State v. Hueglin

2000 NMCA 106, 16 P.3d 1113, 130 N.M. 54
CourtNew Mexico Court of Appeals
DecidedNovember 14, 2000
Docket20,461
StatusPublished
Cited by25 cases

This text of 2000 NMCA 106 (State v. Hueglin) is published on Counsel Stack Legal Research, covering New Mexico 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. Hueglin, 2000 NMCA 106, 16 P.3d 1113, 130 N.M. 54 (N.M. Ct. App. 2000).

Opinion

OPINION

ALARID, Judge.

{1} Defendant, Rolf Hueglin, appeals from his convictions for criminal sexual penetration in the second degree, criminal sexual penetration in the third degree and criminal sexual penetration in the fourth degree. We find no error and affirm.

BACKGROUND

{2} Defendant owned and operated the Black Forrest Bakery in Albuquerque, New Mexico. Defendant owned a rental house behind the bakery. The victim, 38-year-old Janis Sedillo (Victim), has Down Syndrome. Victim lived with a caretaker in the house next door to the rental house owned by Defendant.

{3} Victim and her caretaker had a passing acquaintance with Defendant. On a Sunday in March 1997, Defendant left a phone message inviting Victim and her caretaker to come to the bakery on Monday to watch Defendant prepare some Easter specialities. Because the caretaker had to work on Monday, she made arrangements for Victim’s uncle to take Victim to the bakery. On Monday, the uncle took Victim to the bakery and left her there. The bakery was closed on Mondays. Defendant and one employee were present. Defendant gave Victim a tour of the bakery. It was apparent to Defendant that Victim had a speech defect and was physically handicapped. Defendant showed Victim how he made various Easter specialties. The demonstration lasted about an hour. During the demonstration, Defendant complained that his back hurt. This comment lead to a discussion of back massage.

{4} After the demonstration was over, Defendant began to walk Victim home. Rather than going straight home, Defendant and Victim stopped off at the rental house, ostensibly so that Defendant could give Victim a massage.

{5} The jury was presented two widely divergent accounts of what followed. According to Defendant, Victim lay down on a rug. They began to hug and kiss. Victim was sexually excited. Defendant helped her to pull down her pants. He attempted to penetrate her, but was unsuccessful. He caressed her vaginal area. She took his penis into her hands and he ejaculated. At no time was there any indication that Victim wanted Defendant to stop.

{6} Victim testified that as she was standing on the rug, Defendant hit her on the back, knocking her to her knees. Defendant then gave her a forceful, painful massage. She tried to stop Defendant by striking him. He punched her in the stomach, chest and face. Victim took off her glasses and Defendant hit her repeatedly in the nose and eyes. Defendant sexually assaulted Victim. He took a leather weight-lifting belt and repeatedly hit Victim. Victim’s mouth bled from the repeated punches; she was scratched and bruised.

{7} Victim reported the encounter with Defendant. She was taken to a hospital and given a detailed forensic examination by a nurse. The nurse observed a laceration between Victim's vagina and anus. The nurse believed that the laceration was consistent with penetration of the vagina by a finger. There was a bruise or bite mark on Victim’s breast. The nurse found no evidence of the severe beating described by Victim.

{8} Defendant was indicted and tried on seven charges: Count 1, kidnapping; Count 2, second degree criminal sexual penetration (penetration of vagina resulting in laceration of posterior fourchette); Count 3, third degree criminal sexual penetration (penetration of vagina with finger); Count 4, third degree criminal sexual penetration (penetration of anus with finger); Count 5, bribery of a witness; Count 6, fourth degree criminal sexual contact (touching unclothed breast) and, Count 7, attempt to commit third degree criminal sexual penetration.

{9} Prior to trial, the State and Defendant filed cross-motions addressing the admissibility of Victim’s prior sexual activity. The State also moved pursuant to NMSA 1978, § 38-6-8 (1993) for an order permitting the taking of Victim’s testimony by videotape deposition. In support of its motion, the State alleged that Victim “is mentally retarded with a mental age of five years and ten months” and that “[djue to her mental retardation [Victim] has similar vulnerabilities as that of a child.” The State listed Ned Siegel, Ph.D, as a witness in support of its motion to videotape Victim. Defendant filed a motion to preclude Dr. Siegel from testifying at trial that Victim was incapable of consenting to sex or that she was incapable of lying.

{10} The trial court conducted an omnibus hearing on the various pre-trial motions. The trial court granted the State’s motion to exclude evidence of Victim’s sexual history, ruling that evidence relating to an alleged rape of Victim that occurred 25 years earlier was inadmissible. The trial court took under advisement Defendant’s motion to introduce evidence of Victim’s sexual history to the extent such evidence might relate to the issues of consent or lack of consent.

{11} Dr. Siegel testified in support of the State’s motion to present Victim’s testimony by videotape deposition. He was cross-examined in some detail regarding his qualifications, his opinions and the methods employed to arrive at those opinions. Dr. Siegel described the substantial limitations imposed by Down Syndrome on Victim’s mental capacity. In view of Dr. Siegel’s testimony describing the effects of Down Syndrome on Victim’s mental capacity, Defendant argued that Victim was not competent to testify as a witness, whether by videotape or otherwise. The trial court overruled Defendant’s objection and granted the State’s motion to present Victim’s testimony by videotape. With respect to Defendant’s motion to exclude Dr. Siegel’s opinions, the trial court ruled that Dr. Siegel would be permitted to testify as an expert, subject to such objections as Defendant might interpose at trial in response to specific lines of questioning.

{12} Defendant’s case was tried to a jury. Victim’s videotaped deposition testimony was shown to the jury. Dr. Siegel testified about the effects of Down Syndrome on Victim’s mental capacity, including the relationship of Down Syndrome to Victim’s ability to understand the consequences of sexual activity and to consent to sexual activity.

{13} Defendant was convicted on Counts 2, 3, and 6, and acquitted on Counts 1, 4, and 5. Count 7 was dismissed by the trial court at the conclusion of the evidence.

DISCUSSION

Issue 1: Qualifications of Dr. Siegel as an Expert

{14} A trial court has broad discretion in its ruling on the qualifications of an expert. State v. McDonald, 1998-NMSC-034, ¶ 19, 126 N.M. 44, 966 P.2d 752. Here, Dr. Siegel, the State’s expert, testified that he is a clinical psychologist with a Ph.D. in psychology. Dr. Siegel testified to extensive clinical experience with developmentally disabled people in general and persons with Down Syndrome in particular. Although Dr. Siegel conceded that his work during the past eighteen years has not focused on the developmentally disabled, he testified that accepted principles of psychological testing and competency applicable to persons with Down Syndrome had not changed over that time. Defendant did not offer any expert testimony contradicting Dr. Siegel on this point. We conclude that the trial court did not abuse its discretion in accepting Dr. Siegel as qualified to testify regarding Victim’s mental capacity.

Issue 2: Whether Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
2000 NMCA 106, 16 P.3d 1113, 130 N.M. 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hueglin-nmctapp-2000.