State v. Bright

505 S.E.2d 317, 131 N.C. App. 57, 1998 N.C. App. LEXIS 1240
CourtCourt of Appeals of North Carolina
DecidedOctober 6, 1998
DocketCOA97-963
StatusPublished
Cited by8 cases

This text of 505 S.E.2d 317 (State v. Bright) 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. Bright, 505 S.E.2d 317, 131 N.C. App. 57, 1998 N.C. App. LEXIS 1240 (N.C. Ct. App. 1998).

Opinions

TIMMONS-GOODSON, Judge.

Defendant was indicted on 12 February 1996 for one count of first-degree burglary, one count of first-degree kidnapping, three counts of first-degree sexual offense, and one count of first-degree rape. These charges were joined for trial, and the case was heard by a jury at the 4 November 1996 Criminal Session of Wilkes County Superior Court. The jury found defendant guilty on all counts, and the trial court sentenced defendant to six aggravated terms of imprisonment, to run consecutively. The pertinent facts follow.

The State’s evidence tended to show that on 7 October 1995, ten-year old Queena Lynn Taylor and her family spent the night at a neighbor’s trailer. The door to the trailer was unlocked, and a window was open in the living room where Queena and her younger brother were sleeping. Later that night, Queena awoke and found herself in the passenger seat of defendant’s car. She was naked and her mouth was covered with duct tape. Defendant, whom Queena knew because he lived in a nearby trailer, ordered her to get in the back seat. Then, he took off his clothes and climbed into the back seat as well. Thereupon, defendant engaged in sexual intercourse with Queena and committed a number of other sexual acts against her, before allowing her to get dressed. Queena testified that while she put on her clothing, she noticed blood on her clothes and on the car seat.

[59]*59After he and Queena got dressed, defendant drove for some distance on Interstate 81. During the drive, Queena spotted West Virginia signs, and at one point, defendant told her that they were near Charleston, West Virgina. Early the next morning, defendant dropped Queena off at Mountain View Elementary School, which Queena attended. The school was closed, however, and Queena had to find her way home.

When she reached her home, Queena told her mother, who had been searching for her, that defendant had abducted her and that he had touched her inappropriately. After contacting the police, Queena’s mother took Queena to Wilkes Regional Medical Center, where she was examined by Dr. Marshall Odom. Dr. Odom’s exam revealed that Queena had large contusions on both buttocks, an anal fissure, a laceration on the left side of her vagina, blood in her vagina, and a ruptured hymen. Dr. Odom could not conduct an internal exam because Queena was in a great deal of pain. Therefore, Dr. Odom called Dr. Thomas Frazer of the Wilkes County Child Medical Evaluation Program and asked him to perform an internal exam the following day.

Dr. Frazer examined Queena the following morning and, in addition to Dr. Odom’s findings, found a cut at the back of her vagina “similar to the episiotomy that many women experience at childbirth.” Dr. Frazer also found several cuts around her anus and an adult pubic hair inside her anal canal. Dr. Frazer questioned Queena about the source of these injuries, and she gave him a detailed account of her experience with defendant.

Detective Lieutenant Farrington of the Wilkes County Police Department attempted unsuccessfully to apprehend defendant at his trailer. Because of their inability to locate defendant, the Wilkes County police contacted the FBI. As part of the effort to secure his arrest, defendant was featured on “America’s Most Wanted” and “Unsolved Mysteries.” From tips received in response to these programs, defendant was ultimately captured in Nashville, Tennessee.

Following defendant’s arrest, the FBI impounded his car and conducted forensic tests on its interior. These tests revealed human blood on the seat cushion and carpet fibers matching those found on Queena’s clothing. In addition, a DNA analysis of a section of the crotch of Queena’s undergarments disclosed semen with a DNA banding pattern that matched a sample of defendant’s blood. The proba[60]*60bility that the DNA found on Queena’s undergarments belonged to someone other than defendant was approximately 1 in 2.1 billion.

At the close of the State’s evidence, defendant moved to dismiss all of the charges against him. The trial court denied the motion, and defendant presented his defense. The jury deliberated and returned guilty verdicts on all of the offenses charged. Defendant appeals.

Defendant’s first argument is that the trial court erred in permitting an expert witness to testify that the complainant, Queena, was a “reliable informant.” Defendant contends that this constituted inadmissible expert opinion testimony regarding Queena’s credibility. This argument is unpersuasive.

The law governing the scope of expert opinion testimony concerning the credibility of a witness is well established in this state. Under Rule 405(a) of the North Carolina Rules of Evidence, “[e]xpert testimony on character or a trait of character is not admissible as circumstantial evidence of behavior.” N.C.R. Evid. 405(a). Accordingly, “expert testimony as to the credibility of a witness is not admissible.” State v. Wise, 326 N.C. 421, 426, 390 S.E.2d 142, 145, cert. denied, 498 U.S. 853, 112 L. Ed. 2d 113 (1990), denial of habeas corpus aff’d, 976 F.2d 729 (4th Cir. 1992).

Defendant objects to the following testimony given by Child Medical Evaluation Physician, Dr. Thomas Frazer, about his interview and evaluation of the victim:

Queena was interviewed by herself alone with only me in the conference room. She was an intelligent, bright child who is, is or was at that time in the fourth grade at Mountain View Elementary School, and was very able to describe what happened to her with careful detail and without making any inconsistencies, whatsoever. I believed that she was a reliable informant.

Defendant contends that the description “reliable informant” constituted impermissible opinion testimony regarding the victim’s credibility as a witness. However, this statement was not a comment on Queena’s credibility as a testifying witness, but was Dr. Frazer’s professional observation that at the time of the interview, he “believed” he could relv on the information Queena gave him in forming an opinion as to the source of her injuries. Thus, the statement was proper and admissible.

[61]*61This conclusion is consistent with our Supreme Court’s decisions in Wise, 326 N.C. 421, 390 S.E.2d 142, and State v. Kennedy, 320 N.C. 20, 357 S.E.2d 359 (1987). In Wise, the trial court allowed an expert witness to use the word “genuine” in describing the emotions of the minor victim while she recounted the sexual assault against her. Our Supreme Court ruled that the testimony was admissible, since it was not an opinion on the victim’s credibility, but “a description of the witness’ observation of the victim’s emotional state during the counseling session.” 326 N.C. at 425, 390 S.E.2d at 145. The Court, therefore, held that the trial court committed no error in admitting the testimony.

The Court held similarly in Kennedy. When asked on direct examination about the victim’s performance on certain personality and IQ tests, the expert, Dr. Dew, testified that the victim responded in an “honest fashion.” Finding this testimony admissible, the Court stated the following reasoning:

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State v. Bright
505 S.E.2d 317 (Court of Appeals of North Carolina, 1998)

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Bluebook (online)
505 S.E.2d 317, 131 N.C. App. 57, 1998 N.C. App. LEXIS 1240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bright-ncctapp-1998.