State v. Dreimanis

593 N.W.2d 750, 8 Neb. Ct. App. 362, 1999 Neb. App. LEXIS 129
CourtNebraska Court of Appeals
DecidedApril 27, 1999
DocketA-98-650
StatusPublished
Cited by27 cases

This text of 593 N.W.2d 750 (State v. Dreimanis) is published on Counsel Stack Legal Research, covering Nebraska 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. Dreimanis, 593 N.W.2d 750, 8 Neb. Ct. App. 362, 1999 Neb. App. LEXIS 129 (Neb. Ct. App. 1999).

Opinion

Carlson, Judge.

Ronald R Dreimanis appeals from his conviction, following a jury trial, for first degree sexual assault on a child. For the reasons set forth below, we affirm.

STATEMENT OF FACTS

On September 9, 1997, Dreimanis was charged with first degree sexual assault on a child for incidents having occurred between March 1, 1995, and August 10, 1997. He entered a not guilty plea on October 22, and the matter was set for trial. On March 3, 1998, the district court held three hearings: a hearing pursuant to Neb. Evid. R. 404, Neb. Rev. Stat. § 27-404 (Reissue 1995), to determine the admissibility of evidence of Dreimanis’ prior acts (404 hearing); a hearing to determine admissibility of Dreimanis’ prior conviction for a 1987 sexual assault, offered pursuant to Neb. Evid. R. 609, Neb. Rev. Stat. § 27-609 (Reissue 1995), for impeachment of his credibility, pursuant to State v. Olsan, 231 Neb. 214, 436 N.W.2d 128 (1989) (Olsan hearing); and a hearing to determine the voluntariness of Dreimanis’ statements to investigating officers during the investigation of the instant case, as required by Jackson v. Denno, 378 U.S. 368, 84 S. Ct. 1774, 12 L. Ed. 2d 908 (1964) (Denno hearing).

404 Hearing

At this phase of the proceedings, the court received into evidence a transcript of the testimony by the 7-year-old victim, whom we will refer to as “Jane.” Jane also testified at the hearing. According to Jane, Dreimanis had forced her to touch his penis with her hands and had inserted his penis, covered with peanut butter and jelly, into her mouth and also did the same with her younger brother.

Subsequently, another victim, whom we will refer to as “Mary,” testified that in 1987, when she was 9 years old and when Dreimanis was approximately 19 years of age, Dreimanis had kissed, fondled, and digitally penetrated her while Mary’s *365 little sister was in the room. Tim Domgard next testified that in 1987, he had been a detective sergeant with the Lincoln Police Department and, at that time, had investigated Dreimanis’ 1987 assault on Mary. According to Domgard, Dreimanis had initially denied the allegations but later stated that he had digitally penetrated Mary after she had kissed him, rubbed his penis, and placed his hands between her legs. The court then admitted, for purposes of the 404 hearing, a report establishing that on April 14, 1988, Dreimanis had pled guilty to sexual assault on Mary and had been adjudged guilty. Finally, Officer Luke Wilke of the Lincoln Police Department testified to his investigation of the pending first degree sexual assault charge involving Jane. He testified that Dreimanis had first denied the allegations. Wilke testified that Dreimanis subsequently claimed that Jane had attempted to get him to put peanut butter and jelly on his penis so that she could lick it off but that he had only put peanut butter on his finger and had Jane lick it off his finger.

Olsan Hearing

The court next conducted an Olsan hearing to determine whether the State could, pursuant to rule 609, offer evidence of the prior assault for impeachment purposes, should Dreimanis testify. During this hearing, the court received exhibit 3 into evidence, which contains documents relating to the 1987 assault and conviction involving Mary.

Denno Hearing

The court then immediately held a Denno hearing, at which time Wilke again testified, this time regarding his questioning of Dreimanis during Wilke’s investigation of the pending sexual assault case involving Jane. Wilke testified that he had advised Dreimanis of his Miranda rights prior to questioning him and that Dreimanis had signed a form verifying his understanding of those rights. Wilke denied using any coercion during that questioning and testified that he stopped questioning Dreimanis once Dreimanis indicated he might want an attorney. A copy of the Miranda warning and waiver form, signed by Dreimanis, was entered into evidence.

On March 4,1998, at the conclusion of all three hearings, the court ruled as follows:

*366 With respect to 404, I have determined that evidence with respect to the acts concerning [Jane]’s brother... are admissible, as well as the previous events with [Mary] with respect to the prior conviction. It is admissible for purposes of impeachment should the defendant testify.
And then I do find that the statements the defendant made to Officer Wilke were freely and voluntarily made and those will be admissible as well.

Trial

At trial, Domgard testified, over objection, regarding his investigation of the assault on Mary; Jane testified about being assaulted by Dreimanis; Jane’s mother testified about her discovery of the sexual assault; and Wilke testified regarding Dreimanis’ statements to the police. At the close of the State’s case in chief, the following colloquy occurred:

MS. NELSON: Your Honor, at this time the State has its last piece of evidence which would be a stipulation of facts that is agreed on by the parties and I would ask leave to orally present that stipulation of facts.
MS. NELSON: The parties stipulate and agree as follows:
One, that on or about April 14, 1989, the defendant... entered a plea of guilty to a criminal charge of sexual assault of a child ....
Two, that this charged [sic] pertained to the sexual assault of [Mary] which occurred on September 5, 1987; and
Three, that the court accepted the defendant’s . . . plea and found him guilty of that charge.
THE COURT: Is that stipulated to by the defendant, Mr. Hays?
MR. HAYS: Your Honor, I do object to the admissibility of the facts the State proposed to stipulate, under Rule 404, on relevancy. In anticipation of the court’s ruling on that, we would, however, stipulate that that is an accurate statement of fact.
*367 THE COURT: Okay. The court does overrule the 404 objection and with that objection preserved, is it so stipulated?
MR. HAYS: Yes. That is a correct recitation of the facts.
MS. NELSON:... I may have said the plea was in ‘89. If I misspoke, the plea was April 14th of 1988.

The matter was submitted to the jury on March 10,1998. The jury was given instruction No. 12 as follows:

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Related

State v. Haynes
299 Neb. 249 (Nebraska Supreme Court, 2018)
State v. Enriquez-Beltran
616 N.W.2d 14 (Nebraska Court of Appeals, 2000)
State v. Clark
605 N.W.2d 145 (Nebraska Court of Appeals, 2000)
State v. Dreimanis
603 N.W.2d 17 (Nebraska Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
593 N.W.2d 750, 8 Neb. Ct. App. 362, 1999 Neb. App. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dreimanis-nebctapp-1999.