State v. Coleman

673 So. 2d 1283, 1996 WL 221642
CourtLouisiana Court of Appeal
DecidedMay 1, 1996
Docket95-KA-1890
StatusPublished
Cited by9 cases

This text of 673 So. 2d 1283 (State v. Coleman) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Coleman, 673 So. 2d 1283, 1996 WL 221642 (La. Ct. App. 1996).

Opinion

673 So.2d 1283 (1996)

STATE of Louisiana
v.
Russell J. COLEMAN.

No. 95-KA-1890.

Court of Appeal of Louisiana, Fourth Circuit.

May 1, 1996.

*1285 Harry F. Connick, District Attorney of Orleans Parish, Theresa A. Tamburo, Assistant District Attorney of Orleans Parish, New Orleans, for the State of Louisiana.

Alton J. Hall, Jr., Supervising Attorney, Robert Larkin, Student Attorney, Tulane Law Clinic, New Orleans, for Defendant/Appellant.

Before LOBRANO, PLOTKIN and MURRAY, JJ.

PLOTKIN, Judge.

This appeal presents a significant issue of criminal evidence. We consider whether statements made by a victim of molestation and rape to a forensic medical expert are admissible, and, if so, whether they may include references to sexual abuse of the victim prior to the crimes charged. We hold that reports of prior sexual abuse to a forensic medical expert are inadmissible under the circumstances of this case. However, we find their admission harmless because of the presence of sufficient independent and uncontradicted evidence to sustain the conviction.

On December 16, 1993, Russell J. Coleman was indicted by grand jury for aggravated rape (La.R.S. 14:42), attempted aggravated crime against nature (La.R.S. 14:27, 89.1), and aggravated burglary (La.R.S. 14:60). After trial on April 24 and 25, 1995, a twelve-person jury found him guilty as charged on all three counts. On May 3, 1995, the State filed a multiple bill as to count three. After a hearing on that date, the trial judge found Coleman to be a second offender. He was then sentenced concurrently to life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence for aggravated rape; fifteen years at hard labor without benefit of probation, parole, or suspension of sentence for attempted aggravated crime against nature; and sixty years at hard labor as a multiple offender for aggravated burglary. Coleman appeals contending that (1) the trial judge erred in admitting hearsay through a physician's report of patient history, (2) the trial judge erred in allowing evidence of other prior bad acts, and (3) there was insufficient evidence to convict him of aggravated rape and attempted aggravated crime against nature. Coleman does not appeal his conviction and sentence for aggravated burglary.

Charlotte Coleman had two children, including the victim S.R., when she married Russell Coleman and moved to California in July 1991. It is alleged that on three or four occasions when Charlotte was at work Russell fondled S.R. who was approximately ten years old at the time. In 1993, the family returned to New Orleans and resided at 1267 South Johnson Street with S.R.'s grandmother. It is alleged that Russell continued to fondle S.R. After a couple of months, Charlotte, Russell, and the children moved to an apartment at 816 North Gayosa Street. It is alleged that in July 1993 after S.R.'s twelfth birthday, Russell fondled S.R. and told her to go into the bathroom and remove her clothes. He pushed her into the bathroom, locked the door, and twisted her arm behind her back to force her to remove her clothing. He leaned her over the bathtub and vaginally raped her. S.R. then took a bath and threw away her clothing including underwear that was stained with semen. S.R. did not report these incidents to her mother because Russell threatened her.

On August 16, 1993 at approximately 4:00 a.m., it is alleged that Russell woke S.R. and told her to remove her bra. When she refused, he threatened to hit her with a broom and he tried to force her to fellate him. Because this was the first time that her mother was home when she was being abused, S.R. escaped and woke her mother to tell her that Russell attacked her. Charlotte confronted Russell and noticed that he had an erection. They argued and Russell left the apartment. The police were called but no report was written because the responding officer, Ronald White, mistakenly believed that the matter would be pursued by the child abuse division. The next day Alan Johnson, a friend of Charlotte who she subsequently married, helped Charlotte and the children move to 919½ North Lopez Street, *1286 where Charlotte intended to reside without Russell, whose name was not on the lease.

On August 16, 1993, at approximately 10:00 p.m., Charlotte ran into her children's bedroom after she heard S.R. try to scream. Alan Johnson followed. The room was dark and they heard Russell, who did not have Charlotte's permission to enter the apartment and who had apparently climbed through a window, threaten to cut S.R.'s throat. Alan struggled with Russell, who was initially holding a knife, while Charlotte escorted the children from the room. When Officer White responded, he found Russell held in a headlock by Alan and a knife nearby. Officer White advised Russell of his rights and Russell indicated that he understood his rights before saying, in the officer's words, "Man, this has been going on. And, how it started was he overheard the two juveniles, females, either playing with they self or talking about they self in the bathroom. He told the juvenile that he would use that against her to gain for what he wanted from her. He would tell her mother." S.R. had marks on her neck from the knife and bruises on her face. Russell was arrested.

S.R. denied that Russell had ever raped her when questioned by the police. In November 1993 as they prepared for trial, S.R. revealed to Charlotte that she had been raped by Russell in July 1993. S.R. was not examined until February 1995 when she was referred by the District Attorney to Dr. Catherine Coffman for evaluation. It was stipulated that Dr. Coffman is an expert in pediatrics and child sexual abuse. Dr. Coffman testified that she interviewed S.R. who told her that she had been raped and repeatedly fondled. A physical examination revealed a typical adolescent hymen and lab studies returned negative. Dr. Coffman opined that the lack of physical evidence was consistent with the rape of a child of this age eighteen months prior to the exam.

The defense called no witnesses.

In his first assignment of error, appellant contends that the trial court erred in admitting hearsay through the testimony of Dr. Coffman. Specifically, appellant asserts that information provided by S.R. and her mother to Dr. Coffman is not admissible as statements made for the purposes of medical treatment or diagnosis in accordance with La.C.E. art. 803(4) because Dr. Coffman took the patient's history eighteen months after the sexual abuse occurred. The State replies that a history of sexual assault is relevant to diagnosis and treatment.

In State v. Watley, 301 So.2d 332, 334 (La.1974), a psychiatrist who was called to testify about the functional level and personality of a mentally retarded prosecutrix relayed the circumstances of her rape to the jury. The Louisiana Supreme Court discussed the admissibility of physician reports of patient histories in the context of sex offenses:

The use of hearsay history of the case as told to the physician by the patient may be admissible if received not to show the truth of the facts stated but only the basis for his opinion, but all hearsay history not necessary to this diagnosis is inadmissible.
Nevertheless, because of the possibility of abuse, the physician's testimony before a jury of the facts recited to him by one he examines or treats has often been limited by various judicial rules.

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Cite This Page — Counsel Stack

Bluebook (online)
673 So. 2d 1283, 1996 WL 221642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coleman-lactapp-1996.