State v. Davison

884 S.W.2d 701, 1994 Mo. App. LEXIS 1534, 1994 WL 524151
CourtMissouri Court of Appeals
DecidedSeptember 27, 1994
DocketNo. 18923
StatusPublished
Cited by7 cases

This text of 884 S.W.2d 701 (State v. Davison) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Davison, 884 S.W.2d 701, 1994 Mo. App. LEXIS 1534, 1994 WL 524151 (Mo. Ct. App. 1994).

Opinion

MONTGOMERY, Judge.

Defendant was found guilty by a jury on two counts of first degree sexual abuse in violation of § 566.100.1(2), RSMo Supp.1993. He was sentenced to consecutive terms of imprisonment totaling six years and fined $1,500 on each count. He appeals from that judgment. We affirm.

The sufficiency of the evidence is not challenged. The evidence, viewed in the light most favorable to the verdict, discloses that Defendant was married to the mother of S.S., a girl nine years old at the time of trial. Her friend, B.B., was the same age. Both young girls testified that Defendant, at various times, touched them on their “privates” with his finger. A videotaped statement from each girl was made by a Greene County deputy juvenile officer and shown to the jury.

A Springfield police detective testified he interviewed Defendant on at least two occasions. The first time Defendant denied any sexual involvement with the girls. The second time Defendant confessed that he had touched both girls on their vaginas but only through their clothing. Defendant admitted that “it turned him on.”

Defendant presented no evidence except for the testimony of a medical doctor who said he found no physical evidence of sexual abuse regarding either girl. However, the doctor added that the absence of physical findings did not mean that no sexual abuse had occurred.

Well in advance of trial, Defendant sought to examine the records pertaining to B.B. and S.S. compiled by the Missouri Division of Family Services (DFS) and the Greene County Juvenile Office. His specific discovery motion regarding these records alleged that “hotline calls have been received concerning [B.B.] concerning a ‘step-parent situation,’ ” and that the requested records may contain other information bearing on the credibility of the witnesses.

Prior to the filing of this specific discovery request, the State had provided Defendant with two written summaries of the DFS records concerning B.B. and S.S. According to Defendant, one of the summaries indicated that B.B. might have been molested by another step-parent and that she initially denied that Defendant “had ever done anything to her.”

On May 19, 1993, one week prior to trial, a hearing was held on Defendant’s discovery request. At this hearing, Defendant’s counsel indicated that information contained in the summaries caused him to seek all reports upon which the summaries were based. Defendant’s counsel concluded his argument by requesting, “In the alternative, if the Court is considering not sustaining my motion, then I would ask the Court to receive the documents, to order them produced to the Court in camera to look at to make a determination as to whether both counsel should have a right to look at them.” The trial court denied Defendant’s request to examine the records but made no ruling on his alternative request.

Undaunted, Defendant, by a subpoena duces tecum, caused both sets of records to be produced in court on the first morning of trial. The DFS records, consisting of almost 400 pages, were marked as Court’s Exhibit A, and the juvenile records were marked as Court’s Exhibit B. Both exhibits were made part of the record. The trial court denied Defendant’s oral request to inspect the records but indicated the court would examine them in camera.

The next morning the court announced that both exhibits had been examined and said:

There’s nothing in the — neither record that pertains to this case, or that would be admissible. And I’ve disclosed to Mr. Wampler [defense counsel] basically what is in the files, at least my opinion of what is in the files, ... The files on [B.B.’s mother] pertain to another daughter that I took [703]*703custody of several years ago in juvenile. The only report on [S.S.] is one report where the babysitter didn’t show up, and so they opened a protective service case on [S.S.’s mother], and required her to get a permanent babysitter and make some permanent recommendations. That’s absolutely the only thing there, and the juvenile files, everything in the juvenile files have been produced to my knowledge.

The records were sealed and placed in the court file.

Defendant’s first point alleges that the trial court erroneously denied his requests to examine the DFS and juvenile records because the State’s interest in the confidentiality of the records was outweighed by Defendant’s due process rights to confront his accusers. He further alleges he was prejudiced because disclosure of the records could have affected the outcome of the trial.

Because the credibility of S.S. and B.B. was important in the jury’s determination, Defendant asserts that the court should have allowed him access to the records in order to effectively cross-examine each girl. With reliance on Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194,10 L.Ed.2d 215 (1963), Defendant reminds us that the State’s suppression of evidence favorable to and requested by an accused violates the due process clause of the Fourteenth Amendment where the evidence is material to guilt or punishment, irrespective of the good faith or bad faith of the prosecution. The Brady rule is sound but it does not speak to disclosure of records made confidential by state statute.

Section 210.1501 generally provides that DFS records are confidential. However, this statute allows the DFS to provide information to a “grand jury, juvenile officer, prosecuting attorney, ... juvenile court or other court conducting abuse or neglect or child protective proceedings.” § 210.150.1(4).

Confidentiality of juvenile records is mandated by § 211.321.1 which provides that such records “shall not be open to inspection or their contents disclosed, except by order of the court to persons having a legitimate interest therein.”

Citing Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974), Defendant argues that any state interest in the confidentiality of the juvenile records is outweighed by his right to confront and examine his accuser. He claims this rationale should equally apply to DFS records.

In Davis, a state witness was on probation from a juvenile court adjudication. Defendant believed he was entitled to cross-examine the witness concerning his juvenile record to show the witness testified to avoid being a suspect and to maintain his probationary status. The United States Supreme Court agreed and held that the defendant’s right to cross-examine the witness for bias and influence outweighed the state’s interest in protecting the anonymity of juvenile offenders. Id. at 320, 94 S.Ct. at 1112.

Defendant concedes that Missouri courts have applied the Davis rule only in similar factual situations. See State v. Baker, 859 S.W.2d 805 (Mo.App.1993); State v. Russell, 625 S.W.2d 138 (Mo. banc 1981). However, Defendant makes clear that he sought the privileged records not for prior juvenile court adjudications but solely for information that might reveal prior inconsistent statements or other matters bearing on credibility. This issue was before the United States Supreme Court in Pennsylvania v. Ritchie,

Related

State Ex Rel. White v. Gray
141 S.W.3d 460 (Missouri Court of Appeals, 2004)
State v. Goldman
140 S.W.3d 280 (Missouri Court of Appeals, 2004)
In the Interest of T.F. v. K.F.
142 S.W.3d 819 (Missouri Court of Appeals, 2004)
In Re TF
142 S.W.3d 819 (Missouri Court of Appeals, 2004)
State v. Koenig
115 S.W.3d 408 (Missouri Court of Appeals, 2003)
State v. Gateley
907 S.W.2d 212 (Missouri Court of Appeals, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
884 S.W.2d 701, 1994 Mo. App. LEXIS 1534, 1994 WL 524151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davison-moctapp-1994.