State v. Blakeman

688 S.E.2d 525, 202 N.C. App. 259, 2010 N.C. App. LEXIS 171
CourtCourt of Appeals of North Carolina
DecidedFebruary 2, 2010
DocketNo. COA09-699
StatusPublished
Cited by4 cases

This text of 688 S.E.2d 525 (State v. Blakeman) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Blakeman, 688 S.E.2d 525, 202 N.C. App. 259, 2010 N.C. App. LEXIS 171 (N.C. Ct. App. 2010).

Opinion

BEASLEY, Judge.

Defendant (Brian Blakeman) appeals from judgments entered upon his convictions of one count of statutory sexual offense, five counts of indecent liberties, and habitual felon status. We concluded that there was no error at trial but remand for resentencing.

In October 2007 Defendant was indicted on five counts of taking indecent liberties with a child, in violation of N.C. Gen. Stat. § 14-202.1; one count of statutory sexual offense in violation of N.C. Gen. Stat. § 14-27.7A(a); and for habitual felon status, in violation of N.C. Gen. Stat. § 14-7.1. The charges included two counts alleging sexual offenses committed against “Kathy” and four sexual offenses committed against “Ann.”1 The trial court denied the State’s motion to join charges alleging sexual abuse of both victims for trial. The trial court first held the trial where Defendant was charged with sexual offense and indecent liberties committed against Kathy.

Defendant was tried before a Johnston County jury in September 2008. Kathy testified that she was born in 1993 and that in April 2007 she was thirteen-years-old. Kathy and Ann were “very close.” Ann lived with her mother, the Defendant, and her younger sister Barbara2. Kathy testified that Defendant touched her inappropriately during an April 2007 overnight visit to Ann’s house. When Kathy arrived on Friday afternoon, Defendant asked her for a hug. Ann’s family had recently found a baby squirrel. When Kathy and Ann went with Defendant to buy squirrel food, Kathy rode in the front seat and Defendant held Kathy’s hand during the drive.

Kathy spent Friday night at Ann’s house. On Saturday morning Kathy awoke before Ann, and went to the living room. Defendant was sitting on the couch and Barbara was on the floor playing with the baby squirrel. Defendant told Barbara to take the squirrel to her room, and asked Kathy to sit next to him on the couch. When Kathy sat down, Defendant put his arm around her shoulder, then reached down under her shirt and beneath her bra, and squeezed her breast. After fondling her breast, Defendant stuck his hand down her pants, inserted his fingers in her vagina and moved his fingers “in and out, probably about four times.” Defendant also pulled Kathy close and stuck his tongue in her mouth. Kathy was curled up in a corner of the couch and Defendant was leaning over her, when Ann came into the [262]*262living room. Defendant moved away and Kathy got up from the couch. She followed Ann out of the living room, and told her that Defendant had touched her.

Later that day, Defendant took Barbara, Ann, and Kathy fishing at a nearby lake and Ann and Kathy talked privately. When Kathy told Ann the details of her encounter with Defendant, Ann started crying and told Kathy that Defendant had “been touching her” since she was seven-years-old. Ann made Kathy promise not to reveal the incident to anyone, because she feared that disclosure of Defendant’s behavior would “ruin” her family. Kathy went home after the fishing trip. Before she left, Defendant told Kathy not to tell anyone what had happened and tried to kiss her.

Kathy wrote a note to her boyfriend David3 about the incident and about a month later, David’s grandmother found the note. David’s grandmother showed the note to David’s mother, who called Kathy’s mother. Kathy and her mother went to David’s house, where David’s mother showed Kathy’s mother the note. Kathy told her mother that Defendant had molested her. Kathy’s mother called the police and Kathy talked with several law enforcement officers and a social worker from Johnston County Department of Social Services (DSS). After Kathy’s mother reported the incident to the police, Ann’s family moved to Connecticut, and Kathy had no further contact with Ann before the trial. Kathy testified that when Defendant molested her she felt scared, disgusted, and “stuck.” She was reluctant to reveal that Defendant had touched her, because she felt scared and embarrassed. After she was molested by Defendant, Kathy began to feel self-conscious about her body. Kathy’s trial testimony was corroborated by that of other witnesses for the State.

Johnston County Sheriff’s Department Detective Brian Johnson testified that in May 2007 he was an investigator assigned to the property crimes division. On 30 May 2007 Detective Johnson was working with Detective Ryan Benson, an investigator assigned to the Johnston County Sheriff’s Department major crimes division. They were dispatched to Kathy’s house to investigate alleged sexual abuse. After interviewing Kathy and her mother, the officers went to Defendant’s house. Detective Johnson recalled that Defendant first said he might have touched Kathy’s breast when the squirrel was running around on the couch, and later admitted “he did touch her tit.” Defense counsel cross-examined Detective Johnson extensively regarding Defendant’s [263]*263statements to the law enforcement officer, and questioned Detective Johnson about Defendant’s exact language and whether Defendant might have said breast instead of “tit.”

Detective Benson arrived at Defendant’s house at around 11:30 p.m. The detectives interviewed Defendant on his front porch. Defendant corroborated Kathy’s testimony that she sat in the front seat on their trip to buy squirrel food. He denied holding her hand, but admitted he might have “accidentally” touched her hand while shifting gears. Defendant told the officers that he had always gotten along with Kathy, who “would come up to him and open her arms up for a hug.” Defendant corroborated Kathy’s testimony that she sat with him on the couch on Saturday morning, but told the officers that Barbara and the baby squirrel had been in the living room with them. Defendant told the officers that he knew he was accused of “touching” Kathy, and initially said he “had never touched” Kathy. Later he said that he “may have touched [Kathy’s] breast while the squirrel was running around the couch.”

After the initial interview with Defendant, Detective Benson spoke with Ann and her mother, while Defendant remained on the porch with Detective Johnson. Thereafter, Detective Benson told Defendant “I believe you touched her” and “I need to know exactly how you touched her.” Defendant responded by saying “[a]ll right, I touched her tits.” Detective Benson asked Defendant to explain, and Defendant then told the officers that, as he and Kathy sat on the couch, Kathy “took his left hand and placed it between her tits.” Defendant said that he removed his hand from Kathy’s breasts, and denied any other inappropriate contact with Kathy.

Following the presentation of evidence, the jury found Defendant guilty of statutory sexual offense and indecent liberties. The jury also found the existence of the aggravating factor that Defendant “took advantage of a position of trust or confidence to commit the offense.” Defendant then pled guilty to attaining habitual felon status, and entered an “Alford” plea4 to committing four counts of indecent liberties against Ann, reserving the right to appeal the denial of his pretrial motion to suppress his statements to law enforcement officers. Defendant was sentenced to consecutive prison terms of 360 to 441 and 108 to 139 months imprisonment for statutory sex offense and [264]*264indecent liberties against Kathy, and a consolidated sentence of 21 to 26 months for the indecent liberties against Ann, to be served concurrently with the sentences for his offenses against Kathy. From these judgments and convictions, Defendant appeals.

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Related

State v. Blankenship
Court of Appeals of North Carolina, 2020
State v. Helms
Supreme Court of North Carolina, 2019
State v. Blakeman
698 S.E.2d 656 (Supreme Court of North Carolina, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
688 S.E.2d 525, 202 N.C. App. 259, 2010 N.C. App. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blakeman-ncctapp-2010.