State v. Bettin

295 N.W.2d 542, 1980 Minn. LEXIS 1476
CourtSupreme Court of Minnesota
DecidedJuly 3, 1980
Docket50143
StatusPublished
Cited by65 cases

This text of 295 N.W.2d 542 (State v. Bettin) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bettin, 295 N.W.2d 542, 1980 Minn. LEXIS 1476 (Mich. 1980).

Opinions

KELLY, Justice.

Defendant was acquitted by a district court jury of two counts of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(c) & (e)(i) (1978) but was found guilty of a lesser-included offense of criminal sexual conduct in the third degree, Minn.Stat. § 609.344(c) (1978) (penetration accomplished by use of force or coercion). The trial court sentenced defendant to a maximum indeterminate prison term of 10 years. On this appeal from judgment of conviction defendant contends (1) that the evidence that force or coercion was used was legally insufficient, (2) that the trial court prejudicially erred in denying a defense motion to prohibit the state from using a prior rape conviction to impeach defendant if he testified, and (3) the trial court erred in denying a mistrial motion based on a claim by defense counsel that the jury may have seen defendant handcuffed to a witness and that this witness, when testifying for the state about his rela[544]*544tionship with defendant and defendant’s activities on the day of the incident, was dressed in distinctive prison attire. We affirm.

Defendant, who was 50 years old at the time of this offense, previously has been an appellant in this court in a criminal case. Specifically, in State v. Bettin, 309 Minn. 578, 244 N.W.2d 652 (1976), we affirmed defendant’s conviction and 30-year sentence for an August 1974 aggravated rape of an 83-year-old woman friend of his parents who lived in a different unit of the same apartment complex for older people in which his parents lived. The incident with which we are concerned occurred on October 25, 1978, when defendant was out of prison as part of a work-release program. The complainant, a 24-year-old married woman, had met defendant through a woman friend with whom defendant lived in South St. Paul, and complainant’s husband befriended defendant.

Complainant had a 12:30 to 1:30 lunch hour on her clerical job in South St. Paul and she usually used this time to drive home and eat and also let her dog out of the house. Normally punctual, complainant did not return to work on October 25 until after 2 p. m. and she immediately broke down and told a close friend and fellow employee that she “was raped by Willie,” i. e., defendant. This friend, who observed red marks on complainant’s neck, where complainant had been choked, called the police, who came and talked with complainant. Complainant told the police that as she was driving home defendant, standing at an intersection, had yelled at her, got her to stop, and insisted that he had to talk with her. She stated that she was reluctant to get involved with him but acquiesced and took him with her, thinking that they would talk while she ate. She stated that it was at home that defendant grabbed her by the throat, choked her and forced her to have intercourse with him. She stated that after defendant had finished, she agreed to give him a ride to a certain intersection as she drove back to work.

While being driven to the hospital complainant saw defendant standing by a bus stop and told the officer, who stopped and arrested defendant before transferring him to the custody of other officers who responded to a call for assistance. The examination of complainant at the hospital showed the presence of both semen and sperm in her vagina. The doctor also noted the presence of red marks on her neck, which were consistent with her having been choked.

Defendant was given a Miranda warning and questioned at the station. He first claimed physical impossibility. He also claimed that he had not seen complainant in two to three weeks. Defendant’s blood alcohol content at the time was .11% by weight.

Later in the day defendant, at his insis-tance, gave a longer statement, which was recorded and which he later signed, in which he gave the full story of his relationship with complainant and her husband and in which he admitted having sexual intercourse with complainant but claimed it was her idea and that she had helped him overcome his physical difficulty in having intercourse.

Complainant at trial elaborated on her statement to the police but her testimony, like the testimony of all the witnesses for the state, was “sanitized” so as not to refer to defendant’s prior criminal record, even if it meant excluding relevant evidence. Thus, the jury did not get a true picture of how complainant came to know defendant, only that her husband had helped defendant in some way.

Defense counsel, who conducted a vigorous defense, sought and obtained permission to cross-examine complainant about her marital problems, specifically the fact that she had arguments with her husband. He also obtained permission to elicit evidence relating to a prior incident in which complainant had claimed that a man had attempted to rape her. This evidence related to complainant’s relationship with her husband’s father’s second wife’s son. This man, who lives in W.est Virginia, testified [545]*545that the attempted rape claim had been a false one, that intercourse had occurred and that it was consensual.

Defense counsel also sought an order prohibiting the prosecutor from impeaching defendant, if he testified, with any of his prior convictions, specifically, a 1948 one for robbery, a 1973 one for breaking and entering, and the 1974 one for aggravated rape. The prosecutor stated that he did not wish to use the 1948 or the 1973 convictions but that he wanted to use the 1974 one for aggravated rape. The trial court, after carefully considering the matter, refused to prohibit use of the aggravated rape conviction. Apparently as a result of this order, defendant decided not to testify. However, the defendant’s version of what happened did get before the jury by way of the expurgated or sanitized version of defendant’s tape-recorded and transcribed statement to the police in which he claimed consent.

There is no merit to defendant’s contention that the evidence was legally insufficient to show that he used “force or coercion” to accomplish penetration. Complainant promptly complained, she was visibly upset, there were red marks on her neck consistent with her having been choked, the tests showed the presence of semen and sperms, and she consistently insisted that defendant had raped her. Defendant first claimed impossibility and alibi; it was only after thinking about it that he claimed consent. The only motive that he could think of for her lying was that she needed an excuse for having been late in getting back to work from lunch.

Similarly, the record does not support defendant’s claim that the jury saw defendant handcuffed to the witness-friend or that it could infer that this witness’ clothes were prison-issued clothes.

The main issue is the contention on appeal that the trial court prejudicially erred in refusing to prohibit the use of the 1974 aggravated rape conviction.

The applicable rule is R. 609, R.Evid., which provides in relevant part as follows:

(a) General rule.

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Cite This Page — Counsel Stack

Bluebook (online)
295 N.W.2d 542, 1980 Minn. LEXIS 1476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bettin-minn-1980.