State v. Lawrence Clay

79 A.3d 832, 2013 WL 6087426, 2013 R.I. LEXIS 152
CourtSupreme Court of Rhode Island
DecidedNovember 20, 2013
Docket11-248, 12-321
StatusPublished
Cited by26 cases

This text of 79 A.3d 832 (State v. Lawrence Clay) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lawrence Clay, 79 A.3d 832, 2013 WL 6087426, 2013 R.I. LEXIS 152 (R.I. 2013).

Opinion

OPINION

Chief Justice SUTTELL,

for the Court.

A young girl’s decision to leave her grandparents’ home surreptitiously in the early-morning hours in order to rendezvous with her boyfriend resulted in consequences she did not foresee: her abduction in Middletown, an automobile ride to New Bedford during which she was concealed beneath a tarpaulin, and an alleged sexual assault in the Commonwealth of Massachusetts.

The defendant, Lawrence Clay, appeals from a Superior Court judgment of conviction, having been found guilty by a jury of kidnapping of a minor and reckless driving, for which he was sentenced to sixty years, with thirty years to serve and thirty years suspended, with probation. Oh appeal, defendant argues that the trial jus *834 tice erred in: (1) admitting testimony about the alleged sexual assault; and (2) denying defendant’s motion for a new trial. 1 For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.

I

Facts 2 and Procedural History

In the early morning of October 29, 2009, after hours of online instant-messaging, a fourteen-year-old girl whom we shall call Sally Jones (Jones) agreed to sneak out of her grandparents’ apartment in the Town of Middletown to meet her seventeen-year-old boyfriend. At approximately 2:50 a.m., after stuffing clothing underneath her sheets in an attempt to conceal her departure from her grandparents, she set off on the roughly two-mile walk to the boyfriend’s residence.

At trial, Jones testified that after walking a distance down West Main Road, she turned onto Forest Avenue, when a car swerved out of the Shell gas station on the corner and pulled up beside her. The driver, whom Jones would later identify as defendant, asked her where she was going. According to Jones, upon learning that she was walking to her boyfriend’s house, defendant demanded that she get in the vehicle, threatening to shoot her if she did not comply. Jones opened the door and got in the front seat. The vehicle, a dark green Nissan Maxima adorned with spray-painted orange flames, was crammed with items such as trash and garbage bags, a garden hose, various items of clothing, backpacks, gloves, and shoes. Jones testified that defendant covered her with a large, gray automobile cover and towel, spun the car around and, ignoring her repeated requests to take her home, sped north on West Main Road toward Portsmouth.

Jones testified that defendant engaged her in a series of personal questions, asking her name, age, and whether she and her boyfriend were sexually active together; she added that defendant became angry if she did not respond. Although still covered with the tarpaulin, Jones was occasionally able to peek out in an attempt to ascertain her surroundings, at one point identifying Portsmouth High School on her right. Jones also noticed flashing red and blue lights that defendant claimed were the police chasing them, but were later confirmed to be police cruisers monitoring an overnight construction detail on West Main Road.

After driving approximately fifteen minutes, defendant pulled into a Dunkin’ Donuts to order a coffee at the drive-through window, while Jones remained hidden underneath the tarpaulin in the passenger seat.. While at the drive-through window, defendant introduced himself to Quiana Baptiste, who was working the third shift at Dunkin’ Donuts that night. The defendant, who Baptiste testified was edgy and nervous, introduced himself as a nightclub promoter, gave her his card, and told her that “he would put [her] on the VIP list.” Although Baptiste initially declined the of *835 fer, she eventually conceded, scrawling a fake telephone number on defendant’s business card before returning it to him. Jones testified that she thought that when the woman came back with the coffee it would be a good time to uncover and ask for help, so she attempted to make what she described as a “slick movement,” only to have defendant hit her on the head, shocking her and preventing any further movement.

After thwarting Jones’s attempt to seek help, defendant left the Dunkin’ Donuts and proceeded to a Shell station in what Jones thought might have been Fall River. While defendant was inside the gas station, Jones managed to peek out yet again, this time seeing a cab driver filling up at a nearby pump. Although defendant was no’ longer in the car, Jones testified that she did not attempt to jump out and seek help because she feared that defendant had a weapon. After returning to the car, defendant continued on to his aunt’s apartment, saying he was going to use the bathroom there. Jones testified that when defendant got out of the car at his aunt’s apartment complex, she did not attempt to run because she was unfamiliar with the area and did not know where defendant was. Jones said that when defendant exited the vehicle, she noticed that he had left his cell phone on the dashboard; however, before she had the opportunity to call for help, defendant returned to the car and angrily snatched the phone away.

The defendant next drove Jones to an empty football field surrounded by high grass and white construction trailers, and removed the tarpaulin and towel. Jones testified that defendant began to touch her “inappropriately.” She told the jury that despite her repeated pleas for him to stop, defendant overpowered her and removed her pajama bottoms and underwear, discarding them in the back seat. She described how defendant repositioned her so that her knees faced him, and proceeded to pull his pants down, get on top of her, and insert his penis into her vagina. Jones testified that she tried to physically resist defendant by pushing on his shoulders, but he was too strong for her. Jones further testified that he refused to return her clothing and underwear, instead giving her a pair of sweatpants from his wardrobe of clothing in the backseat. The defendant then returned .to the apartment complex parking lot, where he showed Jones a memorial card for his recently deceased cousin. Jones said she was crying and kept asking defendant to take her home, but that he refused because she had “disrespected his cousin * * * by crying.”

Jones testified that as they were sitting in the parking lot, she noticed two women exiting the apartment building with their babies. She further testified that she managed to open the door, kick free from defendant’s grasp and run toward the women; however, when she ran toward the two women, screaming that she had been kidnapped, the women ignored her, so she continued past them out to the main street. Jennifer Ferrera, a math teacher at nearby New Bedford High School, was driving to drop off lesson plans at school when she saw Jones, crying and waving for her to stop. Ferrera testified at trial that Jones was crying hysterically, shouting that she had been kidnapped and that defendant was coming back for her, so Ferrera got out of her truck and waved to the driver behind her for help. 3 The driver, another New Bedford High School teacher, allowed the frantic Jones into the passenger side of his pickup truck and dialed 9-1-1. The police arrived shortly *836

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Cite This Page — Counsel Stack

Bluebook (online)
79 A.3d 832, 2013 WL 6087426, 2013 R.I. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lawrence-clay-ri-2013.