State v. Lawrence

752 So. 2d 934, 1999 WL 1131557
CourtLouisiana Court of Appeal
DecidedDecember 1, 1999
Docket98-KA-0348
StatusPublished
Cited by7 cases

This text of 752 So. 2d 934 (State v. Lawrence) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lawrence, 752 So. 2d 934, 1999 WL 1131557 (La. Ct. App. 1999).

Opinion

752 So.2d 934 (1999)

STATE of Louisiana
v.
Michael A. LAWRENCE.

No. 98-KA-0348.

Court of Appeal of Louisiana, Fourth Circuit.

December 1, 1999.

*936 Sherry Watters, Louisiana Appellate Project, New Orleans, Louisiana, Attorney for Defendant/Appellant, Michael A. Lawrence.

Harry F. Connick, District Attorney, Nicole Barron, Assistant District Attorney of Orleans Parish, New Orleans, Louisiana, Attorneys for Appellee, The State of Louisiana.

Court composed of Judge MIRIAM G. WALTZER, Judge PATRICIA RIVET MURRAY and Judge ROBERT A. KATZ.

MURRAY, Judge.

Michael A. Lawrence appeals his convictions for forcible rape and aggravated crime against nature, as well as his sentences as a second felony offender on both counts. We affirm for the reasons that follow.

FACTS

On the evening of April 13, 1993, twelve-year-old D.M. told her mother, Vita, and then her stepfather, Henry, that Uncle Michael had sexually abused her on several occasions within the past six months.[1] Vita called D.M.'s pediatrician, Dr. Janet D. Barnes, who agreed to see them the next day. Both Vita and Henry then went to his father's house to confront his brother, Michael Lawrence, who denied the accusations.

The next morning, Vita took D.M. to make a police report.[2] Detective Cathey Carter of the New Orleans Police Department's Rape and Child Abuse Division spoke with D.M. alone, then interviewed each of the child's parents. She immediately arranged for D.M. to be examined by Dr. Katheryne A. Coffman, Director of the Sexual Abuse Clinic at Children's Hospital, the next week. Det. Carter also scheduled an interview with Michael Lawrence.

*937 After their meetings with Det. Carter, D.M. and her parents went to see Dr. Barnes, who had last treated the child in May 1992 for nervous stomach. Dr. Barnes spoke with each of them alone, beginning with Vita, then D.M., and ending with Henry, summarizing their accounts as she went along. She then performed a limited pelvic exam, cut short by D.M.'s discomfort, and took some tissue samples for lab testing.

The defendant, Michael Lawrence, voluntarily met with Det. Carter at her office on April 19, 1993. After executing a Waiver of Rights form, Mr. Lawrence again denied doing anything of a sexual nature to or with D.M.. He acknowledged being alone with her several times since Fall 1992, and could not explain why D.M. would make up such accusations. At the conclusion of this interview, Det. Carter arrested Michael Lawrence.

Although D.M. had been scheduled to see Dr. Coffman the week of April 19th, a confrontation with a family member resulted in the postponement of that visit until April 30, 1993. Dr. Coffman spoke with D.M., then with her mother, then did a complete physical, including a pelvic exam, tissue swabs from the vagina and throat, and blood and urine samples. After completion of the examination, Dr. Coffman obtained permission to send a copy of her report to Det. Carter and D.M.'s counselor, but made no treatment recommendations.

In the year between these events and the April 1994 trial of this matter, D.M. finished the school year with her classmates, but transferred to another school in Fall 1993. Despite four months of counseling, her behavior continued to trouble her parents, who described her as moody and withdrawn since January 1993. In addition, she felt alienated from her grandfather, and the family's relationships with Henry's relatives were strained.

ASSIGNMENTS OF ERROR

In his first three assignments of error, Mr. Lawrence asserts four issues regarding the admissibility of testimony. As to each, he maintains that the prejudicial effect of the erroneous admission contributed to the guilty verdicts rendered in the case and thus necessitate reversal of his convictions. We will first determine whether each complaint has merit before deciding whether any such errors, separately or together, require reversal.

OPINION TESTIMONY BY POLICE OFFICER

In his first assignment of error, Mr. Lawrence contends that Det. Carter, who was presented at trial merely as an experienced officer rather than as an expert, was nevertheless allowed to express her opinion regarding D.M.'s credibility as well as his own. He argues that the admission of this testimony, over defense counsel's repeated objections, was especially egregious in light of the ruling in State v. Foret, 628 So.2d 1116 (La.1993), that even an expert may not testify as to his assessment of a sexual abuse victim's credibility.

The State counters that Det. Carter testified only that she perceived D.M.'s statements in the interview to be "consistent and detailed," which is admissible under Code of Evidence article 701 because it was based upon the officer's knowledge and experience. Thus, while acknowledging that credibility determinations lie solely with the trier of fact, the State contends that nothing improper was elicited from this lay witness that would require reversal of the convictions.

At trial, Det. Carter first summarized her experience as a child sexual abuse investigator and, over defense counsel's objection, the usual methods she used when interviewing alleged victims. She explained that she asked if they knew the difference between telling the truth and telling a lie, and that she looked for eye contact with the child, consistency as well as age-appropriate descriptions of the acts involved, and expressions of certain emotions, *938 such as embarrassment and fear. Despite additional objections by the defendant, Det. Carter was then permitted to "describe how [D.M.] came across" during her interview with the child, with specific references to eye-to-eye contact, a disturbed and embarrassed emotional appearance, the inclusion of details, and consistency as to content.

While still on direct examination, Det. Carter was similarly asked to "describe the defendant's appearance" at his interview. Defense counsel again objected, arguing that the prosecutor's question was "a subtle way of getting this witness to tell the ... jury her opinion of his veracity." However, the court overruled the objection, and again permitted Det. Carter to testify regarding her subject's demeanor. Using the same criteria as above, the officer stated that Mr. Lawrence "did not make any eye contact" during the interview, that "his facial expression was blank," and that he spoke in a normal conversational tone, with no "shouting" or "yelling" in his denial of D.M.'s accusations.

Article 701 of the Code of Evidence permits a police officer to express an opinion regarding matters of personal knowledge gained through experience, even if the witness is not first qualified as an expert. State v. Lowery, 609 So.2d 1125, 1128 (La.App. 2d Cir.1992), writs denied, 617 So.2d 905 (La.1993). However, the testimony at issue here was not an opinion based upon personal knowledge, but instead was directed at establishing that D.M.'s demeanor during the interview supported Det. Carter's belief in the child's accusations, while the opposite was true regarding Mr. Lawrence's denials. Thus, although thinly disguised, this testimony concerned the credibility of witnesses, which is an issue governed by Code of Evidence articles 607 and 608. These provisions restrict attempts to support credibility as well as to attack it. State v. Babin, 93 1361, p. 8 (La.App. 1st Cir.5/20/94), 637 So.2d 814, 819, writ denied, 94-1563 (La.10/28/94), 644 So.2d 649.

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

Related

State of Louisiana v. Ryan Odell Jimmerson
Louisiana Court of Appeal, 2022
State of Louisiana v. D. D.
Louisiana Court of Appeal, 2019
State v. Hamdalla
126 So. 3d 619 (Louisiana Court of Appeal, 2013)
State v. Merritt
875 So. 2d 80 (Louisiana Court of Appeal, 2004)
State of Louisiana v. Dillon James Merritt
Louisiana Court of Appeal, 2004
State v. Barnes
800 So. 2d 1124 (Louisiana Court of Appeal, 2001)
State v. Brauner
782 So. 2d 52 (Louisiana Court of Appeal, 2001)
State v. Lee
764 So. 2d 1122 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
752 So. 2d 934, 1999 WL 1131557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lawrence-lactapp-1999.