State v. Guidry

647 So. 2d 502, 1994 WL 680273
Louisiana Court of Appeal·Decided December 7, 1994·No. CR94-678·Published·Cited by 18 cases

Opinion

647 So.2d 502 (1994)

STATE of Louisiana, Plaintiff-Appellee,
v.
Timothy J. GUIDRY, Defendant-Appellant.

No. CR94-678.

Court of Appeal of Louisiana, Third Circuit.

December 7, 1994.

*504 John Phillip Haney, St. Martinville, for State.

George W. McHugh Jr., St. Martinville, for Timothy J. Guidry.

Before KNOLL and WOODARD, JJ., and BERTRAND[*], J. Pro Tem.

KNOLL, Judge.

Defendant, Timothy J. Guidry, appeals his jury conviction for the aggravated rape of his minor daughter, a violation of LSA-R.S. 14:42. On May 9, 1990, the grand jury indicted defendant with eight counts of aggravated rape. After defendant entered a plea of not guilty to the indictment, trial proceeded on only one count of aggravated rape. A jury found defendant guilty as charged. After defendant's motion for new trial was denied, defendant was sentenced to life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence.

Defendant relies on five assignments of error in this appeal and also asks us to conduct an errors patent examination of the record. We affirm.

FACTS

This case involves the rape of defendant's daughter (hereafter the victim) when she was eight years of age. Evidence of the rape surfaced when the defendant and his wife, Carolyn Guidry, put the victim in Cypress Hospital in March of 1990 for psychological treatment. This hospitalization was triggered when the victim and her cousin ran away from her grandparents' home.

During one of the family sessions at Cypress Hospital, Mrs. Guidry told the hospital staff that defendant had sexually abused the victim's younger sister. After child protection workers and law enforcement officials interviewed the victim, it was their recommendation that medical personnel should examine the victim to determine whether she had been sexually molested. Though reluctant to have her daughter examined, Mrs. Guidry eventually had her family physician, Dr. Marelle Yongue, and a gynecologist, Dr. Patricia Birch, examine the victim. It was the testimony of both physicians that the victim's hymen was damaged and that such damage was consistent with sexual penetration.

On April 6, 1990, after Dr. Yongue's examination, the trial court issued a warrant for defendant's arrest, charging him with the aggravated rape of his daughter. After his arrest, defendant confessed that he raped his daughter. Mrs. Guidry then gave police officers permission to search their home wherein they found a pair of handcuffs and a lock of the victim's hair under defendant's bed.

The victim testified that during the summer of 1989, when she was eight years of age, defendant would come into her bedroom at night. She stated that defendant would close her bedroom door and tape her mouth shut. He always brought handcuffs with him and would either place them on her hands or feet. She then stated that defendant would lay on top of her and place "his bottom [the victim's word for penis] into her bottom [the victim's word for vagina]." The victim stated that she was scared of her father because on at least one prior occasion he pointed a gun at her and her mother. It was this same fear, she stated, which kept her from telling anyone about defendant's acts; not until her father was arrested and jailed did she detail to the investigating officer, Captain Lou Potier, what her father did to her.

On February 28, 1991, in an 11 to 1 vote, the jury convicted defendant of aggravated rape. Subsequently, defense counsel informed the trial court that Mrs. Guidry told him that the victim lied about defendant having *505 raped her and that the victim wanted to recant her testimony. Accordingly, on September 13, 1991, defendant moved for a new trial on the basis of this newly discovered evidence.

In response to defendant's motion for a new trial, the State motioned the trial court to appoint Dr. James Blackburn, a psychiatrist, to examine the victim. Pursuant to the motion, the trial court ordered the victim's mother, Mrs. Guidry, to have the victim examined on October 2, 1991. Mrs. Guidry failed to bring her daughter to Dr. Blackburn for the scheduled visit and a rule to show cause why she should not be held in contempt of court was issued on November 6, 1991. After conducting a hearing on the rule to show cause, the trial court found Mrs. Guidry in contempt of court, imposed a suspended jail sentence, and ordered her to have Dr. Blackburn examine the victim on December 16, 1991.

Mrs. Guidry brought the victim to Dr. Blackburn's office on December 16, 1991, but informed the office personnel that the victim was not willing to meet with the psychiatrist. The following day, Mrs. Guidry returned to Dr. Blackburn's and told them that the victim refused to see him outside the presence of her mother. When Dr. Blackburn would only agree to see the victim in private without Mrs. Guidry being present, Mrs. Guidry cancelled the appointment. A second rule to show cause was filed on July 24, 1992, asking the trial court to again hold Mrs. Guidry in contempt of court. In the course of that hearing, the court learned that defendant and Mrs. Guidry had instituted a tort claim against various police personnel for damages stemming from their alleged collusion by suggesting to the victim that her father raped her and she should testify against him. After hearing the testimony of Dr. Blackburn about his inability to see the victim, the trial court found Mrs. Guidry in contempt of court, and ordered her to pay for the costs of the missed appointments. However, since Dr. Blackburn testified that he would not be able to see the victim as an outpatient as a result of all that had transpired, the trial court rescinded its order for a psychological examination of the victim.

On October 7 and 20, 1992, the trial court heard defendant's motion for a new trial. After hearing testimony, the trial court denied defendant's motion and issued oral reasons for judgment.

Subsequently, on December 21, 1992, the trial court sentenced defendant to life imprisonment, without benefit of parole, probation, or suspension of sentence.

MOTION TO SUPPRESS

Defendant first contends that the trial court erred in admitting his confession into evidence. He argues that the State failed to show beyond a reasonable doubt that his confession was freely and voluntarily given, and makes three general assertions: (1) he was interrogated after being held in solitary confinement for approximately 26 hours; (2) that he was under the influence of medication; and (3) that the three police officers and a person from child protection interrogated him, assuring him that they would leave him alone after he told them what they wanted to know.[1]

In State v. Benoit, 440 So.2d 129 (La.1983), the Louisiana Supreme Court stated:

"Before the state may introduce a confession into evidence, it must be affirmatively shown that it was freely and voluntarily given. Whether such a showing has been made is analyzed on a case by case basis with regard to the facts and circumstances of each case. Where the accused is in custody, a prerequisite to admissibility of a confession is the advising of the accused of his constitutional rights and his intelligent waiver of those rights. The trial court's *506 determination that a statement was free and voluntary is entitled to great weight and will not be disturbed unless it is not supported by the evidence." (Citations omitted).

Id. at 131.

From the outset, we note that there is no factual basis fo

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