State v. Hadfield

788 P.2d 506, 128 Utah Adv. Rep. 6, 1990 Utah LEXIS 14, 1990 WL 16564
CourtUtah Supreme Court
DecidedFebruary 22, 1990
Docket880234
StatusPublished
Cited by4 cases

This text of 788 P.2d 506 (State v. Hadfield) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hadfield, 788 P.2d 506, 128 Utah Adv. Rep. 6, 1990 Utah LEXIS 14, 1990 WL 16564 (Utah 1990).

Opinions

DURHAM, Justice:

Defendant Alan Hadfield was convicted of four counts of sodomy on a child, first degree felonies, in violation of Utah Code Ann. § 76-5-403.1 (Supp.1987), and three counts of sexual abuse of a child, second degree felonies, in violation of Utah Code Ann. § 76-5-404.1 (Supp.1987). Defendant moved for a new trial, claiming that there was newly discovered evidence. After a hearing, the trial court quashed the documents filed in support of the motion for a new trial and denied it. Defendant filed this appeal.

Defendant’s two young children testified at trial to various instances of sexual abuse. W. (a boy, born in 1975) and C. (a girl, born in 1977) said that their father had sodomized them, required them to perform acts of oral sex with him, and engaged in other sexual acts on several specific occasions. The other main witness for the prosecution was a therapist who had treated the Hadfield children and to whom the disclosures about defendant were initially made, Barbara Snow. Dr. Snow, who holds a Ph.D. in social work, testified at length about her treatment of the Hadfield children and her involvement with the Had-field parents and others in their Lehi neighborhood whose children were being evaluated and treated for suspected sexual abuse. Dr. Snow was extensively cross-examined about her interviewing and treatment techniques.

Although defendant purports to challenge his convictions directly on appeal, his arguments for reversal in this appeal depend on his motion for a new trial. Appellate counsel suggested at oral argument in this matter that Barbara Snow’s testimony had been so discredited as to require exclusion. We are unable, however, to see how such exclusion could have helped defendant with the jury in view of the testimony of the children themselves. The key to the defense at trial was to undermine the credibility of the children’s stories by identifying Barbara Snow as the source and explanation for them. Defendant had to convince the jury either that the children were deliberately making false statements or that they wrongfully believed in the truth of what they said. His trial strategy was to demonstrate that Barbara Snow was an overzealous, unorthodox, aggressive “cru[508]*508sader,” who was willing to and did use subtle coercion and coaching to get her child patients to document a bizarre collection of sexually abberrant behaviors affecting an entire neighborhood. To this end, the testimony of Barbara Snow was essential to the defense and was put to good use by defendant's trial counsel and by defendant’s expert medical witness. The medical witness, Dr. Stephen Golding, strongly and effectively criticized Dr. Snow’s methods. He opined, for example, that the testimony of W. and C. had been irretrievably contaminated by the suggestive and coercive nature of Dr. Snow’s techniques and was highly unreliable as a result. Defendant’s strategy of undermining the believability of the children by attacking the practices of Barbara Snow was ultimately unsuccessful with the jury, but it does not appear that he had any other options.

For the foregoing reasons, the issue of new evidence relating to Barbara Snow’s role in the allegations of the children in her treatment, including W. and C., is a critical one. The claimed new evidence includes (1) a doctoral thesis in which Barbara Snow discussed the use of authority and punishment to modify patient behavior, (2) testimony that she used this technique to modify the responses of her child patients to questions about sexual abuse, (3) testimony from law enforcement personnel that false information deliberately “fed” by them to Barbara Snow in their investigatory work promptly appeared in the statements of children she interviewed, and (4) a highly suspicious correlation between the factual patterns revealed in at least four child sex abuse investigations in which Barbara Snow was involved. The first three categories of “new” evidence are problematic for various reasons. The doctoral thesis was written long before the trial of this case and was therefore at least theoretically available to the defense.1 With respect to the second and third categories of “new” evidence, we conclude that the State is correct in characterizing them as cumulative rather than new. Defendant offered several witnesses at trial who described the suggestive and coercive interviewing techniques allegedly utilized by Dr. Snow and one police officer who described how the children in Dr. Snow’s care were able to reproduce specific information after he had suggested to Dr. Snow that such information should be present in their statements. Additional testimony about these matters might enhance defendant’s chances for acquittal, but standing alone, would not qualify as newly discovered evidence warranting a new trial.

We are more concerned, however, about the last category of claimed evidence. As discussed above, defendant’s only chance at this trial was to convince the jury that he did not do what his children said he did, which in turn required an explanation of why the children would say he had done it if he had not. The defense’s logical strategy was to highlight the bizarre and unusual things said by the Had-field children and by numerous other neighborhood children to their therapist Barbara Snow and to establish Barbara Snow as the likely source of accusations against defendant. In that regard, it is important to note that the record contains considerable testimony about the investigations and therapy conducted by Barbara Snow and the police in the Hadfields’ immediate neighborhood for nearly a year prior to the time defendant was named as a perpetrator. Defendant himself, along with his wife, had initiated treatment of his children by Barbara Snow because of allegations by other neighborhood children about widespread sexual molestation. Eventually, in Barbara Snow's interviews with the Had-field children and others, a total of at least fifteen adults and fifteen children were identified as participants in various unusual sexual activities, including instances of group abuse of children by adults. The activities described by the children involved [509]*509satanic ritual, costumes and masks, photography equipment, men dressing in women’s clothing, and frequent episodes of playing with and consuming human excrement. A specific instance of abuse related to Dr. Snow by W. and described by her at trial, for example, involved defendant’s removing feces from W.’s rectum with a spoon and forcing him to play with it.

The trial court quashed an affidavit filed by defendant in support of his motion for a new trial and declined to permit defendant an opportunity to produce evidence relating to its allegations.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bullock v. Carver
297 F.3d 1036 (Tenth Circuit, 2002)
State v. Sloan
912 S.W.2d 592 (Missouri Court of Appeals, 1995)
People v. Michael M.
162 Misc. 2d 803 (New York Supreme Court, 1994)
State v. Hadfield
788 P.2d 506 (Utah Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
788 P.2d 506, 128 Utah Adv. Rep. 6, 1990 Utah LEXIS 14, 1990 WL 16564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hadfield-utah-1990.