he loves her. To which Ahto replied if you (Danford) want to, “you take care of her.” Ahto then left Danford’s apartment in anger. After Ahto left, T.G. showed Danford her injuries. Danford called 911 and an ambulance was dispatched to the Darryl Apartments shortly thereafter. T.G. was treated by emergency medical personnel for pain and severe bruising to her jaw, her facial region and her scalp, bruising around her eyes, and bruising with linear marks through it in the thoracic region and on her arms and legs. James Evan Buchan, M.D., testified that T.G.’s injuries were consistent with her interpretation of the events. In addition, a rectal examination revealed four small tears to T.G.’s anus consistent with forced entry of the anus.

¶10 Ahto was charged with three counts of felony assault and one count of sexual intercourse without consent. Prior to trial, the State moved in limine pursuant to § 45-5-511(2), MCA, to exclude any evi[344]*344dence of T.G.’s prior sexual conduct. The District Court granted the State’s motion prohibiting prior sexual conduct evidence, including evidence regarding T.G.’s involvement in prostitution, during the State’s case-in-chief and during cross-examination of T.G.

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Cite This Page — Counsel Stack

Bluebook (online)
1998 MT 200, 965 P.2d 240, 290 Mont. 338, 55 State Rptr. 851, 1998 Mont. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ahto-mont-1998.