State v. Driggers

554 So. 2d 720, 1989 WL 150140
CourtLouisiana Court of Appeal
DecidedDecember 6, 1989
Docket21,249-KW
StatusPublished
Cited by48 cases

This text of 554 So. 2d 720 (State v. Driggers) 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. Driggers, 554 So. 2d 720, 1989 WL 150140 (La. Ct. App. 1989).

Opinion

554 So.2d 720 (1989)

STATE of Louisiana, Appellee,
v.
Fred DRIGGERS, Appellant.

No. 21,249-KW.

Court of Appeal of Louisiana, Second Circuit.

December 6, 1989.

*721 McKeithen, Thurman & McKeithen, Monroe, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, William R. Coenen, Dist. Atty., Rayville, E. Rudolph McIntyre, Jr., Asst. Dist. Atty., Winnsboro, for appellee.

Before HALL, MARVIN and SEXTON, JJ.

SEXTON, Judge.

We granted defendant's writ application in order to review the district court's denial of his motion to suppress other crimes evidence at his trial on multiple counts of indecent behavior with a juvenile in violation of LSA-R.S. 14:81 and multiple counts of aggravated oral sexual battery in violation of LSA-R.S. 14:43.4. For reasons which will be considered more fully below, we affirm the district court's ruling and recall the writ.

FACTS

Defendant was indicted by a parish grand jury on four counts of indecent behavior with a juvenile and two counts of aggravated oral sexual battery, all involving his granddaughter, J.D., aged six at the times the offenses are alleged to have occurred.

After defendant's indictment, the state filed several notices of intent to use evidence of other crimes in accordance with State v. Prieur, 277 So.2d 126 (La.1973), which it alleged defendant committed with other female juveniles several years prior to the instant charges. The state's express purpose for introducing evidence of other *722 crimes was, among many others, to show the lustful disposition of the defendant, to show defendant's pattern and mode of operation while molesting young female victims like J.D., to show that the crimes with which defendant is charged are part of a system of past deviant behavior with young female victims, and to refute defendant's claim that the offenses with which he is charged occurred with innocent intent or were inadvertent, accidental, unintentional, or without guilty knowledge.

Defendant filed a motion to suppress this evidence alleging the irrelevancy of the evidence and contending that the probative value of the evidence was greatly outweighed by the prejudicial effect which it would have on defendant's case. Thereafter, a hearing was held wherein the state introduced the testimony of five witnesses who related sexual encounters which they had with the defendant when they were juveniles and one witness who recounted a similar experience which her daughter had with the defendant.

The defendant's niece, A.C., now 23 years old, testified that when she was four or five years old she had visited the defendant at his house near the local high school. She testified that while she and defendant were in the back yard, he grabbed her hand and put it in his overalls to make her touch his penis. In another instance, she was in a car with him when he exposed his penis and asked her to kiss it. He tried to force her to do this by grabbing the back of her head, but did not succeed. He warned her not to tell anyone about the incident because she would not be believed. One night, while she and her sister were visiting the defendant and his wife, the children slept in the adult's bed so that the aunt could take care of an ill sister. She testified that while they were in bed, the defendant fondled her and inserted his finger into her vagina. She testified that he also rubbed her while they were playing together on various occasions, almost every time she visited. The defendant has not engaged in any deviant behavior with her since the time that she was four or five years old.

B.C. testified that in 1963, when she was nine years old, she and her family lived next door to the defendant's family and shared a common backyard. Her father and the defendant worked together. One day while she was in the backyard alone with the defendant, he came up from behind and hugged her. He put his hand in her underwear and fondled her vagina.

V.E., now 26, testified that she was also a next-door neighbor to the defendant when she was about nine years old. Her father and the defendant also worked together. On two occasions while she and the defendant were in his bedroom, he looked at pornographic magazines while he fondled her and masturbated. On another occasion, she and the defendant were in a barn behind their houses and he pulled her clothes down and rubbed his penis on her. On yet another occasion, her family and the defendant's family had been visiting friends and were returning in the car in which the defendant, his wife, her mother, her father, her brother, the defendant's two sons, and the witness were riding. On this return trip, he made her rub his penis with her hand.

L.T., who is now 20 years old, testified that when she was 12 or 13, she and the defendant's daughter were friends. On one occasion, she had gone to visit his daughter and discovered that the daughter was out of town. Defendant asked her in for a drink of water. Once she was in the house, defendant put his hand into her underwear to fondle her vagina. On other occasions, defendant took her pants off to fondle her vagina and he also fondled her breasts. He asked her to play with his penis, but she refused. She said that on other occasions he got on her horse with her and made her ride to a secluded place where he fondled her breasts. This activity occurred four or five times. She further testified that she went with him one time to a chicken shed and he touched her breasts. He warned her not to tell anyone because she would get into trouble.

M.S. testified that she is now 36 years old and that when she was 10 or 12 years old (or around 1963), when she was a neighbor *723 of the defendant, she went to the defendant's house to use his telephone. He grabbed her leg and asked her when she would "let" him in her pants. She replied "never" and attempted to use the phone. He then grabbed her from behind and tried to hug her. He attempted to make her turn around so that he could kiss her, but she ran out the back door.

A.C.D. is the defendant's sister-in-law. She testified that in 1967, her daughter, then age 12, reported that the defendant had put his hands down her pants to touch her vagina. The witness and her stepfather confronted the defendant and the defendant said he would never do it again.

OTHER CRIMES EVIDENCE

In brief defendant argues that the state has no purpose for introducing the other crimes evidence other than to portray him in an unfavorable light, thus improving the chances of winning a conviction. The state sets forth a number of reasons in support of admitting the other crimes evidence, some of which we will consider below.

Other crimes evidence is generally not admissible unless the evidence has independent relevancy other than to show a criminal disposition on the part of the defendant. LSA-C.E. Art. 404 B; LSA-R.S. 15:445-446 (repealed); State v. Cupit, 508 So.2d 996 (La.App. 2d Cir.1987), writ denied, 514 So.2d 1174 (La.1987). Even where such evidence has an independent relevancy, its probative value must outweigh its prejudicial effect and other safeguards must be met. State v. Hamilton, 478 So.2d 123 (La.1985), cert. denied, 478 U.S. 1022, 106 S.Ct. 3339, 92 L.Ed.2d 743 (1986).

The purpose behind excluding other crimes evidence is to insure that the defendant will not be presumed to be guilty of the instant charge because of past offenses, State v. McGuffey, 486 So.2d 1101 (La.App. 2d Cir.1986), or because he is of a general criminal character. State v. Carlisle, 458 So.2d 1347 (La.App.

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Cite This Page — Counsel Stack

Bluebook (online)
554 So. 2d 720, 1989 WL 150140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-driggers-lactapp-1989.