State v. Freeman

970 So. 2d 621, 2007 La.App. 1 Cir. 0470, 2007 La. App. LEXIS 1640, 2007 WL 2683711
CourtLouisiana Court of Appeal
DecidedSeptember 14, 2007
DocketNo. 2007 KA 0470
StatusPublished
Cited by5 cases

This text of 970 So. 2d 621 (State v. Freeman) 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. Freeman, 970 So. 2d 621, 2007 La.App. 1 Cir. 0470, 2007 La. App. LEXIS 1640, 2007 WL 2683711 (La. Ct. App. 2007).

Opinion

CARTER, C.J.

| aThe defendant, Kenneth Freeman, was charged by grand jury indictment with aggravated rape, a violation of LSA-R.S. 14:42. He pled not guilty and, following a trial by jury, was convicted as charged. The defendant was sentenced to life imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence. The defendant now appeals, urging in a single assignment of error, that the trial court erred in preventing him from introducing evidence that the victim made an earlier false allegation of rape. Finding no merit in the assigned error, we affirm the defendant’s conviction and sentence.

FACTS

During the early morning hours of October 16, 2004, as the victim lay asleep on her couch, the defendant used a ladder to enter her apartment through the bathroom window. The victim did not know the defendant and had not given him permission to enter her residence. At trial, the defendant claimed he entered the residence because he was high on crack and was looking for something to steal. While it was undisputed that the defendant was armed with a knife when he entered the apartment and that a sexual encounter occurred, all other facts (including the vol-untariness of the sexual encounter) were in dispute.

[623]*623The victim testified that she was asleep on her couch when she heard a noise and then felt a presence in the room. She awakened to find the defendant standing before her with a white towel in his hand. The defendant placed the towel, which was soaked with bleach, over the victim’s head. According to the victim, the defendant then tied her hands behind her back |swith a latex glove he had been wearing. The defendant put a knife to the victim’s back and threatened to stab her if she screamed. When the victim asked the defendant what he wanted from her, the defendant replied, “money.” The defendant then proceeded to fondle the victim’s body, including her vaginal area. The defendant then forced the victim into the bedroom, instructed her to get on her knees, and placed his penis in her mouth. Once the victim failed to participate in the oral sexual encounter, the defendant removed his penis from her mouth and ordered her to get into the bed. The defendant then vaginally raped the victim. The victim testified that she did not consent to the sexual encounter. She explained that she did not resist because she feared the defendant would kill her. The victim claimed her arms remained tied behind her back throughout the entire encounter. Before leaving the apartment, the defendant took approximately $150.00 from the victim’s purse. The victim immediately contacted her mother and told her that she had been raped.

The victim subsequently identified the defendant from a photographic lineup. The defendant initially denied ever being in the victim’s home but later admitted to being present in the apartment, stating that the victim had invited him there.

At trial, the defendant provided a different account of the events. The defendant admitted that he broke into the victim’s apartment but claimed that the sexual encounter was consensual. He claimed he only intended to steal property from the apartment so that he could get more drugs. He testified that once he entered the apartment, he was shocked to see that someone was home. He immediately explained to the victim that he did not I ¿intend to harm her. He then placed the knife he was carrying (which he claimed he used only to open the window) on the kitchen counter. Thereafter, according to the defendant, the victim asked him to have sex with her. Although he believed it to be a strange request, the defendant agreed to participate. He denied ever tying the victim up or forcing her to have sex with him. The defendant further explained that at the conclusion of the sexual encounter he asked the victim for some money, and she gave it to him.

Officer Allen Ordeneaux of the Hammond Police Department testified that during the investigation of the incident, the victim stated that the defendant attempted to tie her hands behind her back but was unsuccessful. Officer Ordeneaux further testified that, in his opinion, it would have been impossible for the victim’s hands to be bound with the glove found at the scene.

ASSIGNMENT OF ERROR

In his sole assignment of error, the defendant contends the trial court erred in prohibiting him from introducing evidence that the victim previously made a false allegation of rape. Specifically, the defendant intended to introduce evidence that the victim accused another man of kidnapping and raping her prior to the incident in question. The defendant also intended to introduce evidence that the accused in the prior case was acquitted of both charges following a bench trial. He further alleged that the evidence in the prior case was similar to the instant case in that both [624]*624cases contained positive DNA and photographs. On appeal, the defendant contends the trial court erred in not only-failing to make the initial 15determination of whether reasonable jurors could find, based on the evidence presented, that the victim made a prior false allegation, but also in excluding such evidence.

In a prosecution for sexually assaultive behavior, LSA-C.E. art. 412 prohibits the introduction of evidence of the victim’s past sexual behavior, with certain limited exceptions. “Past sexual behavior” is defined as sexual behavior other than the sexual behavior with respect to which the offense of sexually assaultive behavior is alleged. LSA-C.E. art. 412 F. If a defendant wishes to offer evidence of past sexual behavior pursuant to one of the exceptions, he must file a motion stating his intent to do so. LSA-C.E. art. 412 C. The trial court must then hold a closed hearing to determine whether the offered evidence is admissible. LSA-C.E. art. 412 E.

Alternatively, the Louisiana Supreme Court has held that a defendant may present evidence that a victim made prior false allegations regarding sexual activity for impeachment purposes pursuant to LSA-C.E. art. 607 C. State v. Smith, 98-2045 (La.9/8/99), 743 So.2d 199. In Smith, the defendant was convicted of attempted indecent behavior with a juvenile. During trial, the defense counsel cross-examined the victim’s mother’s friend regarding similar accusations the victim had made against her cousin and allegedly recanted. The State thereafter moved to prevent any further such questioning in accordance with LSA-C.E. art. 412. After a hearing outside the jury’s presence, the trial court applied Article 412 and excluded any evidence of prior false allegations. The supreme court held that Article 412, the “rape shield statute” that prohibits the introduction of |r,evidence of the victim’s past sexual behavior, does not preclude the introduction of evidence of the victim’s prior false accusations for impeachment purposes. Smith, 743 So.2d at 202-203. The supreme court concluded that when a defendant seeks to introduce evidence that the victim made prior false allegations of molestation, the issue is one of credibility, and Article 412 is inapplicable. The Smith court stated:

When a defendant seeks to introduce evidence that the victim has made such prior false accusations, the trial judge must evaluate that evidence by determining whether reasonable jurors could find, based on the evidence presented by defendant, that the victim had made pri- or false accusations and whether all other requirements of the Code of Evidence have been satisfied.

Smith, 743 So.2d at 203-04.

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Cite This Page — Counsel Stack

Bluebook (online)
970 So. 2d 621, 2007 La.App. 1 Cir. 0470, 2007 La. App. LEXIS 1640, 2007 WL 2683711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-freeman-lactapp-2007.