State v. Gaddis

973 So. 2d 21, 2007 WL 3353566
CourtLouisiana Court of Appeal
DecidedNovember 13, 2007
Docket07-KA-395
StatusPublished
Cited by17 cases

This text of 973 So. 2d 21 (State v. Gaddis) 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. Gaddis, 973 So. 2d 21, 2007 WL 3353566 (La. Ct. App. 2007).

Opinion

973 So.2d 21 (2007)

STATE of Louisiana
v.
Michael K. GADDIS.

No. 07-KA-395.

Court of Appeal of Louisiana, Fifth Circuit.

November 13, 2007.

*22 Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Anne Wallis, Shannon Swaim, Assistant District Attorneys, Gretna, Louisiana, for Plaintiff/Appellee.

Holli A. Herrle-Castillo, Attorney at Law, Louisiana Appellate Project, Marrero, Louisiana, for Defendant/Appellant.

Michael K. Gaddis, In Proper Person, Angola, Louisiana.

Panel composed of Judges MARION F. EDWARDS, WALTER J. ROTHSCHILD, and GREG G. GUIDRY.

MARION F. EDWARDS, Judge.

Defendant/appellant appeals his conviction for two counts of aggravated rape. For the reasons that follow, we affirm.

A grand jury in Jefferson Parish returned an indictment against the defendant, Michael K. Gaddis ("Gaddis"), for two counts of aggravated rape between August of 2002 and July of 2003, in violation of LSA-R.S. 14:42. Gaddis pled not guilty at arraignment. After a hearing, the trial judge denied defendant's motion to suppress evidence. Thereafter, the State and Gaddis stipulated to the report of the sanity commission, and the trial judge found Gaddis competent to stand trial.

On October 10, 2006, the defendant proceeded to trial before a twelve-person jury, which found him guilty as charged on both counts the next day. On October 19, 2006, the trial judge sentenced Gaddis to two terms of life imprisonment at hard labor to be served consecutively, without benefit of parole, probation, or suspension of sentence. This timely appeal follows.

Between the summer of 2002 and July of 2003, the female victims, M and K, were under the age of twelve. M and K were first cousins and resided in Kenner with Jeannette, who was M's aunt. Numerous other family members and individuals resided in the household, including Gaddis. At trial, M and K testified that Gaddis had forced them to engage in a variety of sexual acts with him. Gaddis was arrested in July of 2003, after M and K revealed what had happened to them.

At trial, Barbara testified that she was K's mother's friend. Barbara testified that K referred to her as her a grandmother. *23 Barbara testified that she had a "gift" and that the "Lord had been showing [her] that [K] was being tampered with." Barbara said that she had been trying to get K's mother to remove K from Jeannette's household. At a family reunion in 2003, Barbara and K were in Barbara's car seeking shelter from the rain. According to Barbara, she told K that "the Lord showed me that somebody's been fooling with your private parts." K began to cry and responded affirmatively. Barbara located K's mother and K repeated what she had told Barbara. Barbara testified that K mentioned the name "Michael" and that he "fooled with [M] too." Barbara said K did not go into details, but said "it hurt."

K's mother testified that K had moved out of Jeannette's house before the family reunion, which was in July of 2003. According to K's mother, K did not seem herself after returning from Jeannette's. While K's mother did not recall that Barbara mentioned anything regarding any premonitions from God, K's mother corroborated Barbara's testimony in that Barbara sought her out to listen to K at the family reunion. K's mother testified that K was crying when she entered the vehicle. K said that Michael had been feeling on her, lying on top of her, and forcing her to put his "private part" in her mouth. K also disclosed that the same thing had happened with M. When K's mother telephoned M to ask if Michael was "fooling around" with her, M answered affirmatively. K's mother related what she had learned to her father, Alfred (K's grandfather). The next day, K's grandfather and K's mother retrieved M from the house and brought both children to talk to the police.

Detective Jeff Adams ("Detective Adams") testified that he conducted separate interviews with each victim on July 7, 2003. During her interview, K told Detective Adams that her older cousin [the defendant] made her perform oral sex on him. K also said the defendant would make her remove her clothing and "rock back and forth" on him with his clothing off. M told Detective Adams that she was "forced to perform oral sex and that she was digitally penetrated into her vaginal area." The detective then arranged for interviews at the Children's Advocacy Center.[1]

On July 10, 2003, Omalee Gordon ("Ms.Gordon") of the Jefferson Parish Children's Advocacy Center talked to M and K. These interviews were recorded and the tapes were played for the jury at trial. In her interview, K, who was seven years old at the time, told Ms. Gordon that she was six years old the first time Gaddis touched her. K said that the defendant "feels on" her and M on the inside and outside of their clothes. She described that the defendant made her go up and down on the inside and outside of her "butt" on his private part through his open zipper. When he finished, he would have "white stuff" on his private part, and he would make M "lick it off." One time, the defendant touched the inside of K's butt with his private part and he did it to M on one occasion as well. K also said that, four times, he touched the inside of her "private part" with his "private part." K indicated that, more than once, Gaddis made her lick his private part. K described that these events would occur on the couch.

K said that the defendant showed her and M "nasty" movies depicting naked *24 adults of different races. K said she found a gun under the house, which she gave to Jeannette, The defendant located it, and put it under the house. He threatened K with the gun and said he would beat her up.

M was ten years old at the time of her interview. She told Ms. Gordon that she was seven years old the first time that Gaddis touched her. She said Gaddis would make her and K sit on his lap and rock back and forth. He would "hump" M on the outside of her vagina and her butt through her clothes and on her skin.

M detailed a number of specific occasions of abuse. M said the defendant would come into the bathroom while she bathed and rub her breasts. She said that on one occasion, she was lying on the sofa with her baby cousin, Louis, when the defendant put his finger in her vagina. She said that Gaddis got behind her, and that his penis, which she referred to as his "wee-wee," almost went into her behind. The baby fell onto the floor, and Gaddis put the baby in the bed in another room. He put M on her stomach and "humped" the outside of her "butt" and it "touched" the part of her where she went "potty from."

She described that Gaddis would touch her under the kitchen table and would take his penis out of his pants. If anyone came into the room, he would pull his shirt over his lap. He forced her to perform oral sex on him more than once. On one, occasion, she threw up on the defendant because he pushed her head so far down into his lap. She related an occasion in which Gaddis was almost caught by her aunt, Christine.[2] M said that Jeannette had gone out, and Gaddis got into the bed behind M. He pulled her pajamas down and began humping her. Gaddis jumped out of the bed to the floor and attempted to cover his privates with his hand, since he was not wearing a shirt. Christine turned on the lights. She asked M what she was doing, and M said "nothing." Christine left and said "all right then." When Jeannette returned, Christine told her what she had seen. M said that Gaddis had made her, but the defendant told Jeannette that M was lying. Jeannette whipped her.

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Cite This Page — Counsel Stack

Bluebook (online)
973 So. 2d 21, 2007 WL 3353566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gaddis-lactapp-2007.