State v. Giles

386 S.W.3d 822, 2012 WL 4711865, 2012 Mo. App. LEXIS 1252
CourtMissouri Court of Appeals
DecidedOctober 4, 2012
DocketNo. SD 31231
StatusPublished
Cited by4 cases

This text of 386 S.W.3d 822 (State v. Giles) 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. Giles, 386 S.W.3d 822, 2012 WL 4711865, 2012 Mo. App. LEXIS 1252 (Mo. Ct. App. 2012).

Opinion

NANCY STEFFEN RAHMEYER, J.

Allen Dale Giles (“Appellant”) was convicted by a jury of two charges: statutory rape in violation of section 566.032, and statutory sodomy in violation of section 566.062.1 He was sentenced to two consec[824]*824utive terms of life imprisonment. He brings two claims of trial court error concerning evidentiary rulings. We affirm the judgment.

Because both of the challenges are to evidentiary rulings and not to the sufficiency of the evidence, there is no reason to set forth in this opinion the details of the sexual abuse committed against an eight-year-old child. Appellant claims in his first point that the trial court failed to sua sponte interrupt a witness from the Children’s Division. Appellant maintains in this appeal that the Children’s Division worker testified inappropriately, as follows:

[Prosecutor:] What are the possible findings that you can have in these type[s] of cases?
[Witness]: Well, a case can be unsubstantiated, or a ease can be what we call a preponderance of the evidence, which basically means that the evidence gathered was convincing and accurate as to the allegations.
[Prosecutor]: And in this case as to [Appellant], what was your result?
[Witness]: A preponderance of evidence for ... [f]or touching and fondling [the victim] and also having intercourse with her.

No objection was made to the questions or answers, nor did Appellant at any time seek any curative remedy. Appellant now claims that the questions and answers invaded the province of the jury and were testimony about the ultimate issue in this case. We disagree.

The first question is simply a question concerning the investigation which occurred after the claims of abuse came to light. The question asks what the possible findings are in these types of cases and is undoubtedly an acceptable question. The second question may skirt the line on an appropriate question, however, the response, that the Children’s Division found a “preponderance of the evidence” and proceeded with their investigation and follow up, does not invade the province of the jury. The Children’s Division acted upon their internal finding and arranged for an interview at the Child Advocacy Center and ultimately referred the case to the Prosecutor’s office. The jury was told that an investigation had occurred and the actions that occurred after the investigation. The jury heard the very specific testimony about the abuse and had to decide the two very specific charges before it beyond any reasonable doubt. An agency decision that there was enough evidence to go forward did not invade that province of the jury.

Furthermore, Missouri courts historically reject invitations to criticize trial courts for declining to sua sponte take action on behalf of a party during witness examinations. State v. D.W.N., 290 S.W.3d 814, 819 (Mo.App. W.D.2009). That is because uninvited interference by the trial judge in the court proceedings is generally discouraged in that it risks injecting the judge into the role of participant and invites trial error. State v. Roper, 136 S.W.3d 891, 902 (Mo.App. W.D. 2004). “We do not expect trial judges to assist counsel in the trial of a lawsuit[.] They preside to judge a lawsuit. Sua sponte action should be exercised only in exceptional circumstances.” State v. Drewel, 835 S.W.2d 494, 498 (Mo.App. E.D.1992). Appellant represented himself but is bound by the same rules of procedure as those admitted to practice law. State v. Watkins, 102 S.W.3d 570, 571 (Mo.App. S.D.2003).

This series of questions and answers provides a classic demonstration of why it would have been inappropriate for the court to intervene in the questions or answers. Assuming, arguendo, that the questions and answers were inappropriate, [825]*825an intervention by the court at that time would have highlighted the questions and the answers and Appellant could now claim that the court’s intervention indicated the court’s loss of neutrality. Appellant does not say what the possible remedies at trial would have been had a proper objection been made. Perhaps an admonition to disregard the questions and answers would have sufficed. In the rare case that a mistrial would have been necessary, it could have been done early in the trial. The extreme remedy of a new trial after all of the evidence has been heard is not warranted.

We find no trial court error, plain or otherwise, in the admission of the evidence of the questions and answers. Point I is denied.

In his second point, Appellant claims that the trial court plainly erred in allowing the State to cross-examine two witnesses about their knowledge of Appellant’s previous juvenile adjudications for sodomizing his younger cousin and previous sentence to a sex offender treatment program. Appellant called two witnesses in his defense. The first was the mother of the victim. She generally testified that her daughter and Appellant interacted as a father and daughter; she claimed she never saw any sign that the child was afraid of Appellant and she had never been told that Appellant had touched the child inappropriately. She claims that had the child ever said something like that, she would have called the police and reported it. She also testified that, during a supervised visit with the child, the child told her Appellant did not do this.

During cross-examination, the prosecutor elicited testimony that the mother of the child and Appellant worked opposite shifts and that Appellant may have been alone with the child a few hours during the day before another couple moved into their home. She continued to live with Appellant and, although denying that she chose Appellant over her child, did admit that she lost custody of the child because she lived with Appellant. She claimed she knew in her heart that he would not do a thing like this.

In response to that answer, the prosecutor further challenged her claim that the mother knew in her heart that Appellant would never do anything like this by asking if she now knew that the victim’s fourteen-year-old sister had also alleged inappropriate touching. The mother maintained her conclusion that Appellant would never do anything like this; she admitted that, although she knew Appellant had sodomized a cousin, she did not know that the cousin was only five years old at the time of the incident. The mother claimed that she knew Appellant would never do this because he got help. It was during the redirect examination of the mother by Appellant that the information came out that the incident with the younger cousin occurred when Appellant was seventeen and, thus, it was on his juvenile record but, as an adult, he had no other charges.

Appellant also called his father, Alvin Giles, as a witness. After generally testifying as to the close relationship with the victim, Mr. Giles testified that he did not believe that Appellant did this crime because he would protect a child, even so far as pleading guilty if it would protect a child. Appellant’s father claimed that “[Appellant has] always been good with kids.

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Cite This Page — Counsel Stack

Bluebook (online)
386 S.W.3d 822, 2012 WL 4711865, 2012 Mo. App. LEXIS 1252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-giles-moctapp-2012.